SOFTWARE LICENSE AGREEMENT FOR THE USE OF THE APP AND THE PRIVACEASY SOFTWARE
A.1) The General Conditions set out below, govern both the use of the App and the Privaceasy Software licensed by the company PRIVACEASY S.R.L. based in Brescia (Italy) in Via Sa Bartolomeo 9, C.F. and VAT 04098060983, REA: BS-588133, fully paid-up share capital of euro = 4,000.00 = (four thousand/00) (hereinafter “PRIVACEASY” and then “Owner”) which holds all the exploitation rights and responsibility for use, both the conditions under which PRIVACEASY grants the right of use to the Utilizer of its Software against payment of the fee for the use of the license to use the Software itself and the App free of charge.
A.2) The Utilizer, who accepts this contract, declares to know and fully accept all the conditions provided in this document (hereinafter the “Conditions”), in order to use the Service provided by PRIVACEASY through the Software and the Privaceasy App. Once the App is installed on your smartphone or tablet, you need to register yourself by following the guided procedure within the App itself. Once landed on the Internet Web page app.privaceasy.it you must proceed with your registration by following the guided procedure within the Internet Web page itself. We therefore invite you to read and fully accept these Conditions available both within the Software and the App and on the website www.privaceasy.it (hereinafter the “Site”) where you can also find further information on the Service, as well as read the information on the processing of personal data, also published on the Site and whose consent is required. Without the acceptance of these Conditions and without the release of consent to the processing of personal data, it will not be possible to use the Software and/or the Privaceasy App.
A.3) The installation of the Privaceasy App can be performed:
- Downloading it from the App Store for smartphones or tablets with iOS operating system;
- Downloading it from Google Play for smartphones or tablets with Android operating system;
- Downloading it from other links made available by Privaceasy.
Who can download the App:
- anyone after registration and acceptance of the following General Terms and Conditions.
A.4) The Privaceasy Software will be available in “online” mode on the Internet Web page through the link: app.privaceasy.it
Who can use the Software:
- all those who intend to use the service offered by PRIVACEASY in the various roles described below with the following
General terms and conditions
This document contains the general terms and conditions on the basis of which users are offered the use of the Software and App of the company PRIVACEASY S.R.L.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Owner: PRIVACEASY SRL, with registered office in Via San Bartolomeo 9, 25128 Brescia, VAT number/Tax Code 04098060983, REA: BS – 588133, fully paid-up share capital euro = 4,000.00 = (four thousand/00), PEC address email@example.com, the company that owns the Software and the App granted in use;
- Software: Privaceasy Software;
- App: Privaceasy App;
- Products: the Services provided to the Utilizer by the Owner, through the Internet Web page and the dedicated Application;
- User: any person who for any title or reason accesses the network and uses the Software and/or App and therefore also the consumer is thus defined;
- Utilizer: the natural person of legal age or legal person who concludes a contract for the performance or needs of their business, commercial, artisanal or professional activity, and to whom for these reasons the consumer protection rules referred to in art. 1469 bis of the Civil Code and consequent rules;
- Conditions: this contract which governs the relationship between the Owner and the Utilizers and the sale or supply of the Products/Services offered by the Owner through the Software and/or the App and sets conditions and limits of use for Users.
- Detailed information on the offer to use and the Products/Services of the Privaceasy Software
The Software allows you to:
- register with your requested data and create an account using the online procedure indicated on the dedicated Internet web page (app.privaceasy.it);
- create, upload, collect, acquire, digitize and archive privacy information with the relative approvals/consents expressed by Utilizers and Users on the purposes indicated in the privacy information created by the Utilizer;
- record a specific electronic track and data flow (IP address, timestamp);
- export or import data;
- create landing pages;
- provide webservices (possibility to interact and communicate with other external Software or CRM);
- create contact forms;
- insertion and filing of a specific paper privacy statement with relative copy of the paper document;
- register as a Partner for the marketing of the Software in the ways and terms that will be regulated by conditions specifically regulating this hypothesis;
- view and express consents relating to a specific privacy information through the Privaceasy App or through the various touchpoints provided by the Software;
- purchase SMS packages.
These products and/or services are aimed at Utilizers falling under the regulation of the GDPR 679/2016.
This list, although considered to be complete at the moment, may be modified unquestionably by the Owner.
- Approval of the Conditions
The use of the Software and the App entails, on the part of the Utilizer and the User, the reading, acceptance and understanding of the Conditions as well as the privacy information, confirming that it is legally bound. If the Utilizer and/or the User do not intend to accept the Conditions and/or any other note, legal notice and information published or referred to therein, he will not be able to use neither the Software with the relative Products/Services and neither the App.
The Conditions can be changed at any time by the Owner.
The Owner reserves the right, at your discretion, to change, modify, add or delete part of the Conditions at any time without further notice.
In these cases, the Owner will publish the changes in the Software and App section “Terms & Conditions”. The Utilizer and the User will therefore be required to check the content of the Conditions each time they enter the Software and/or the App, as the use of the same after the application of the changes to the Conditions will entail the automatic acceptance of the terms and any published changes.
The Conditions applicable to the report are those in force on the date of registration on the Software or on the App, subject to their modifications and subsequent acceptances.
Before using the Software and/or the App, the Utilizer and the User are required to carefully read the Conditions and to save or print them for future consultations.
The Owner reserves the right to change at its discretion, at any time even after the registration of the Utilizer and/or the User, the graphical interface of the Software and the App, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Software and the App, communicating the relevant instructions to the Utilizer and/or the User, where necessary.
The User and the User agree to use the App to receive any communications, Push notifications or alerts.
The Owner reserves the right to take the following actions at any time and without notice: (1) modify, suspend or discontinue the functionality or access to the App or parts of it for any reason; (2) modify or change the App or parts of it and any related rules or conditions; (3) interrupt the functionality of the App or parts of it if this becomes necessary to perform ordinary or extraordinary maintenance operations, correct errors or make other changes.
Without prejudice to compliance with these Conditions, the Owner grants the Utilizer and the User the personal, non-exclusive, non-transferable and limited right to access and use the App.
- Purchase or supply request through the Software
All the Products/Services offered through the Software are described in point 2) of this, on the website www.privaceasy.it and within the Software itself.
The information and images relating to the Products/Services published on the Software and on the App or in other similar IT documents are purely indicative and representative and do not constitute a contractual element without binding in any way the Owner.
Purchases and/or requests for the supply of one or more Products/Services through the Software are only allowed to Utilizers while the application will also be usable by Users.
The offer of Products/Services through the Software constitutes an invitation to offer pursuant to Article 1336 of the Italian Civil Code and the order sent by the Utilizer will be considered a contractual proposal for the use of the Software. The order will be subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will, at its sole discretion, have the right to accept or reject the Utilizer’s order without the latter being able to complain or complain about anything for any reason and/or reason. The license agreement for the use of the Products/Services is understood to be concluded with the acceptance by the Owner of the Utilizer’s contractual proposal. The order will be deemed accepted by the Owner and the contract concluded with the acceptance of the payment of the Products made by the Utilizer. The contract cannot be considered concluded between the parties, in the absence of what is indicated in the previous point.
The Utilizer undertakes to verify the correctness of the data contained in the order request and to immediately notify the Owner of any errors.
The Utilizer undertakes and undertakes to keep the copy of his order, the payment made electronically, and if received the order confirmation.
The Owner reserves the right to cancel one or more Products/Services from the price lists or to add new ones in his/her sole discretion and without notice.
Purchase orders can only be accepted if executed by filling in and/or sending digitally through the order procedure present on the Software in electronic/digital format.
The sending of the order establishes the unconditional acceptance of these Contractual Conditions confirmed by the Utilizer, who therefore renounces any own Purchase Conditions considered individually or as a whole.
It is understood that it is not allowed to violate or attempt to violate the security of the Software Products/Services and the purchase procedure and the license to use, damaging network nodes or network services or limiting, disabling, interrupting or preventing other way the ability of the Owner to monitor or make available the Service and/or the supply of Products/Services.
The Utilizer and the User have the burden of creating their own private password and keeping their access credentials which must be used exclusively by the same and cannot be transferred to third parties. The Utilizer and the User undertake to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner if they suspect or become aware of an improper use or an undue disclosure of the same.
The Utilizer and the User guarantee that the personal information provided during the registration procedure is complete and truthful and they undertake to keep the Owner harmless and free from any damage, compensation and/or sanction deriving from and/or in any connected to the violation by the Utilizer and the User of the rules on registration to the Software and the App or on the conservation of the registration credentials for which the Utilizer and the User are responsible.
The User is given the option to register on the App via a Facebook account in compliance with the conditions of use of the aforementioned social network. The Utilizer who already has an account created through the Software can access the use of the App without making a new registration but using the same credentials for access.
The Utilizer also undertakes to:
- immediately notify the Owner by e-mail at firstname.lastname@example.org of any unauthorized use of your password or account or of any security breaches;
- verify that you log out of your account at the end of each session.
- Account, cancellation method, closure due to inactivity
The registered Utilizer can stop using the Software at any time and request the cancellation of his account through the Software interface, if possible, or by sending a written communication to the e-mail address email@example.com. The cancellation of the account will bring with it the additional effect of disconnecting any features in the App connected to it.
Once the Utilizer has registered and generated his account he will have two options at his disposal:
- may proceed to verify the functionality of the Products/Services with a trial period (regulated in the following art. 8);
- can proceed with the direct purchase of the Products/Services by subscribing to the subscription chosen from the various options available.
If at the end of the trial period the Utilizer does not purchase any subscription or once purchased does not have to be renewed, the Owner after 6 (six) months from the end of the trial period or from the non-renewal, will have the right to cancel the account. customer with relative archive of approvals. It will therefore be the responsibility of the Utilizer to export the data, relieving the Owner of any responsibility as of now.
In the event of a violation by the Utilizer of the Conditions or applicable legal provisions, the Owner reserves the right to block access or close the Utilizer’s account at any time and without notice. In addition, the Utilizer as of now declares to release the Owner from any responsibility for any blocking or cancellation of his access or use, even unwanted, of the Software.
In the event that the User or the Utilizer is not satisfied with the App or its contents, they will have as their only remedy the termination of the use of the App by permanently deleting it from their device.
The Owner reserves the right to deny anyone access to the Software and/or the App and/or to block future access to the Software in its sole discretion and without notice in case of violation of these Conditions or other contracts or guidelines that may be associated with the use of the Software and/or App.
The Owner reserves the right to prohibit access to the Software and/or App in its sole discretion and without notice for the following causes, but not limited to them:
- upon request from law enforcement or other government agencies;
- at the request of the Utilizer (cancellation of the account initiated by the Utilizer himself);
- suspension or substantial modification of the Software and/or App or any service offered by the same;
- technical difficulties or sudden problems.
The Owner offers Products/Services by subscription. The subscription features and methods as well as the costs are detailed both in the Software and on the website www.privaceasy.it.
To subscribe to the subscription, the Utilizer must follow the procedure indicated in the Software and enter the required data. Any charge for the cost of the subscription will begin on the specified date and with the frequency indicated at the time of subscription.
The subscription is renewed according to the methods and times indicated in the Software.
Utilizers can deactivate the renewal of the subscription through the Software or by sending a communication to the e-mail address firstname.lastname@example.org or by changing the preferences of the payment method used.
- Trial period
The Utilizer is granted the opportunity to use the Software Products/Services for a limited trial time as indicated on the website www.privaceasy.it and/or in the Software.
The characteristics of the trial period are specified both on the website and in the Software.
The trial period does not bind the Utilizer to send subsequent orders and to subscribe at the end of the same. The Utilizer can interrupt the test at any time without any commitment and cost.
In any case, failure to comply with the Contract Conditions and/or current regulations, will authorize the Owner to suspend the Utilizer trial period. In any case, the account created will remain active for up to a maximum of 6 (six) months, after which if no subscription is activated, the Owner will have the right to close it and delete the data, without this generating any liability in headed by the owner himself.
The Owner reserves the right to modify or end the trial periods at any time without notice and in its sole discretion.
- Prices and payments
The purchases of the Products/Services are managed directly within the post registration Software.
The price and VAT are indicated for each Product/Service.
Once the Products/Services are displayed, it will be possible to choose the one of interest and purchase it.
The digital order that the Utilizer transmits to the Owner, will contain the precise identification of the Product/Service, the name, the description, the price, the requested execution date and any other element required by the Procedure through the various electronic interfaces present in the Software.
In the event of completion of the Procedure, the sales of Products/Services are to be considered definitive and no withdrawal will be allowed.
Once the purchase has been made by the Utilizer and the price paid, the Owner will send the relative invoice in compliance with the Italian legislation in force.
By placing an order in the manner previously indicated, the Utilizer declares to have read all the information provided to him during the Procedure and to have accepted these Conditions in full.
It is understood that in the event that the payment is not perfected, the order sent must be considered refused and/or not completed.
The Owner reserves the right to change the price of the Products/Services at any time. It is understood that any price changes will in no case affect the contracts already concluded before this change.
The Software used for the payment uses third-party tools for the processing of payments and the Owner does not enter in any way in contact with the payment data provided (number of credit cards, name of the owner, password, etc.).
The Utilizer declares that he has the full right to use credit cards or other payment instruments and that they have sufficient credit to cover all costs relating to the purchase of the Products/Services.
During the registration of the account in the Software, the Utilizer will be asked for the billing information. For the issuance of the invoice, the information provided by the Utilizer which he declares and warrants to be true will be deemed authentic, releasing to the Owner any wider indemnity in this regard, which therefore cannot be held responsible for the errors induced by the Utilizer.
- Methods of providing services
The license to use the Privaceasy Software and any functions in the App and consequently the right to use it will start from the payment correctly executed, except as established in the trial period referred to in the previous art. 8.
- Exclusion of Utilizers’ right of withdrawal
The Utilizer is not recognized the right to withdraw from the contract of sale or supply of the Products/Services. The Utilizer expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a Utilizer, for which the right of withdrawal is not provided.
- Content sent by Utilizers and Users – prohibitions
The Utilizer and the User may upload content and data on the Software and on the App, provided that they are not illegal (that is, by way of example but not limited to), obscene, intimidating, defamatory, pornographic, abusive or for any illegal or violin title the privacy, the intellectual and/or industrial property rights of the Owner and/or third parties, misleading or otherwise harmful to the Owner and/or third parties or contain viruses, political propaganda, commercial solicitation, e-mail of mass or any other form of spamming. In case of dispute of the contents stored through the Software and the Privaceasy App, by third parties, the Utilizer and the User assume full responsibility and undertake to hold harmless and indemnified the Owner from any damage, loss or expense. The Owner, at his unquestionable judgment, may delete the contents or data deemed illegal by notifying the Utilizer and/or the User and reserving the right to block the use of the profile and to suspend the right to use the license to use the Software or App.
The Utilizer and the User undertake to use the Software and the App only for legitimate purposes and in particular, without violating or infringing, in any way, the rights of other Utilizers and/or Users; behaviors that, at the discretion of the Owner, limit or prevent other Utilizers and/or Users from taking full advantage of the Software and App granted in use are also not authorized.
The Utilizer and the User each guarantee, as far as they are concerned, that the contents are sent to the Software and the App through their accounts by adults. For minors, the sending of content must be screened and authorized by parents or by parental responsibility operators.
The Utilizer and the User are totally and exclusively responsible for the use of the Software and the App also with regard to the functions of publication, consultation, content management and contact with any further Users and are therefore the only guarantors and responsible for the correctness, completeness and lawfulness of the contents and their behavior.
It is forbidden for anyone to use an e-mail address that is not owned by the registrant or any of his employees for registration and subsequent activities related to the license to use the Software and the App, to use personal data and the credentials of another Utilizer or User or person or company in order to appropriate his identity, or otherwise declare false on the origin of the contents.
The Owner is unable to ensure precise control over the contents received and reserves the right at any time to cancel, move and modify those which, in its discretionary judgment, appear illegal, abusive, defamatory, obscene or harmful to the right of author and trademarks or in any case unacceptable.
Utilizers and Users grant the Owner a non-exclusive right of use on the content sent for the purposes indicated in art. 2 of this contract, without limitation of geographical areas. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform and will not be liable to Utilizers and/or Users for the loss, modification or destruction of the transmitted content.
It is expressly forbidden, unless explicitly authorized by the Owner:
- resell the services of the Owner to third parties unless expressly authorized;
- reproduce or copy, distribute, allow public access through any publication method, transform or modify the contents of the Software and the App;
- eliminate, circumvent or manipulate the “copyright” and other significant information on the rights of the owners incorporated in the pages of the Software and the App, as well as the technical protection devices or any information mechanism that may contain the pages of the Software.
- Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights, titles and interests relating to and/or pertaining to the Software and the App and/or the content available on them. Therefore the copyright, any patents, all figurative or registered trademarks and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Software and the App are and remain of ownership of the Owner or its licensors and are protected by current trademark laws and related international treaties.
The Conditions grant the Utilizer and User a license to use the Software and the App and/or individual contents and/or materials available there, within the contractual limits for temporary use established by the Conditions, unless otherwise regulated .
Any reproductions in any form of the explanatory texts and contents of the Software and the App, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
- Warranty exclusion
The right to use the Sotware and the App is granted “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Software and the App, nor does it provide any guarantee that the Software and the App can meet the needs of Utilizers and Users or that will never have interruptions or will be error-free or that will be free of viruses or bugs.
The Owner will endeavor to ensure that the Software and the App are available uninterruptedly 24 (twenty four) hours a day but cannot in any way be held responsible if, for any reason, independent of your will, the Software and the App are not were accessible and/or operational at any time or for any period.
Access to the Software and App can be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or for force majeure events.
- Limitation of Liability
The Owner will not be liable to the Utilizer and/or Users for the failure to comply with any clause of these Conditions, if the fulfillment is made impossible or excessively expensive due to unforeseeable events not attributable to it.
The Owner cannot be held responsible towards the Utilizer and Users, except in the event of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs suffered by the Utilizer and by the Users following the non-execution of the contract for reasons not attributable to him.
In the event that for any technical or legal reason it becomes impossible to execute the contract, the Utilizer will be entitled only to any refund of the price paid and any accessory charges incurred for the period of time not enjoyed due to the expiry of the license.
The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not enter in any way in contact with the payment data used (number of credit cards, owner’s name, password, etc.).
The Owner will not be responsible for:
- any loss of commercial opportunities and any other loss, even indirect, possibly suffered by the Utilizer and Users that are not a direct consequence of the violation of the contractual conditions of use by the Owner;
- incorrect or unsuitable use of the Software and App by Utilizers, Users or third parties;
- the issue of incorrect documents or tax data due to errors relating to the data provided by the Utilizer, the latter being solely responsible for the correct insertion.
No clause contained in these Conditions is aimed at circumventing compliance with current legislation or at excluding or limiting the responsibilities provided for by the law which cannot be excluded by law. By using the Software and the App, the Utilizer and Users accept the exclusions and limitations of liability set forth above by declaring that they consider them reasonable. If they do not consider them reasonable, they are invited not to use the Software and the App.
The Owner has no responsibility towards the Utilizer and the User or third parties for the consequences deriving from the interruption of access to the Software and the App following violations of these Conditions. In the event that the Owner takes legal action against the Utilizer or the User following the violation of these Conditions, the Owner will have the right to request, and the Utilizer and the User agree to pay, the payment. reasonable legal fees and costs related to this action in addition to any other legal remedy granted to the Owner.
The Owner will not be responsible for injuries resulting from malfunction, error, omission, interruption, cancellation, defect, delay in operation or transmission, computer virus, failure of communication lines, theft, destruction or access, alteration or unauthorized use, be it caused by default, fault, negligence or other cause.
In the event that, regardless of the other clauses of these Conditions, the Owner is recognized as liable towards the Utilizer or the User for any damage or loss deriving from or connected to the use of the Software, the App, the website or their contents or data, the responsibility of the Owner cannot in any case be greater than the amount paid by the Utilizer for the use of the Software and the App.
The Utilizer agrees to indemnify and hold harmless the Owner, its managers, shareholders, employees, any agents, subsidiaries and affiliates against any request, loss, liability, claim or expense (including legal fees) arising from the use of the Software and of the App by the Utilizer and the User themselves.
The Owner may disclose information relating to the Utilizer and the User (including his identity) if he determines that such disclosure is necessary in relation to any investigations or complaints regarding the use of the Software or App by the same, or to identify, contact or bring legal actions against persons who may harm or interfere with (intentionally or unintentionally) the rights and property rights of the Owner or visitors or Users of the Software and the App, including the Clients’ customers.
The Owner may keep any transmission, document or communication between the Utilizer, the User and the Owner through the Software and the App or any service offered on or through the Software and the App, and may also disclose such data if required by law or if it determines that such storage or disclosure is reasonably necessary for:
- comply with legal processes;
- exercise these Conditions;
- respond to the claim that the contents of any communication violate the rights of third parties or protect the rights, property rights or personal safety of the Owner, his employees, Utilizers or Users of the Software and App.
- Major force
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unexpected and unforeseeable events and, in any case, independent of its will .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the proper fulfillment of his obligations despite the persistence of force majeure events.
- Linking to third party sites
The Software and App may contain links to third party sites or applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites or applications.
Some of these links may refer to Software, websites or third party applications that provide services through the Privaceasy Software or App. In these cases, the general conditions for the use of the Software, websites and/or applications and for the use of the services prepared by third parties, for which the Owner assumes no responsibility, will apply to the individual services.
Although the owner’s website, Software and App are not vehicles of viruses, worms, trojans or other harmful elements, it is not possible to exclude a priori that they may be conveyed by browsing the website, Software and App themselves or on the sites linked, on the computers or smartphones and tablets of the Utilizers and/or Users. It is therefore the sole responsibility of the Utilizers and/or Users to have the appropriate tools to ensure safe navigation, such as an updated antivirus. It is also recommended to scan the files you intend to download. In any case, the Owner will not be held responsible for damage resulting from attacks by computer viruses or other similar threats, including attacks by computer pirates that Users may suffer during or due to browsing on the website, Software and App or on the sites linked.
If any clause of these General Conditions is considered null, invalid or ineffective, such nullity, invalidity or ineffectiveness will not compromise the validity of the other clauses which will continue to be fully effective.
- Applicable law and jurisdiction
These Conditions, as well as any sales contract concluded between the Owner and the Utilizer and for any matter that may arise towards Users, will be regulated and interpreted in accordance with Italian law.
For Utilizers, any dispute relating to the application, execution and interpretation of these Conditions will be devolved exclusively to the forum of the place where the owner has its registered office.
- Access to the contract, general conditions, privacy and their conservation
Pursuant to art. 12 of Legislative Decree 70/2003, the Owner informs the Utilizer that every order sent electronically is stored in digital form on the server or in paper form at the Owner ‘s office according to the criteria of confidentiality and security and can be provided on request by the Utilizer in format electronic or in paper form.
For express approval of the clauses referred to in articles 12, 13, 15, 16, 17, 20, 21.