General Conditions of Use for the site emmegisistemi.com
(1) The present General Conditions of Use regulate interaction between Emmegi Sistemi di Comunicazione srl, via Santa Maria 11, 20014 Nerviano (MI) Italy and the user of the site (“User/Customer”). The present Terms and Conditions have contractual value between the parties, which, by using the site, declare to know them, accept them in their entirety and abide by them.
(2) The version of the General Conditions of Use binding for the User/Customer is the one in force at the moment in which the User/Customer accesses the Service Provider’s site online. Only the version currently in force will be visible on the site. The Service Provider does not save previous versions of the General Conditions of Use, therefore we recommend that the User/Customer print or save a copy of them.
2. Notice of data collection
3. Contents of the site
The present internet site is an on-line information portal that enables Users/Customers to obtain information related to products and services offered by the Service Provider as well as to consult the Service Provider’s products and services and request additional information about them.
The Service Provider is the exclusive owner of the site emmegisistemi.com and its contents. Reproducing, even partially, the site by copying text, graphics or drawings is strictly prohibited.
The Service Provider also offers an electronic mail system that the User/Customer may use to get in contact. The Service Provider will reasonably work on the sales end to ensure that said system is protected.
If a User/Customer sends, submits or publishes a content of any nature, he/she declares that he/she assumes exclusive liability for doing so and that he/she owns the necessary rights and authorizations and to also have the necessary approval of any person or subject contained in said content.
The information supplied by the User/Customer shall be processed by the Service Provider for the following purposes: sending information and sales communications related to services, events and initiatives that feature Emmegi Sistemi di Comunicazione srl and/or his Partners and Customers.
4. Warranty and Limitation of Liability
All Site contents are published for the mere purpose of providing general information. The Service Provider does not guarantee their accuracy and completeness and it reserves the right to modify and update said information without any prior notice. The Service Provider shall not be held liable for any and all damages, direct or indirect, including loss of profits deriving from the use of the inability to use the Site and its components, or sites directly or indirectly linked to it, as well as from errors and omissions.
No User/Customer or third party is authorized to:
(a) use the contents of the site emmegisistemi.com through the aid of any automatic or manual system whatsoever. More specifically, you are not allowed to copy, divulge, reproduce, process, translate, compile said content or grant any usage rights for data or other items and to use the contents and make them available, even unintentionally, partially or fully to the public;
(b) use any process or automatic mechanism, such as indicization by web-spiders or other programs for the purpose of monitoring site contents;
(c) transmit, send through any means or activate any content or program that, due to its size or nature, may damage the IT system of the Service Provider, send said content or program to the site or use any material or IT program with detrimental contents or containing harmful programs;
(d) use or access the site emmegisistemi.com in a way that jeopardises the IT system or site.
(1) The e-mail messages sent through the Service Provider’s information request system must contain only serious requests for information. You may not abuse the Service Provider’s e-mail system, especially not to send unsolicited commercial messages (spam).
(2) The Service Provider complies with the Consolidated Law on Privacy (Italian legislative decree 30 June 2003, no. 196).
7. Right to remove content
Users/Customers must personally guarantee that the communications and contents that they publish on the site do not violate any law, rights of individuals or entities and that they do not contain false or offensive information, slander or violations of copyright law or Italian Legislative Decree 196/03, which provides for safeguarding personal information.
In case a third party were to request the removal of an announcement based on a presumed violation of trademark, copyright or laws in matters of competition or protection of personal data and/or privacy, or for any other valid reason, and the User/Customer is unable to prove to the Service Provider his/her right to make said content public, including images and/or photographs, the Service Provider shall have the right to adopt any other safeguard.
In any case, the Service Provider reserves the right to eliminate at its own unquestionable discretion any publication that may be offensive or harmful for any reason, for the dignity or reputation of others because clearly untrue or because they violate the rights of third parties or break the law.
8. User/Customer responsibility
The User/Customer shall be considered solely and exclusively liable for all financial repercussions deriving from damage suffered by the Service Provider as a result of transmitting or sending contents or programs by the User/Customer, causing damage to the Service Provider’s systems or data, or causing malfunction of said system or damage to it or any other damage, including damage to the Service Provider’s reputation. Financial repercussions as stated above include fees for attorneys and legal experts.
9. Communications for the Service Provider
(1) Communications from the User/Customer to the Service Provider must be sent to: Emmegi Sistemi di Comunicazione srl, via Santa Maria 11, 20014 Nerviano (MI), Italy or by using the contact form on the portal.
By sending discretionary, explicit and voluntary e-mail to the addresses shown on this Site or by submitting the form, the customer consents to the acquisition of his/her e-mail address needed to respond to requests as well as any other personal information contained in the message.
The User’s personal information made available by the Service Provider shall be collected and used to: (a) contact Users who have requested it by purposely inserting their information in this section of the Site, introduce products by the Service Provider and by its sales and service network and/or subjects that cooperate in the commercial activities of the Service Provider and/or offers of goods and services via post, internet, telephone, e-mail, MMS and SMS from Italy or abroad (even from non-European Community member countries), (b) send newsletter/s requested by the User,
(c) processing of studies, statistical and market research.
10. Data communications
The User’s personal data collected by the Service Provider may be communicated to the Service Provider’s sales and service network and to those who collaborate in the Service Provider’s commercial activities and their Parent companies, controlled by and/or linked to the Service Provider for the purposes illustrated in the present conditions.
Inside the Service Provider, the User’s personal information may be viewed by corporate bodies, company staff and, more specifically, employees whose job is to develop the products marketed online, the customer care department, marketing activities, IT tools maintenance and, in any case by the Manager and those in charge of processing personal information.
The User’s personal information may also be communicated to any qualified individuals that provide the Service Provider with services or tools for the purposes indicated in the above Article 1 of the present notice, including individuals and companies that manage and/or participate in the management and/or maintenance of our internet sites and electronic instruments. In the pursuit of the activities as per article 1, the Service Provider may use the following categories of individuals, which may gain knowledge of the User’s personal information: qualified entities, such as banks, companies and insurance companies, suppliers and subcontractors, which provide features or services instrumental to sending newsletters, promotional or informational messages, even of a commercial nature, for the processing of statistical and market research, for organising and carrying out events and shows, even of a promotional nature; entities linked to law, taxes, retirement, accounting and organization; any other entity whose data shall be communicated as expressly required by law. Personal information may be transmitted to other countries, in compliance with current regulations, even to non-EU countries, where the Service Provider pursues its interests.
11. Assignment of data and consequences of a refusal
Sharing your personal information is optional; however if you refuse and/or provide us with incorrect and/or incomplete information, this will make it impossible to contact Users to present products or sending newsletters or informational or promotional messages, even of a commercial nature or for Users to participate in processing studies, statistical and market research.
We wish to inform you that Italian Legislative Decree no. 196 dated 30 June 2003 "Law in matters of safeguarding personal information", sets forth safeguards in the processing personal information and information of other entities.
According to the aforementioned regulations, this type of processing will be inspired by principles of correctness, lawfulness and transparency while safeguarding your privacy and rights.
Therefore, according to article 13 of Italian Legislative Decree no.196/2003, we hereby provide you with the following information:
1. The information that you provide will be processed for the following purposes: sending information regarding the Service Provider’s offers, informational and commercial materials related to services, events and initiatives that feature Emmegi Sistemi di Comunicazione srl and/or his Partners and Customers.
2. Data processing will be performed in two main ways: manual and computerized.
3. Releasing your information is optional.
4. The information may be communicated to employees or partners of Emmegi Sistemi di Comunicazione srl for the same purposes as those indicated in paragraph 1.
5. The data controller is Emmegi Sistemi di Comunicazione srl, via Santa Maria, 11 20014 Nerviano (MI).
6. The data supervisor is Mario Parini [owner of Emmegi Sistemi di comunicazione srl, via Santa Maria 11, 20014 Nerviano, Milano].
7. At any time you can exercise your right toward the data controller, according to art. 7 of Italian Legislative Decree 196/2003, which we have fully quoted below for your convenience:
Legislative Decree no.196/2003, Art. 7 – Right to access personal information and other rights
1. The person concerned has the right to obtain the confirmation of the existence or not of personal information about them, even if they are not yet registered and they have a right to receive this information communicated in an intelligible way.
2. The person concerned has the right to learn:
a) how the personal information was collected;
b) the ways in which the information is processed and for what purposes;
c) the logic applied in case of data processing performed with the aid of electronic tools;
d) identifying information of the data controller, data supervisors and person in charge, appointed in accordance with article 5, comma 2;
e) which entities and category of entities share said personal information or who could gain knowledge of the information as designated representatives in the territory of Italy, managers or representatives.
3. The person concerned has the right to obtain:
a) updates, modifications or, when interested, integration of data;
b) cancellation, transformation in anonymous form or block of data processed against the law, including those that do not need to be saved in relation to the purposes for which the information was collected or later processed;
c) the certification that the operations per paragraphs a) and b) have been made known, even in regards to their content, by those to which the information was communicated or with whom it was shared, except cases in which such fulfilment results impossible or involves the use of means clearly disproportional to the right upheld.
4. The person concerned has the right to oppose, fully or in part:
a) for legitimate reasons, the processing of personal information that concern him/her, although pertinent to the purposes of the collection;
b) processing of personal information about him/her in order to send advertising materials or direct sales or to perform market research or commercial communications.
13. Applicable law and competent court
(1) Relations between the parties shall be exclusively subject to Italian law.
(2) Any dispute arising between the Service Provider and the source User/Customer with reference to the present general conditions will be heard exclusively by the Court of Milan.
(3) If one or more clauses of the present Conditions are invalidated, said invalidity shall not affect other contractual arrangements.
(4) We recommend that Users/Customers save or print a copy of the present General Conditions and save it in their files.