TERMS AND CONDITIONS

These terms and conditions pertain to the service offered to the user within the SEOZoom software (hereinafter the “Software”), a proprietary system that can be reached through the site www.seozoom.it and www.seozoom.com (hereinafter the “Site”) owned by SEOZoom S.R.L., in the person of its legal pro tempore representative, with:
  • Headquarters in: Via dell’Epomeo, 463 –80126 Naples (NA)
  • Company Register of Companies of C.F. and VAT: IT07231591210
  • Email: info@seozoom.it
  • PEC: seocube@pec.it
  • Tel.: +39 0815881168
  1. PREMISES
  1. These terms and conditions (“T&Cs”) govern the use of the SEOZoom platform, a complete web marketing software, built in SaaS (“Software as a Service”) and offered “as is” without customizations, which allows to manage all aspects of SEO activities to improve the visibility of a site on search engines.
  2. SEOZoom is a registered trademark with the EUIPO (No. 013739198) owned by SEOZoom S.R.L.
  3. The Site, the Software and all web pages made by/for SEO CUBE and identifiable also by the SEOZoom trademark may not be copied, imitated, reproduced, either in whole or in part (e.g. layout, content and images, graphics, scripts, etc.), transferred by electronic or conventional means, modified, decoded, linked and used for purposes other than those envisaged by these T&Cs, without the prior consent of SEO CUBE.
  4. The service is offered in compliance with Italian law, and in particular with Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (e-commerce), the Italian Civil Code and Legislative Decree 206/2005 and ss.mm.ii. (consumer code).
  5. SEO CUBE accepts orders from private users (“Consumers”) and professional users (“Professionals”) (together defined as “User” or “Users”). The inclusion of the VAT number during the purchase procedure is an indication that the purchase is made for purposes related to the entrepreneurial, commercial, craft or professional activity carried out. Therefore, the protections expressly provided by law for Consumers do not apply to Professionals.
  6. The Contract is executed against the User as identified by the data entered in the order form that is transmitted electronically upon acceptance of these T&C.
  7. The use of third party logos does not constitute an endorsement or association of any kind with the relevant intellectual and industrial property rights-holding companies.
  8. The T&Cs applicable to the SEO CUBE-User relationship are those in effect on the date of trial registration or subscription. They may be modified at any time by SEO CUBE and any changes shall be deemed in force from the time of their publication on the Site.
  9. Before proceeding to activate a trial or purchase and, therefore, proceeding to the payment of the order, the Customer is required to read these terms and conditions carefully. The placing of the order implies the knowledge and express acceptance of the same both of the aforementioned general terms and conditions and of what is indicated in the purchase procedure.
  10. For any kind of inquiry or communication, the Customer may contact SEO CUBE using the Live Support on the Site or by email at info@seozoom.it.
  11. The Customer acknowledges and agrees that all communications relating to the relationship with SEO CUBE will be sent to the email address provided at the time of registration or transmission of the order, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.
  12. The premises form an integral and substantial part of this Contract and the Customer declares that he/she has taken full knowledge of them and accepts their contents without reservation.
  1. CONDITIONS OF USE
  1. The User may use the Software, either as a guest user with certain limitations or by carrying out a 7-day free trial or after creating an account on the Site by purchasing a monthly or annual subscription. The paying user will be referred to as Subscriber or Customer while the non-paying user will be referred to as Guest. The nomenclature “User” will always be used to define both types.
  2. SEOZoom is not a visit tracking software and does not have access to detailed information about certain traffic sources such as referrals, traffic from social networks, direct traffic, traffic from advertising campaigns or emails that require tracking codes to be installed on the User’s website. Moreover, SEOZoom is not aware of all possible keywords that might be used by search engine users, so estimates are made on a sample of keywords deemed interesting by the algorithms and not on the totality of keywords actually used for SERPs. Therefore, SEOZoom is not responsible for any misinterpretation of this data or any losses resulting from it. To get a clear idea of what the real traffic of a website is, it is necessary to use traditional analytics software and have full access to internal analytics systems (server log analysis or pixel tracking) to get information about any traffic source.
  3. The estimates provided by SEOZoom are the result of statistical and probabilistic calculations and an analysis performed only and exclusively on organic traffic (from search engines) and on a small sample of keywords, so SEOZoom’s estimates of organic traffic will almost always be lower than the actual organic traffic that the User might observe in analytics software (e.g. server log analysis or pixel tracking). In the case of economic negotiations and partnerships with any third parties, it is advisable and strongly recommended that Users get analytical data and not rely solely on SEOZoom’s estimates.
  1. SUBJECT
  1. These T&Cs govern the service offered through the Software that allows you to monitor the management and analysis of the website indexing system. By registering, accessing or using the services, the User agrees to enter into a legally binding contract with SEO CUBE (even if using the Software on behalf of a company) and fully accepts these T&Cs. By entering into the contract, SEO CUBE and the User do not constitute a business partnership or any other form of collaboration or subordination.
  2. By accessing the Dashboard, the User accesses the features of the Software depending on the subscription chosen. These functionalities are illustrated in a guide accessible from the url https://guide.seozoom.com/, whose intellectual property rights and copyright are held by SEO CUBE.
  1. REGISTRATION
  1. In order to use the Software, the User performs registration, which is permitted only to: persons (not bots) who are 18 years of age or older and have full legal capacity to commit, have a valid email address, and have a payment system accepted by the Site.
  2. The User agrees to ensure compliance with applicable T&Cs by third parties on whose behalf they access SEO CUBE or use it for business or commercial purposes. The Professional User represents and warrants that he/she has the authority to bind said third parties to these conditions.
  3. When registering, the User declares that all information provided at the time of registration is true, accurate, current and complete, under penalty of invalidity of the contract; furthermore, the User agrees to keep said information up-to-date at all times.
  1. TRIAL PERIOD
  1. The User of the Site can make a free trial, the duration of which SEO CUBE reserves the right to determine based on technical or commercial needs (e.g., promotions and sponsorships).
  2. In order to activate the trial period, the User must create an SEOZoom account by completing the registration form and selecting a valid payment method. This process serves only to verify the authenticity of the data and to ensure the uniqueness of the registration.
  3. It is expressly prohibited to activate more than one free trial using the same email address, credit card or payment method.
  4. Please note that the free trial period does not incur any charges either at the time of registration or upon its expiration, and is not subject to automatic renewal.
  5. At the end of the trial period, the use of the Software will automatically stop. The User may decide whether to subscribe or discontinue use of the service, without any obligation.
  1. PURCHASE FLOW
  1. The User can make the purchase of the Software on the Site, choosing the plan from those displayed on the Site with the features best suited to their needs.
  2. By clicking on the button under the chosen plan, the User is directed to a form to be filled out. By submitting the form and signing this Agreement, the Customer declares, under his/her own responsibility, i) that he/she has the capacity to enter into a legally binding contract, ii) that all data provided are true, and iii) that he/she fully accepts the T&Cs included therein.
  3. Following the completion with their data and billing information, type of subscription – monthly or annual – the User selects the payment method and views a summary of details and can choose to continue with the order confirmation. Then, to conclude the contract and finally transmit the order, the User confirms the purchase via the “Complete purchase” button) and SEO CUBE processes the payment.
  4. The correct receipt of the order is confirmed by SEO CUBE by means of a summary communication, sent to the e-mail address provided by the User when completing the order form. From this moment on, the contract between Seller and Customer is finalized. This message the information necessary to summarize the essential characteristics of the purchase and all the data entered by the User at the time of confirmation of the order, who agrees to verify its correctness and promptly communicate any corrections by e-mail to the addresses indicated above or through the chat Live Support accessible from the home page of the Site.
  5. The User can check the status of his/her subscription by accessing the profile.
  6. SEO CUBE must be able to request by e-mail or telephone more information especially in order to properly fulfill contractual obligations. Therefore, it is the obligation of the Customer to enter real data in the order form.
  7. SEO CUBE reserves the right not to execute to purchase orders that do not give sufficient guarantees of solvency or that are incomplete and incorrect. In such cases, SEO CUBE undertakes to promptly notify the User. In the case of submission of the order form and payment of the price, SEO CUBE shall refund the amount already advanced.
  1. SUBSCRIPTIONS: DURATION AND TYPE
  1. The User can choose to take a monthly or annual subscription, with possible automatic renewal.
  2. The User is autonomous in the management of his or her subscription and may withdraw from the contract at any time, giving notice of cancellation of the automatic renewal where foreseen before the expiration of the new period; in any case the User, benefits from the Software until the end of the duration of the purchased plan.
  3. The Subscribing User is responsible for checking the status of payment subscriptions before each renewal. If you do not wish to renew automatically, you must notify us in a timely manner by visiting the Profile and Billing page to find out when your account will be renewed and to disable any automatic payments. Subscriptions are repeated monthly or annually in most cases, depending on the subscriber’s choice during enrollment.
  4. If the Subscriber wants to downgrade the subscription, he or she can let the purchased plan expire, canceling automatic renewal where applicable, and activate a new plan.
  5. The number of accesses, as well as the number of Projects available to the User depends on the type of subscription chosen. Once a subscription is subscribed, the User can customize it with dedicated add-ons and thus increase, for example, the number of Projects or Keywords that can be monitored, or pages that can be scanned by SEO Spider.
  6. The User Customer agrees and acknowledges that termination of the service for any reason will result in the deletion of any project data stored in its Dashboard. The User has the option to download reports for a period of 7 days following the end of the purchased plan term.
  1. PRICES AND PAYMENTS
  1. The price of each plan is payable in Euros, including taxes and mandatory contributions.
  2. SEO CUBE reserves the right to change the sale prices at any time due to technical, commercial or market changes. The validity of the prices is always and only the one indicated in the order confirmation that is sent to the User.
  3. In the event that an incorrect and/or clearly derisory price is published, for whatever reason (systems error, human error, etc.), the order will be cancelled, even in the case of initial validation.
  4. All purchases made on the Site are secure, as they are guaranteed by SSL certification and respective HTTPS protocol. The proposed payment methods involve exclusively multi-referenced circuits.
  5. The Customer can make the purchase by recurring payment by credit or debit card or through Paypal, or by bank transfer to the coordinates indicated in the order confirmation.
  6. It is understood that SEO CUBE remains extraneous to the contractual arrangements that the User undertakes with payment companies. In addition, the User warrants to SEO CUBE that he or she has the necessary authorizations to use the payment method chosen for his or her order at the time the order is placed.
  7. The payment of the fee by credit card charge or Paypal is made monthly on the same day of the month corresponding to the date of the initial purchase/payment (e.g., if the purchase is made on February 20, it is renewed on March 20); in this case, the renewal is automatic unless cancelled. If the User has chosen payment by bank transfer, they must ensure to provide payment for the new monthly period by the due date; otherwise, access to the Software is automatically suspended.
  8. Payment of the annual fee shall be made in one lump sum and access to the Software shall be allowed for 12 (twelve) months. If the User has chosen recurring payment, the subscription is automatically renewed and the charge is made at the beginning of the new annual period; in the case of payment by bank transfer, the User must ensure to provide payment for the new period by the due date, otherwise, access to the Software is automatically suspended.
  9. In no event shall SEO CUBE be held liable for any fraudulent and improper use of credit and prepaid cards by third parties when paying for products purchased on the Site.
  10. For each order placed by Professionals, SEO CUBE shall issue an invoice for the order, sending it by email to the User in whose name the order was placed within 7 (seven) days after payment is made. For the details given when issuing the invoice, the information provided by the User at the time of processing the order shall prevail. No change to the invoice is possible at any time after the invoice is issued, regardless of the electronic format.
  1. CANCELLATION OF SUBSCRIPTION FOR PROFESSIONALS
  1. f the User who holds the status of Professional cancels an SEOZoom subscription during the validity period, he/she is not entitled to obtain a partial or full refund of the paid service.
  1. RIGHT OF WITHDRAWAL FOR CONSUMERS
  1. In compliance with the provisions of the Italian Consumer Code (Legislative Decree No. 206/2005), for the User who holds the quality of Consumer is provided the right to withdraw from the purchase contract for any reason within 14 days from the first subscription, without penalty and subject to the following paragraphs.
  2. In accordance with the provisions of Article 59 paragraph 1 letter a) of the Italian Consumer Code, the right of withdrawal is not applicable for contracts for the provision of services -including digital services- after the start of the provision of the service itself. The Software offers functionality a digital service usable online and the User, by accepting these T&Cs, expressly gives its consent to the commencement of the performance of the contract and acknowledges that it loses the right of withdrawal as of access to the Software.
  3. In all other cases, the right of withdrawal may be requested by the User Consumer within 14 days from the receipt of the confirmation email of the first order in the event that the User has not accessed the Software. The Consumer will have to send a Withdrawal Request to SEO CUBE’s email address indicating his/her full name, date of purchase of the plan, type of subscription, order number (if applicable). SEO CUBE will refund the User the amount already paid within 14 days of the withdrawal request, using the same payment method used by the Consumer for the initial transaction, unless the Consumer has agreed otherwise.
  1. USER RESPONSIBILITIES AND OBLIGATIONS
  1. You are responsible for any activity that occurs on your account and you expressly agree not to sell, transfer or assign your account to any third party, with the exception of persons or companies who are expressly authorized to create accounts on behalf of their employers or clients.
  2. You further represent that all information and data uploaded to the Software is independently entered, truthful, original and does not violate any third party rights, including but not limited to copyright, intellectual property rights, trademark, distinctive sign, patent or other right of any third party.
  3. The User is responsible for the safekeeping and security of the access keys, undertaking not to disclose them to third parties and to keep them with the utmost diligence and care.
  4. The User is expressly forbidden to:
    • use the Service for illegal or unauthorized purposes.
    • use the Services to send spam, or do anything else that would disable, overburden, interfere with, or prevent the proper functioning, integrity, operations, or appearance of the SEO CUBE Software and Services;
    • access or collect data from the Platform and SEO CUBE pages using automated means or attempt to access data that the User does not have permission to access.
    • Requesting, collecting or using on behalf of another User’s usernames and passwords, or misappropriating another’s login credentials;
    • sell, license or purchase data obtained from SEO CUBE or the services it uses;
    • misuse channels to report, challenge, or submit a complaint, such as by submitting fraudulent, repetitive, or unfounded reports or complaints;
    • transmitting pornographic, obscene, erotic or pedophile material, material that is offensive or contrary to public order.
  1. LICENSE OF USE OF USERS’ AUTHOR AND INTELLECTUAL PROPERTY RIGHTS
  1. The User is and remains the owner of the content and information included in the Software, as well as distinctive signs and brands (trademarks, designs, logos etc.).
  2. The User shall indemnify SEO CUBE against any claim made by third parties arising from the use and economic exploitation of the Platform unrelated to the purposes envisaged by these T&Cs and any infringement of copyrights (e.g. due to occurrence of modification or creation by the Customer of related work or for Content uploaded in violation of copyright).
  1. USER SUPPORT
  1. For technical support, issues or concerns regarding the Software, Users can contact the SEO CUBE team via livechat or email at info@seozoom.it.
  1. LEGAL GUARANTEE OF CONFORMITY
  1. In application of the principles of the legal guarantee of conformity provided by the Civil Code and the Consumer Code, SEO CUBE undertakes to ensure that the Software conforms to the descriptions provided in these T&Cs and in the pages of the Site at the time of purchase. Although the legal warranty applies primarily to physical goods, in the case of digital services, SEO CUBE ensures that the Software conforms to the advertised specifications.
  2. In the event of defects or technical failures that prevent access to the Software, the User has the right to request a timely resolution of the problem by informing SEO CUBE within 8 days of discovery. In case of a purchase by a Consumer, if the problem persists for more than 7 days within a month, he/she shall be entitled to obtain a proportional refund. In the case of a purchase by a Professional, if the problem persists for more than 15 days within a month or for more than 30 days within a year, the rules on reporting defects, the rules of the Civil Code, shall apply. In any case, the User has the burden of communicating to SEO CUBE appropriate photographic and/or videographic documentation in support from which the error or defect is clearly evident.
  3. SEO CUBE will take care to keep Users informed of available updates necessary in order to maintain compliance and suitability for use of the Software, always taking into account the circumstances and the nature of the digital service offered. Likewise, for technical reasons, SEO CUBE reserves the right to discontinue components of the Software that become obsolete and/or non-functional.
  4. If the User does not use devices, browsers, connections, etc. appropriate for the use of the Software, SEO CUBE cannot be responsible for any lack of conformity resulting from a failure on the part of the User.
  1. LIMITATION OF LIABILITY
  1. SEO CUBE in the event that in the event that it fails to execute the order within the timeframe of these T&Cs, shall not assume any liability if the non-performance or defective performance results from inefficiency due to the act of a third party, User’s fault or attributable to force majeure or fortuitous event or any other event that is not under the direct and exclusive control of the Seller (including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power failure, lack of internet connection, general strike of public and/or private workers, public holidays e.g. Christmas season, third-party managed service interruption e.g. cloud servers).
  2. In case of relationship between SEO CUBE and Professional, SEO CUBE disclaims any liability for direct and indirect damages, whether foreseeable or not, consequential and/or related to the Professional’s use of the Software. If SEO CUBE is held liable for an injury suffered by the Client and attributable solely to the use of the Software, solely for damages suffered as a result of willful misconduct or gross negligence, such liability shall be limited to the amount of the order actually paid by the Client to the Vendor.
  3. The User understands and agrees that SEO CUBE is exempt from any obligation of oversight, review, regulatory compliance with respect to the User’s data and information, as the User is the owner of the data and information entered into his/her account.
  4. SEO CUBE is in no way responsible for any damages, caused to the User or to third parties, resulting from non-compliant use of the Software.
  1. REVIEWS
  1. SEO CUBE shares reviews, collected by invitation, from Users who have actually used the Software and are identifiable by first name, last name and company role or a pseudonym of the User’s choice.
  2. The User warrants that any information, messages, text, data, made available through Reviews is original and does not violate any third party rights, e.g. copyright, intellectual property rights. The use of vulgar, obscene or inappropriate expressions is, moreover, prohibited.
  3. SEO CUBE declares that it does not, under any circumstances, perform editorial control over the Reviews and does not perform any control activity on the lawfulness, truthfulness, substantiation, accuracy, non-misleading, non-offensiveness of the Reviews. In any event, SEO CUBE reserves the right to reject and/or delete Reviews deemed unsuitable at its discretion.
  4. SEO CUBE disclaims any liability for damages, claims or losses, direct or indirect, arising to the Client or third parties from the transmission, disclosure, exchange or making available of Reviews provided by Users.
  1. APPLICABLE LAW
  1. These T&Cs shall be governed by and construed in accordance with the laws of Italy. For the Consumer only, any overriding mandatory rule prevailing in the country of habitual residence is unaffected.
  1. RESOLUTION OF DISPUTES
  1. For Consumers, pursuant to and in accordance with Article 14 of EU Regulation No. 524/2013, Consumer Customers residing in the states belonging to the European Union are hereby informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided for by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/. In compliance with the provisions of the aforementioned legislation, we also inform you that the ordinary e-mail address of SEO CUBE is indicated in the epigraph of these T&Cs.
  2. For any dispute between the Consumer and the Seller, the court in whose district the Consumer has its residence or domicile shall have jurisdiction.
  3. For Professionals, all disputes arising out of or related to this contract concluded by SEO CUBE with the Professional, including those concerning the existence, validity or termination of the contract itself, prior to any judicial phase shall be referred to the mediation body specialized in the disputes covered by this agreement “Mediatori del Digitale” di ADR INTESA S.r.l. – mediatorideldigitale.it/, in compliance with the Rules of the body in force at the time of filing the application. If the mediation attempt gives a negative result, the disputes will be subject to the exclusive jurisdiction of the Court of Naples, with express exclusion and any competing forum.
  1. DATA CONFIDENTIALITY
  1. SEO CUBE may become aware of confidential information of the User for the purpose of providing proper operation of the software and performing maintenance activities where necessary. Confidential information includes but is not limited to: websites entered, analysis performed, keywords monitored, competitors entered, returns obtained (“Confidential Information”).
  2. SEO CUBE acknowledges that Confidential Information constitutes trade secrets to Customer and will be disclosed to SEOZoom and potentially to internal development or customer care personnel solely for the reasons stated above as follows:
    • Confidential Information will be disclosed only where necessary for the performance of services to a select number of persons belonging to SEOZoom’s staff and, that is, to those who will have an actual need to be aware of it in the event of technical audits.
    • SEO CUBE and the SEOZoom staff who will become aware of it undertake to keep such information strictly confidential and not to disclose it to third parties for a period of 10 (ten) years from the date of the User’s registration.
    • SEO CUBE agrees not to use such information in competition with the User.
    • The Data Processor shall act in accordance with its obligations under the law and the appointment and shall be obliged to have any personnel who may become aware of the Confidential Information and/or the Confidential Materials sign a declaration whereby they assume the obligations of confidentiality specified in this contract.
  3. SEOZoom will use the utmost professional diligence to prevent computer intrusions and unauthorized access to third parties, within the limits and under the conditions set forth in these T&Cs.
  1. CLAUSE OF SAFETY
  1. If any provision of the T&Cs is deemed illegal, void, or for any reason unenforceable by a court of competent jurisdiction, the Parties nevertheless agree that such provision will be deemed severable from the terms of the contract and will not affect the validity and enforceability of the remaining provisions.
  1. ASSIGNMENT OF CONTRACT
  1. Either Party may assign this Contract to a third party, in whole or in part, only with the prior written consent of the other Party. If the Party consents to the assignment, the debtor Party shall not be released from its obligations pursuant to Article 1408(2) of the Italian Civil Code.
  1. APPOINTMENT OF DATA PROCESSOR

By signing this Contract, pursuant to Article 28 of the EU Regulation 2016/679 (hereinafter, for convenience, Privacy Regulation), the Client, having deemed the Supplier to be a suitable and reliable subject, appoints the same as Data Processor for the processing of Personal Data. SEO CUBE, as the Supplier, accepts this appointment at the same time as its signature, confirming its direct and thorough knowledge of the obligations undertaken with it and guaranteeing that it possesses the skills, experience and competences, including technical ones, to fill this role. The data processed by the Supplier if entered by the customer and within the limits of the platform’s functionality, may only be personal data and contact data of the interested parties (of which the customer is the owner) that does not include special data. The categories of data subjects involved may be: customers, employees or suppliers. In particular, the Supplier undertakes to process Personal Data in accordance with the following instructions and provisions:

  1. not to transfer or make it available to third parties, partially or totally, temporarily or permanently;
  2. process them in an appropriate, relevant manner and in accordance with the principle of data minimization, as well as in a lawful, correct and transparent manner, in accordance with the provisions of current legislation on the processing of personal data;
  3. guarantee their confidentiality, integrity and availability, including the profile related to security as governed by Article 32 of the Italian Privacy Regulations, excluding the Supplier’s responsibility for the content of the Databases and Personal Data and their use by the Client;
  4. ensuring adequate protection of the rights of the data subject, supporting the Client in order to fulfill its obligation to follow up on requests from data subjects to exercise their rights;
  5. making use of its organizational structure, identifying and designating the persons authorized to carry out processing operations of the Customer’s Personal Data and Databases, identifying at the same time their authorization scope, providing due instructions on the processing methods and providing the relevant training;
  6. ensuring that the authorized persons have been informed in advance of the confidential nature of the Personal Data and Database and, accordingly, have signed appropriate confidentiality agreements;
  7. in accordance with the provisions of the Data Protection Authority’s order of November 27, 2008 on system admins; by virtue of the general authorization conferred by the Customer with this Agreement, make use of its own sub-authorized persons appointed in writing (Attachment 1), where applicable, imposing on them, by means of a contract or other legal act, the same obligations regarding data protection as contained in this Agreement, providing in particular sufficient guarantees of the implementation of appropriate technical and organizational measures to meet the requirements of the Privacy Regulations;
  8. perform any transfer of Personal Data and Databases outside the EU and to countries that provide an adequate level of protection in accordance with Chapter V of EU Regulation 2016/679;
  9. ensure a level of security appropriate to the risk, adopting adequate technical and organizational security measures in line with the provisions of the Privacy Regulation;
  10. establish and maintain the register of processing activities in accordance with Article 30 of the Italian Privacy Regulations;
  11. in the case of addition or substitution of sub-processors, undertakes to inform the data controller 30 days prior to said change, addition or substitution in order to give the data controller the opportunity to object to said changes within the following 15 days;
  12. for the aspects within its competence, provide technical support to the Client with respect to the obligations inherent to: (i) security of processing, (ii) notification of a personal data breach to the supervisory authority pursuant to Article 33 of the EU Regulation 2016/679 (iii) notification of a personal data breach to the data subject pursuant to Article 34 of the Italian Privacy Regulation, (iv) data protection impact assessment pursuant to Article 35 of the Italian Privacy Regulation, (v) prior consultation pursuant to Article 36 of the Italian Privacy Regulation;
  13. in the event of an accidental or unlawful breach of the Customer’s Databases, resulting in the destruction, loss, modification, unauthorized disclosure of or access to the Personal Data transmitted, stored or otherwise processed, proceed to: (i) inform the Customer, without undue delay, and in any event within 48 (forty-eight) hours of the knowledge, by e-mail to the Customer’s e-mail address; (ii) provide the Customer with appropriate information about the nature of the breach, the categories and approximate number of data and data subjects involved, as well as the likely consequences of the breach and the measures taken or proposed to be taken to remedy the breach or mitigate its prejudicial effects; (iii) if it is not possible to provide the aforementioned specific information within the prescribed time limit, indicate to the Customer the reasons for the delay, while still providing initial information referring to the breach detected and useful to the Customer for the purposes of the relevant notification.
  14. should it find that an instruction given by the Client violates applicable legal provisions, promptly notify the Client;
  15. take measures to prevent unauthorized physical access, damage and interference to the Personal Data processed in the performance of its assignment, as well as adequate and secure operation of data processing facilities, through the adoption of physical and environmental security measures in addition to appropriate protection tools against malware and data loss;
  16. adopt procedures to regularly test, verify and evaluate the effectiveness of technical and organizational measures to ensure the security of processing. The Supplier’s designation as data processor shall be for a term equal to the duration of this Contract and shall be deemed revoked upon termination of this Contract, for whatever cause this may occur, and the Customer’s Personal Data, as well as any copies thereof held by the Supplier, shall be permanently deleted from the Supplier’s information system.
   
   

In accordance with and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares that he/she has carefully read the contract and expressly approves the following clauses:

  • Art. 2 (conditions of use);
  • Art. 10 (limitation of the right of withdrawal);
  • Art. 12 (indemnification for infringement of copyright and intellectual property rights);
  • Art. 15 (limitation of liability);
  • Art. 18 lett. c (jurisdiction for the Professional).
   
   

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