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INFORMATIVE FOR THE SENSES ART. 13 OF THE EUROPEAN REGULATION No 679/2016 ON THE PROTECTION OF PERSONAL DATA

The protection of your personal information is very important to us. The collected personal data are processed according to and with the effect of art. 5 of EU Regulation 679/2016 in a lawful, correct and transparent manner to the interested party and in accordance with the principles of accuracy, adequacy, confidentiality and protection set out in the Regulation. The European Regulation No. 679/2016 (GDPR), which is in force in all Member States, recognizes each person to recognize the protection of their personal data as an expression of respect for human dignity and the fundamental rights and freedoms of the person. Therefore, we provide the following information in accordance with applicable European and internal standards.

Personal data subject to processing

Voluntarily, voluntarily and voluntarily sending e-mails to the addresses provided on this website and / or completing the data collection form involves subsequently obtaining the sender’s e-mail address required to respond to inquiries, and all other personal data inserted.

Purpose, legal basis and mandatory or optional nature of the processing

The purposes of the processing for which your data is intended are as follows:

• navigation on this website;
• possible compilation of a data entry form for requests for quotation and / or contacts and / or submission of applications;
• fulfillment of rules and legal obligations to which the data controller is subject.

Please note that in consideration of the purposes of the treatment described above, providing your personal information is mandatory. Your potential failure, partial or incorrect mediation and / or the possible express refusal of treatment will render it impossible for the owner to provide the service you request. Any processing of your data for purposes other than those mentioned above requires special approval and is not binding for the performance of the contract in question.

Data controller

The data controller is: feelming s.r.l., located in Viale Murillo, 5 – 20149 Milan (MI), Tax Identification Number and VAT Identification Number 10049140964

Recipient of personal data

Your data will be communicated to our internal administrative staff specifically appointed and to our external staff designated as Data Processors for this purpose in accordance with Article 31. 28 and following of EU Regulation No. 679/2016 GDPR, whose list is available in our office. The data may be shared with third parties belonging to the following categories:

• subjects providing services for the management of the information system used by the data controller and the telecommunications networks;
• studies or companies in the field of care and consulting relationships;
• competent authorities for compliance with legal obligations and / or regulations of public authorities on request.

Data transmission

Personal data is stored on servers in the European Union. In any case, it goes without saying that the data controller has the right to move servers outside the EU. In this case, the Data Protection Officer hereby ensures that the transmission of non-EU data takes place in accordance with the applicable legal provisions, subject to the definition of the standard contractual clauses provided by the European Commission.

Methods for processing and storing data

The processing and storage of data is done using computer and / or paper resources to provide access to your personal information in our possession, using the most appropriate means of ensuring integrity, updating, security and confidentiality, as well as protection against unauthorized and / or unlawful processing and against loss, destruction or accidental damage. Subject to communication in accordance with legal obligations, the data may be disclosed to third parties performing certain tasks for the undersigned, subject to their express obligation to protect your personal information in accordance with the provisions of this information and the rules on the data processor the art. 28 and following of EU Regulation 679/2016 GDPR and the applicable laws.

Duration of treatment

Processing is carried out in an automated and manual manner with methods and tools to ensure the highest level of security and confidentiality, by persons specifically appointed to comply with the provisions of the articles 13-14 of the GDPR. The data is stored for a period of time that does not exceed the purposes for which the data was collected and subsequently processed.

Rights of the interested party

By a written request, you can at any time invoke all the rights recognized by applicable European and internal legislation, in particular by Articles 13, 14, 15 to 22 and 34 of the European Regulation and by the legislation in force against the above data controller Legislation, in particular:

• the right to confirm the existence or non-confirmation of data concerning you, even if they are not yet registered, and their communication in an intelligible form;
• the right of free access and / or a copy of your personal data processed, including all aspects relevant to the treatment under Reg. Eu.;
• the right to obtain, free of charge, the updating, the correction of incorrect data, the restriction of processing or, in the interest of data integration
• the right to object, in whole or in part, to the processing of personal data concerning you, even if it is legitimate for collection, or, if necessary, revoke your consent in whole or in part;
• the right to be transferred, in a structured format of general use, personal data relating to you that are transmitted without hindrance to another holder;
• the right to file a complaint with a supervisory authority (guarantor for the protection of personal data, www.garanteprivacy.it) or the judicial authority;

The full list of the data subject’s rights is available at the office of the Data Protection Officer. You can exercise your rights at any time by sending a written request (registered or e-mail) to the Privacy Officer.

GENERAL INFORMATIONS

These terms and conditions of use (hereinafter, “Terms of use”) govern the supply and use of a service through a mobile and web application, offered by the company Foosoft Srl, with registered office in Milan, via Antonio Tolomeo Trivulzio, 30 – 20154, CF and P.I. P. IVA 06403410969 (hereinafter the “Company”), which allows all those who will download the FEELMATIC application (the “Users”, as defined below) to be able to make videos, publish them and share them, all as better described in the following art. 5.3. All the technical specifications of the Application, its specific operation and the answers to the most frequently asked questions can be examined at the following link: www.feelmatic.com

INTRODUCTION

Thank you for choosing Feelmatic.

Age requirements: Feelmatic can be legitimately used in compliance with the rules set out in these Terms and Conditions of Use for individuals who are at least 14 years old.

1. Definitions

Where later named the terms below have the following meaning:

a) Application: software application (called “Feelmatic”) free for Smartphone and accessible via web browser designed and created by the Company that allows the use of the Service;

b) Activation: operation performed by the User who activates both the Free and Paid version of the Service;

c) Contract: the agreement between the Company and the User for the use of the Service in the paid or free version;

d) Fee: the amount the User is required to pay to the Company for the use of the Service based on the signed Version;

e) Store: websites (by way of example: such as Google Play or App Store), through which the User can download the Application;

f) Panel: the area for activating and using the features of the Service;

g) Registration: operation carried out by the User which consists of entering his own identification data, following the download of the Application, necessary to use the Service;

h) Service: the set of services that the User can use through the Application, as regulated in these Terms of Use;

i) User: means the natural and / or legal person who downloads the Application, registers with the same and can evaluate to sign the Contract with the Company to take advantage of the Paid Version;

j) Free Version: functionality of the free Service;

k) Paid version: functionality of the Service, linked to the Contract between the Company and the User, with a distinction between the various subscription plans described in the page https://www.feelmatic.com/pricing;

l) Trial period: the users of the Paid version will be able, once, to take part in a “trial” period to which the same conditions will apply as in these Terms and Conditions of use;

m) Site: the Company’s website available on page www.feelming.com.

2. Finalization of the Contract

2.1. The Contract is finalized when the User registers and subscribes to any available version.

3. Applicability of the Terms of Use

3.1. The User is required to carefully examine these Terms of Use before starting to use the Service, it being understood that the use of the same implies the total and absolute knowledge of the Terms of Use and their full acceptance.

3.2. The User therefore undertakes to observe in its relations with the Company and with third parties, and in the use of the Service, the Terms of Use and also acknowledges that the Company does not consider itself bound by conditions other than the present if not preventively agreed in writing.

4. Service fee – Method of payment

4.1. The Services connected to the Free Version have no cost for the User.

4.2. Paid services are provided to the User upon payment of the Fee through the Site, with the amounts indicated at the following link: www.feelmatic.com/pricing.

5. Registration, conditions and technical requirements for the use of the Service and its functionalities

5.1. The mobile Application can be downloaded through the Website or through the Stores, in full compliance with the methods, tools and technologies provided by the aforementioned platforms.

5.2. In order to access the Application and therefore the Service, you must first register on the Site or directly on the Application for iOS and Android verification, with attribution of user name and personal password, or via Facebook Connect or Google sign-in or any other systems that will be adopted.

5.3 The Service consists mainly of the functionalities – different between the various paid subscription plans – listed at the following link: 

www.feelmati.com/pricing.

5.4 For a correct and complete use of the Service and all its features, as described in the link indicated in the previous art. 5.3, the User must include in the Application all the information that will be requested during the first use of the Application.

6. Obligations and limitations of liability of the Company

6.1. The obligations and responsibilities of the Company towards the User are those defined by these Terms of use therefore in any case of damage suffered due to the use of the Service, the Company will respond within the limits provided by these provisions, remaining expressly excluded, now for then, any other indemnity or compensation to the User for direct or indirect damages of any kind and species.

6.2 Feelming s.r.l. it is not a publishing company. Feelming s.r.l. does not contribute in any way to the selection, organization and / or management of the contents. Consequently Feelming s.r.l. does not claim ownership of the content produced by the User through the use of the Feelmatic application. Likewise Feelming s.r.l. cannot in any way be responsible for any damage connected to the aforementioned contents. By accepting these terms and conditions of use, the User expressly releases Feelming s.r.l. from any liability arising from and / or connected to and / or in any way attributable to the content created by the User.

6.3 Feelming s.r.l., assumes no responsibility for partial or total loss of content produced or published by the user. For the purposes of storing and storing content, it will use certified third party systems (LINK). The User indemnifies Feelming from any liability for any partial or total loss of content. The User also agrees that in the event of total or partial loss of the contents, the only person responsible will be the company responsible for archiving and for this purpose waives from now on any claim or request for compensation against Feelming s.r.l.

6.4. The Company will respond exclusively within the limits of the Fee, except in cases of willful misconduct or gross negligence, judicially established.

6.5 The Company does not assume, under any circumstances, any responsibility for the information, data, content entered or transmitted and, in any case, processed by the User and in general for the use made of the Service by the User and reserves the right to to adopt any initiative and action to protect their rights and interests.

7. Minimum Service Levels

7.1. The Company reserves the right to suspend the provision of the Service to proceed with technical interventions aimed at improving the operation of the Application.

8. User Obligations and Rights

8.1. The User has the right to use the Service in accordance with the minimum service levels referred to in the previous art. 7 and takes note of having the right only and exclusively to the compensation referred to in Art. 6.2 for cases of non-compliance with the same, excluding any other compensation or compensation for direct or indirect damages of any kind and species.

8.2 The User acknowledges that the Company does not guarantee that the product is immune from errors and / or malfunctions (“bugs”) and, therefore, the user renounces any claim and / or action against of the Company for damages caused by malfunctions not due to intent or gross negligence.

8.3. The User guarantees that the data and information communicated to the Company for the purposes of concluding the Contract are true, correct, and such as to allow its identification. The Company reserves the right to verify such data and / or information also requesting additional documents that the User undertakes, now for then, to transmit.

8.4. The User undertakes to use the Service exclusively for lawful purposes and admitted by the Terms of use and by the provisions of the law applicable from time to time, by the uses and customs, by the rules of diligence and in any case, without prejudice to any right of third parties, assuming all responsibility in this regard and holding the Company free from any request made by third parties. The User declares to be the sole and exclusive administrator of the Service and as such declares to be solely responsible for the management of data and / or information and / or content processed by him, their security and their saving ; (ii) the content of the information and data accessible or made available in the Service and in any case, for any reason, transmitted by the User; (iii) the malfunctions of the Service for any use that does not comply with the Terms of Use.

8.5. The User also undertakes to promptly inform the Company of any unauthorized use of his “User profile” or any other breach of security, in order for the Company to deactivate / suspend the Service.

8.6. The User undertakes to keep the Company harmless and harmless from any and all requests or claims by third parties for damage to them caused by or through the use that the User has made of the Service. The User shall bear all costs, compensation for damages and charges, including any legal fees, which may arise from such liability actions and undertakes to immediately inform the Company if such action should be brought against him.

9. Assistance

9.1. The User is in any case required to promptly notify the Company of any irregularities or malfunctions he has detected in the Service and, more generally, in the use of the Application. The Company will make every reasonable effort to deal with the problems communicated by the User and to remedy them.

10. Duration of the Contract

10.1 The provision of the Service for the paid version has a minimum duration of 30 days starting from the purchase of the Service through the site.

10.2 In the event of failure by the User to cancel. in the ways and in the forms of which to the present conditions of use, received at least 24 hours before the expiration of the period of which to the previous point 10.1, the Service will be renewed for further 30 days and so to follow for the further periods of 30 days.

11. Suspension of the Service

11.1 Without prejudice to the application of the following art. 12, the Company, at its discretion and without the exercise of this faculty being challenged as a default (even partial) or breach of the Contract, reserves the right to suspend the Service and / or use of the Application, also without prior notice if:

a) the User defaults or violates even one of the provisions contained in the Terms of Use;

b) there are reasonable grounds for believing that the Service is used by unauthorized third parties;

c) there are cases of major force or circumstances which, at the Company’s unquestionable judgment, require the execution of emergency interventions or those related to the resolution of safety problems, a danger for the entire network and / or for people or things; in this case, the Service will be restored when the Company, at its discretion, has assessed that the causes that had caused the suspension / interruption have been effectively removed or eliminated;

d) the User is involved, in any capacity, in any judicial or even out-of-court dispute of a civil, criminal or administrative nature and in any case in the case in which said dispute relates to acts and behaviors implemented through the Service;

e) the suspension is requested by the Judicial Authority.

In any case of suspension of the Service attributable to the User, the Company’s action for compensation for damages remains unaffected.

12. Withdrawals

12.1 In compliance with the provisions of Legislative Decree 206/2005 (“Consumer Code”) the User, if he falls back within the definition of “consumer” ex. art. 3 of the Consumer Code, has the possibility to withdraw from the Contract, without specifying the reason and without penalty, but without any right to return the amount paid for 30 days of service, sending, within this period, under penalty of forfeiture, a declaration explicit by registered letter with return receipt to Feelming SpA, with registered office in Milan, via B. Cellini 2 / B – 20129, or to the e-mail address indicated in these Terms and Conditions of Use.

12.2 The User must wait for a communication from the Company confirming the withdrawal.

13. Express termination clause – Termination due to default – Termination conditions

13.1 Without prejudice to what is provided elsewhere, the Contract will be considered terminated with immediate effect, if the User:

a) violates the obligations set out in Article 8.2., 8.3., 8.4., 8.5. of the Terms of Use; or,

b) using the Service, perform any illegal activity contrary to public order and morality.

13.2 In the event of non-fulfillment of the obligations established by the Contract, the Company reserves the right to send the User, at any time, pursuant to and for the purposes of art. 1454 cod. civ., an invitation to fulfill within 7 (seven) days from receipt of the relative message sent by the Company.

13.3 Without prejudice to the provisions of the previous paragraphs 13.1. and 13.2., the Contract is automatically terminated without the Company having to send any communication to the User if these, at the expiry of the period purchased for the payment version, do not provide for the payment of the new Renewal Fee.

13.4 Starting from the termination of the Contract in the cases provided for in this article, the Paid version is deactivated.

13.5 Remains subject to the right of Feelming to act for the reimbursement of all damages connected with the conduct that led to the termination of the contract.

14. Deactivation of the service – Cancellation of contents

14.1 In case of deactivation of the service, whether due to termination or withdrawal for all the cases expressly provided for in this agreement and in general for all cases of termination of the contractual relationship, the user will have 24 hours to download and remove your own content.

14.2 The user, in case of definitive deactivation of the service, irrevocably confers to Feelming s.r.l. the right to cancel the contents with express renunciation of any claim and / or request for compensation for damages connected and / or deriving from the elimination of the contents themselves.

When the user deletes his own content, it will no longer be visible to other users; however, they could continue to exist in other spaces within the Feelming systems in the event that:

immediate elimination is not possible due to technical limitations;

user content has been used by other users in compliance with this license and has not been deleted (in which case, this license will continue to be applied until the contents are deleted); or

in cases where immediate elimination would limit Feelming’s ability to:

identify or investigate illegal activities or violations of Feelming’s conditions and regulations;

comply with an obligation established by law, such as the storage of evidence;

comply with a request from judicial or administrative authorities, law enforcement agencies or government agencies.

In these cases, the contents will be kept for a period not exceeding what is necessary in relation to the purposes for which they were stored (the exact duration will vary according to the situation).

15. Changes to the Contract

15.1 Feelming constantly works to optimize its services and to develop new functions in order to improve its service. The User acknowledges and agrees that the Service and, in general, the Application, are characterized by constantly evolving technology, also for these reasons the Company reserves the right to modify the technical and economic characteristics of the Service, of the tools to it correlates and to change the Terms of Use at any time, without this giving rise to obligations of any kind for the Company.

15.2 If the Company makes technical-economic changes that are worse or worse in performance and / or economic terms or changes the Terms of Use in any part, these changes will be communicated to the User by e-mail. The aforementioned changes will take effect 10 (ten) days from the date of their communication. In the same term, the User (whether he is a natural or legal person) may exercise the right to withdraw from the Contract by written notice to be sent in the manner and timing provided for in the previous Article 12. In the absence of exercise of the right of withdrawal by the User, in the terms and in the manner indicated above, the changes will be considered definitively known and accepted by them. Without prejudice to the above, the Company may change the technical characteristics, the systems, the resources as a result of the normal technological evolution of the hardware and software components, guaranteeing the User the same functionalities.

16. Individual property rights and prohibition of resale

16.1 The User is required to use the Service and the Application in respect of the intellectual and / or industrial property and rights of the Company and of the third parties used by the Company to provide the Service. The rights to trademarks, software, text, content, images and any other intellectual property rights are the exclusive property of the Company and / or its licensors, therefore the User does not acquire any right or title in this regard and is bound to use of the same only during the term of the Contract.

16.2 Unless otherwise agreed with the Company, the User is expressly prohibited from marketing the Service or Application as an agent or dealer or concessionaire or distributor or licensee of the Company or in any other capacity and, in any case, to market the User Code and the Service.

17. Final provisions

17.1 In no case violations, defaults and / or conduct of the User other than the Terms of Use can be considered as exceptions to the same or tacitly accepted, even if not contested by the Company. The possible inaction of the Company in exercising or enforcing any right or clause of the Contract does not constitute a waiver of these rights or clauses.

17.2 Any ineffectiveness and / or total or partial invalidity of one or more clauses of the Contract will not result in the invalidity of the others, which must be considered fully valid and effective according to the principles of interpretation of the contract provided for by the Civil Code.

17.3 For all matters not expressly provided for in the Contract, the parties expressly defer, to the extent that this is possible, the laws in force.

17.4 Any complaints regarding the use of the Application or the provision of the Service must be addressed to the Company pursuant to art. 12 no later than 7 days from the moment in which the fact object of complaint occurs. The Company will examine the complaint and provide a written reply. In the case of complaints due to particularly complex facts, which do not allow for an exhaustive answer in the terms set out above, the Company will inform the User within the aforementioned terms of the progress of the case.

17.5 The User undertakes not to transfer the Contract to third parties.

18. Privacy

18.1 Any provision concerning the privacy of the User, complying with the directives of the EU Regulation 2016/679 (GDPR), can be found at the following link: www.feelmatic.com.

19. Processing of personal data

19.1 With reference to the processing by the Company of the personal data of third parties for which the User is the data controller and entered by the latter or in any case processed in the execution of the Contract, pursuant to the General Regulations for the Protection of Personal Data n. 619/2016 (“GDPR”), the Parties acknowledge and agree to comply with what is reported in the information (privacy policy) available on the website www.feelmatic.com.

19.2 The personal data of the User, or of the User’s staff and collected and processed by the Company for purposes and in its own way, and for the treatment of which the Company is the owner pursuant to the GDPR, will be processed by the Company in compliance with the contents of the ‘information (privacy policy) available on the website www.feelmatic.com, pursuant to articles 13 and 14 of the GDPR.

20. Applicable law

20.1 The Contract is governed exclusively by Italian law.

20.2 Without prejudice to the hypothesis of application of the Consumer Code, the user accepts that the complaint will be resolved by a competent Italian Court and that the Italian law will govern these Conditions and any complaints, regardless of conflicts in the provisions of the law.

In the event of disputes in any way related to these Terms of Use, to the interpretation and application of the same, the Court of Milan will have jurisdiction.

Contracting Party

Feelming s.r.l.

Viale Murillo 5, 20149 Milano, Italy