General Terms and conditions for the use of the website Simol s.p.a
- Legal Notice.
- 1. SUBJECT-MATTER.
- 2. MANDATORY GENERAL INFORMATION.
- 3. REGISTRATION. USE OF THE INFORMATION AND CONTENTS. GUARANTEE AND LIABILITY.
- 4. LINKING
- 5. INTELLECTUAL AND INDUSTRIAL PROPERTY.
- 6. PROCESSING OF PERSONAL DATA ON THE SITE. INFORMATION NOTICE IN ACCORDANCE WITH ART. 13 OF THE LEGISLATIVE DECREE 30 JUNE 2003 N. 196 (CODE OF PRIVACY).
- 7. GHANGES, APPLICABLE LAWS AND JURISDICTION.
- 8. MISCELLANEOUS
Please read the following terms and conditions before using the following website.
The navigation and the use of the website is accessible through URL www.simol.com (hereinafter the "Site") implies the full acceptance of these general terms and conditions of use of the Site and other special conditions and legal notices published in the designated pages and sections of the Site (hereinafter, overall, the "General Terms") for the use and fruition of individual services and/or contents and/or materials of any type (hereinafter "Contents"). The user acknowledges to have read and agrees to these Terms and Conditions of use and/or any other note, legal notice, statement or disclaimer published anywhere on the Site
Obligations and guarantees hereunder specified are lent by the user both independently as well as in fact of any third party linked to him and that is authorized by him to use the Site.
The definition of “Site” also includes the on line presence of the company Simol S.p.A. on any social network (actually: Facebook, You Tube and Twitter) where Simol S.p.A. eventually manage any kind of activity and/or relationship with users on line. As a consequence, the user acknowledges and accepts – within the limits of applicability of these General Terms and Conditions – to comply with e to be bound by these General Terms and Conditions (in addition to eventual Guidelines, Regulations, etc as may be imposed from time to time by the social networks’ holders concerned) even in the cases when the user browses other web sites and/or networks anyhow imputable to Simol S.p.A.
The use of the Site and the ability to access Contents and services are subject to the acceptance of these General Conditions. If you do not intend to accept these General Conditions we ask that you do not use the Site and do not download any material from it. The use and/or navigation within the Site shall be construed as tacit acceptance of these General Conditions.
Access to certain Contents of the Site may result in user acceptance of additional terms and conditions of use and, as appropriate, may replace, supplement and/or modify these General Conditions.
Under Article 7 of Legislative Decree April 9, 2003, n. 70 and Art. 2250 of the Italian Civil Code the following general information are mandatory.
The Site is owned by the company Simol S.p.A. – legal seat in Via Fiocchetti n.14 - CAP 42045 Codisotto di Luzzara (Reggio Emilia) Italy – Tax Code and VAT number 00274570357 - di RE 00274570357 - REA 122115 - Fully paid stock capital: € 289.152,00.
The contact details allowing the user to quickly contact Simol S.p.A. and communicate directly and effectively with the same, including e-mail address are:
Tel. +39 0522 976707/976728
Fax +39 0522 976821
Users who wish to use some of the services offered on the Site should proceed to registration, or provide personal information to Simol S.p.A. Anyone wishing to register is obliged to ensure that the personal data provided is correct and up to date, assuming all responsibility for the correctness and veracity of the information provided. In the event of changes in the data provided by the users, it will be the responsibility of the latter to inform Simol S.p.A. of updates as soon as possible. In the event during registration a user indicates third party information, he ensures to have previously complied with all of the requirements provided by the applicable data protection laws.
The information and contents available on this Site are accessible free of charge, unless otherwise specified. The information and contents available on this Site are of a purely informative nature, unless otherwise and specifically established (e.g. commercial offers, discounts, promotions etc.), do not constitute a contract nor an offer to the public under art. 1336 of the Civil Code of products and/or services described nor can be considered binding for negotiation or commercial relation.
To the extent provided by the applicable laws and unless otherwise specified on the basis of generally accepted business practices, users acknowledge that the use of the Site is at one’s own risk. The Site is provided "as is" and on a "as available" basis. Simol S.p.A. does not offer any guarantees regarding the expected results, desired or obtained through the use of the Site.
To the extent permitted by Article 1229 of the Civil Code, users declare and guarantee to maintain indemnified and hold harmless Simol S.p.A., its representatives, employees, collaborators, associates and its partners from any claims for damages, including legal fees, that may arise against them in connection with use of the Site. Where the applicable legislation does not allow exemption from liability, liability for Simol S.p.A. will in any case be limited to the extent of the law.
Simol S.p.A. is not responsible for user's claims of inability to use the Site and/or Contents for any reason. Simol S.p.A. cannot be held liable for damages, claims or losses, direct or indirect, arising to users by malfunction and/or failure of electronic equipment of such users or third parties, including Internet Service Providers, telephone and/or computer links not directly managed by Simol S.p.A. or of persons where Simol should respond to, as well as actions by other users or other persons having access to the network.
Simol S.p.A. reserves the right to disconnect at any time, temporarily or permanently, the Contents (or any part thereof). The user acknowledges that Simol S.p.A. will in no way be liable toward users or third parties for the suspension or interruption of its Contents, save for specific, different and possibly additional contractual commitments entered into, with the users.
Any information (text or graphics) in relation to the goods and/or services offered on the Site which come directly from suppliers of Simol S.p.A. will not result in any liability to the same, taken the individual provider’s own responsibility of exclusive information specifications and descriptions herein provided. Consequently, Simol S.p.A. does not assume any responsibility for inaccuracies, graphical errors explicit or implicit warranty on the information, the Contents and the software, marketability and suitability for the particular purpose of information, goods and services offered or communicated by suppliers on the Site, while stating that, upon request and within the limits of the law, will provide the names, addresses and any other data necessary to identify the supplier and/or producer of goods and services offered.
The user agrees to use the Site and it’s Contents diligently, correctly and lawfully and, in particular, for the purposes only by way of example and not limited, you agree to refrain from:
a) Lany misuse of the Site in violation of law, these General Conditions and all other information published on this site, or contrary to morality and code of ethics;
b) from any action that may affect the rights and interests of Simol S.p.A. and/or third parties, including intellectual or industrial property rights, or damage, impair or impede in any form the normal use of the Site, or computer media documents, files and content of each class of stored in it;
c) reproducing, copying, transforming, distribute, disclose or make available in any other form to other sites or to the public any material and/or information contained in the Site, unless such action is expressly authorized by Simol S.p.A.
The user agrees that any information or materials supplied by the same to Simol S.p.A. by email or other means of communication will not be considered as confidential. By providing any such information or materials to Simol S.p.A., the user fully assigns and transfers, free of charge to Simol S.p.A., all intellectual property rights pertaining to such information and materials (except in cases of previous privative, and the application of the regulations on the protection of know-how set forth in the Legislative Decree 30/2005 and those generally applicable to protection of trade secrets and business); expressly provided herein, Simol S.p.A. is thereby free to use, reproduce, transmit, distribute, modify assign, and license such information and materials. Subject to the limitations described above, Simol S.p.A. will be free to use any ideas, concepts, know-how or techniques contained in such information and materials for any purpose, including, developing, manufacturing and marketing products using such information and materials.
Simol S.p.A. disclaims any responsibility for information (text or graphics), documents or materials placed by users in the Site while using a particular Content.
The user agrees not to use the Contents or any other services or functionality of the Site to: a. upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, obscene, damaging, of another's privacy, racially marked, ethnically or otherwise objectionable; b. prejudicing in any way, anyone under age c. impersonating any person or entity, for example, as a representative of Simol S.p.A., or otherwise lie about their relationship with others; d. forge headers or otherwise manipulate significant marks or references in order to forge the origin of a content transmitted through any type of function available on the site, e. upload, post, email or otherwise transmit any content that does not have the right to be transmitted or spread under a provision of law, a contractual or fiduciary relationships (such as inside information, confidential information acquired by the virtue of an employment relationship or protected by a confidentiality agreement); f. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights and/or intellectual property rights of third parties; g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," chain letters, pyramid schemes, or any other form of unauthorized or unsolicited materials h. upload, post or otherwise transmit any material that contains viruses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of third parties; i. disrupt the normal flow of communication, or otherwise act in a manner that negatively affects the ability of users to use the Site; j. interfere with or disrupt the Contents and/or servers connected to the Contents; k. violate, intentionally or unintentionally, any applicable laws or regulations; l. stalk or otherwise harass third parties; collect or store personal data of other users.
In any case, is expressly understood that Simol S.p.A., at the request of the competent authorities will act promptly to remove such contents immediately, in consistency with the technical times required for this operation and will terminate authorization to access the Site for the user responsible.
Simol S.p.A. reserves the right to take appropriate action against users who do not act in full compliance in particular with reference to the provisions of this paragraph.
The Site may offers links to other web sites or other Internet resources. The user acknowledges and agrees that Simol S.p.A. is not liable or responsible for the operation of such external sites or resources.
Hyperlinks cannot be created without the prior written consent of Simol S.p.A.. In any case, the creation of such links, even if authorized, will not give rise to any liability to Simol S.p.A., provided that the same reserves the right to request at any time the removal of such links.
Simol S.p.A. is not required to review, and does not control the content of said web sites and accepts no responsibility for the content and/or material, including advertising, on such sites or resources or for products or services offered. Except where otherwise provided, such products or services cannot be considered sponsored, shared or supported by Simol S.p.A., and therefore the user assumes all responsibility for use and purchases of services or products which may be made.
The Site and all its Contents are the sole property of and reserved by Simol S.p.A., and/or its licensors or assigns and/or third parties where indicated, and are protected by applicable national and international laws protecting the intellectual or industrial property rights.
With the term "Site" - for the purposes of the applicability of the provisions of this paragraph - Simol S.p.A. means any content and computer-based technical element of the Site, including, by way of example but not limited to, the software that allow the operating and related codes, electronic databases, texts, photographs, press reviews, animations, audio and video files regardless of format, reproductions of trademarks, logos, trade names of products and/or services, etc. the technical solutions adopted, the graphic design, structure and any other part already made or to be made.
With the term "Intellectual and Industrial Property Rights" relating to the Simol S.p.A. means all the rights recognized and protected by applicable national and international laws, including - by way of example but not limited to with respect to all countries of the world and without any limit - any claims arising from patents (including the right of filing the application), present or future copyright, trade marks and/or service (whether registered or used by Simol S.p.A.), brands, commercial trade names, companies, know-how, domain names, databases and all relative applications.
With the term "Materials" Simol S.p.A. means all the Contents of the Site and other content such as - by way of example - texts, images, graphic design, files, software of all kinds, audio, video, virtual animation, multimedia and/or hyperlinks, regardless of formats, from media that have extension (for example but not limited to: mp3, wav, mpeg, gif, doc, etc.), the size, the version in use, from techniques used for their distribution and/or transmission.
The Materials published on the Site may be used under the following conditions:
a) the use must be preceded by a written request for authorization to be sent to Simol S.p.A., which will not unreasonably deny such use, as appropriate;
b) the materials will remain in their original format and, if reproduced, must always bear the signs of its proprietary Simol S.p.A. and/or any third party or relating to copyright or authors;
c) the use, for any reason and for any purpose must be for non-profit;
d) the source must be credited, the author and/or rights of the Materials and the web address from which they were taken;
e) use in any way and for any reason of materials represented by legal texts (e.g. information, contract terms, etc.) published on-line is prohibited. Any violation will be prosecuted according to law;
The reproduction and use of articles and information materials contained in specific sections – where available - must comply with the provisions of Articles 65 and 101 of the Law April 22, 1941, N. 633 and subsequent amendments and additions, which include: (art. 65) "articles of current economic, political or religious nature, published in magazines or in newspapers or broadcasted or made available to the public, and other materials of the same nature may be freely reproduced or disclosed to the public in other magazines or newspapers, even radio and television, if the reproduction or use is not expressly reserved, provided that you indicate the source from which they are taken, the date and the name of the author, if they reported "; (art. 101) "the duplication of information and news is lawful unless it is done with in the use of contrary acts to honest practices of journalism and provided that the source is indicated”.
All rights to the electronic databases available on the present Site is restricted to Simol S.p.A., which allows mere consultation. It is 'prohibited, unless otherwise provided for, the extraction, reproduction and any other uses, to the extent provided in Article 64 quinquies and 64-sexies of the Law April 22, 1941, n. 633 and subsequent amendments and additions. On this point, it is reminded that under Article 102-ter of the Law, the legitimate user of the electronic database available to the general public may not cause prejudice to the holder of copyright or to a related right in connection to other works or subject matter contained in the database. In addition, the legitimate user of a database which is made available to the public may not perform acts which conflict with normal exploitation of that database or perform acts that may cause the maker of the database unjustified prejudice.
For any questions concerning the use of the Materials, Content available on the Site and/or on the regime of Intellectual and Industrial Property Rights, you can contact Simol S.p.A.at the following e-mail: firstname.lastname@example.org.
The Materials published on the Site were examined closely, and were processed with the utmost care. In any case, errors, inaccuracies and omissions may occur. Simol S.p.A. cannot be held responsible - with reference to materials freely available on the site - for errors and omissions nor for any reliance that you make about the Materials.
Unless otherwise stated, the information contained in the Materials are for information or updates purposes only and not of an exhaustive nature, nor can they be understood as an expression of an opinion or a statement or assumption in order to make decisions. Simol S.p.A. cannot be held liable for any act or omission the used by the users following the use of the information contained in the Materials without having preemptively requested to Simol S.p.A. a specific study or opinion.
Under Article 13 of Legislative Decree n. 196 of 30 June 2003, the "Code on Personal Data Protection" (hereinafter "Code"), Simol S.p.A. informs that the data relating to users of which it will come to its attention in relation to the General Conditions, or according to specific conditions or in any part of the processing provided by reports, contracts, commercial orders will be with processed in accordance with the Code and in accordance with principles of fairness, lawfulness, transparency and protection of confidentiality.
The data will be processed for the following purposes:
A) to allow users to access the registration procedures to particular sections of the Site;
B) for purposes connected with, relating to and/or instrumental to the establishment and enforcement of contractual obligations (including the requirements of after-sales warranty, service and the likes) or to fulfill, before the execution of an order , the specific users requirements;
C) for advertising and marketing material/information on products and/or services.
The data may be updated periodically with information acquired throughout the relationship (payment patterns, status report, etc..)
The data processing is carried out with the aid of manual and electronic tools , in order to ensure the security and confidentiality of the data.
For the purpose of letters. A) and B) user’s personal data may be disclosed to undergo related processing, having correlated purposes and only as a core competence in relation to the specific relationship between the user and Simol S.p.A. at:
1) employees, contractors, suppliers and consultants of Simol S.p.A., who may have knowledge of the personal data as Data Processors or Persons in charge of the processing;
2) all the companies and/or subsidiaries of Simol S.p.A. or that otherwise legitimately use the mark Simol S.p.A.
As a result of the close and indispensable connection between the instrumental performance of Simol S.p.A. of the required activities by the user and to the purposes listed above letters. A) and B), the missing data and lack of consent from the user's disclosure of their personal data to third parties for the purposes listed above will prevent the onset of any contractual relationship.
In any case, Simol S.p.A. reiterates that it is not necessary to obtain the consent of all concerned in the processing of personal data - under Article 24 of the Privacy Code – amongst the others – what is necessary – is as follows:
a) to comply with an obligation imposed by the law, a Community regulation or legislation;
b) to perform obligations under a contract of an interested party or to fulfil, before the conclusion of the contract, specific requests of the interested party;
c) relating to the data from public registers, lists, records or documents to anyone, subject to the limitations and conditions that the laws, regulations or Community legislation establishes the knowledge and publication of data;
d) relating to data on economic activities, treated in compliance with current legislation on business and industrial secrecy;
e) with the exception of disclosure, the necessity to enforce or defend legal claims, provided that the data processed is exclusively for said purposes and for no longer than is necessary therefore, in accordance with current regulations concerning Industrial and business secrecy;
f) with the exception of disclosure, it may be necessary, in identified cases by the Guarantor on the basis of principles laid down by law, to pursue a legitimate interest of the owner or a third party recipient, in reference to its subsidiaries or affiliates if not overridden by the rights and fundamental freedoms, dignity or legitimate interest.
For the purposes of the preceding letter. C) the provision of data is voluntary and refusal to provide them does not affect the performance of contractual relationships, precluding only the possibility of carrying out promotional activities. It is in fact entirely optional and not mandatory the consent to the processing of personal data for studies, research, market statistics, advertising and information, to carry out direct sales or placement of goods or services, for commercial information, to perform interactive marketing communications.
The user that indicates personal data on the site of third parties expressly declares and acknowledges that it has obtained from third parties consent to the processing of personal data, if required under the legislation on the protection of personal data for the aforementioned purposes, by Simol S.p.A. and third parties referred to in this paragraph and have obtained the expressed consent by Simol S.p.A. of advertising/\information material related to products and/or services that may be of interest if they are selected in the appropriate sections of the site options (e.g.: newsletter subscription). The user declares to have provided to third parties the information referred to in Article. 13 legislative Decree 196/03 and in particular the possibility of the communication of the data for the aforementioned purposes to Simol S.p.A.
The Data Controller’s details for the processing of the data provided are as follows: Simol S.p.A. – legal seat in Via Fiocchetti n.14 - CAP 42045 Codisotto di Luzzara (Reggio Emilia) Italy.
The data will be stored on the Owner’s premises for the time defined in the standard norms. The data will be collected, processed and stored in full compliance with the provisions of Articles 31 according to the Privacy Code and the Technical Regulations – Annexed in Attachment B of the Code- regarding security measures.
Simol S.p.A. shall nor process personal data defined as "sensitive" (personal data revealing racial or ethnic, religious, philosophical or other beliefs, political opinions, membership of political parties, unions, associations or organizations of a religious, philosophical, political or trade union, as well as personal data disclosing health and sex life) or "judicial" nor shall disseminate personal identification data.
The data will be processed in full compliance with the rules of self-regulation in the processing of personal data contained in Professional Codes of conduct in force.
The owner of the treated data may be contacted at any time, without formal obligations or by using the model prepared by the Authority for the protection of personal data in order to assert rights as provided for in Article 7 of the Code which for convenience are reproduced in full:
LEGISLATIVE DECREE N. 196/2003, Article 7 - Right to access personal data and other rights
1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet recorded and it’s communication in intelligible form.
2. The interested party has the right to obtain information:
a) origin of personal data;
b) the purposes and methods of processing;
c) the logic applied in case of processing with the aid of electronic instruments
d) the identity of the owner, manager and the representatives appointed under article 5, comma 2;
e) on subjects or categories of persons to whom the data may be communicated to or who can learn about them as appointed representative in the State, territory as managers or agents.
3. The interested party has the right to obtain:
a) An updating, rectification or, when interested, an integration of data;
b) the cancellation, the transformation into an anonymous form or blocking of data unlawfully processed, including those that do not need to be kept for the purposes for which the data was collected or subsequently processed;
c) certification that the operations noted in letters a) and b), have been brought to knowledge in regards to their contents, to those whom the data has been communicated or disseminated, except where this requirement proves impossible or involves a manifestly disproportionate to the protected right.
4. e interested part has the right to oppose in whole or in part:
a) for legitimate reasons of the processing of personal data, pertinent to the purpose of the collection;
b) the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market surveys or commercial communications.
Simol S.p.A. reserves the right to make changes to the Site, these General Conditions and other legal notices published anywhere in the Site at any time. Upon consultation, the user must always make reference to the current text version of the General Conditions and other legal notices published.
The changes will take effect in the moment they are published on the Site. The continued use of the Site by the user, as a result of a change, will be considered acceptance of those changes.
All users can check at any time, via the website the latest version of the terms and conditions of use of the Site, from time to time updated by Simol S.p.A.
The General Conditions, other legal notices published on the Site and the relationship between the Simol S.p.A. and users of the site have been construed in accordance with and governed by Italian law. All disputes between Simol S.p.A. and users connected or related to the use of the Site and/or its Contents are reserved to Italian jurisdiction and exclusive jurisdiction of the Foro of Reggio Emilia, within the limits provided by:
- Regulation (EC) No 593/2008 Of The European Parliament And Of The Council Of 17 June 2008 on the law applicable to contractual obligations (Rome I);
- Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II);
- Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Where some provisions of these General Conditions and/or other legal notices published on the Site are deemed invalid or inapplicable, the same will still be interpreted in such a way as to reflect the common intention of the Simol S.p.A. and its users, according to the remaining provisions of the General Conditions and/or other legal notices published on the Site.
The failure of exercise by Simol S.p.A., of rights and provisions provided in these General Conditions and/or other legal notices published on the Site does not constitute waiver of rights without the express written statement of Simol S.p.A.
Simol S.p.A. is pleased to obtain from the public information or suggestions about the Site and/or Contents. Users can contact Simol S.p.A. at the following e-mail: email@example.com or write to the above geographical address. Any suggestions or information obtained by Simol S.p.A. will be treated as non confidential information and may be used without limitations. The user will be held responsible if the information provided to the Simol S.p.A. infringes rights of third parties.
© Simol S.p.A. S.P.A. 2015. All rights reserved.