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Introduction

With this document, Prossima Isola srl, registered office in Sassari, Via Castelsardo, 2 - Italy, owner of the website www.whereisnow.com informs of the website managing procedures with regard to personal data processing and protection of the individuals (users) visiting the website, with direct access through its home page or internal pages (deep link).

 

This document is a notice pursuant to the provisions of Article 13 of Italian Legislative Decree No. 196 dated 30 June 2003, (Code on Personal Data Protection). This notice shall be solely and exclusively applicable to this website and not to other websites accessible by the user through active links on this website. Data relating to identified or identifiable persons can be collected by simply browsing the website.

DATA CONTROLLER

PROCESSED DATA

NATURE OF SUBMISSION

METHODS OF DATA PROCESSING

COOKIES

RIGHT OF THE CONCERNED PARTY

GOOGLE ANALYTICS

1. Data controller

The data controller is Prossima Isola srl with registered office in via Castelsardo, 2 - 07100 Sassari - Italy.

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2. Processed data

Navigation data

The computer systems and software procedures in charge of the website's operation acquire, during their normal operation, some personal data the transmission of which is implicit in the use of Internet communication protocols.
This information is not collected to be associated to identified concerned parties, however, due to its nature, such information can allow users’ identification, by means of processing and matching of data held by third parties.
This category of data includes IP addresses or domain names of the computers utilized by the users to connect to the website, URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the server reply (ok, error, etc.) and further parameters concerning the user's operating system and computer environment.
This data may be used to ascertain responsibility in the event of any computer crimes to the detriment of the website.

Data voluntarily supplied by the user

The optional, explicit and voluntary submission of data, as required by several sections of this website, is used in order to fulfill users’ requests (as a merely illustrative, and not exhaustive example: request for information or explanations submitted via email to the email addresses indicated in the website, in the homepage or in internal pages). For that purpose, it is here specified that relevant notices can be read on registration or for any other service requested.

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3. Nature of submission

Except for navigation data necessary to implement computer and electronic protocols, submission of personal data by users is free and optional. However, failing to provide personal data will result in the impossibility to process the requests forwarded by the user or that the user is willing to forward.

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4. Methods of data processing

Personal data collected through the website is processed through computer procedures or means of telecommunication. Data is stored in the hosting provider’s servers. The minimum security measures set forth in Italian Legislative Decree no. 196/2003 and the annexes thereto are ensured.

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5. Cookies

No personal data concerning users is acquired by the website through cookies.
Cookies are not used to transmit information of a personal nature, nor are so-called persistent cookies or user-tracing systems used.
The use of so-called session cookies is strictly limited to the transmission of session identifiers (consisting of random numbers generated by the server) necessary to allow the safe and efficient exploration of the website.
The so-called session cookies used in this site avoid resorting to data processing techniques potentially prejudicial for the confidentiality of the users' navigation and do not allow the acquisition of personal data identifying the user.

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6. Right of the concerned party

The concerned users may, in any manner, exercise their rights as set forth in Art. 7 and subsequent articles of Italian Legislative Decree No. 196/2003, by sending their request to: Prossima Isola srl, via Castelsardo, 2 - 07100 Sassari - Italy

 

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7. Google analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

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You can read this document in its original language: [Italian version]

Terms of service

Prossima Isola srl manages, through its portals, a number of services that the user declares to be willing to use according to the terms and conditions contained herein.

SUBJECT-MATTERSERVICE PROVISION AND ACCESS PROCEDURESCANCELLATION OF REGISTRATION

OBLIGATIONS OF THE USER

GUARANTEES AND RESPONSIBILITIES OF PROSSIMA ISOLA SRL

SERVICE TRANSFER AND MODIFICATION

CONFIDENTIALITY

PRIVACY POLICY

SETTLEMENT OF DISPUTES

NOTICES

GENERAL

CONTRACT STORAGE, REPRODUCTION AND TRANSLATION

GOVERNING LAW AND APPLICABLE PROVISIONS

 

1. Subject-matter

  • 1.1 According to the terms and conditions of this Agreement, Prossima Isola Srl shall provide a number of services to the User through its websites. For the description thereof, reference made thereto through your queries shall apply. You hereby declare to accept the content and the terms of provision of all the services, accessible upon registration, provided by Prossima Isola Srl..
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2. Service provision and access procedures

  • 2.1 Access to the services is allowed upon registration which is a prerequisite to get access codes. After registration, Prossima Isola Srl will send you the access codes to the email address you provided on registration.
  • 2.2 To successfully complete your registration, you have to provide some details, such as: name, surname, age and email address. Any additional information will be required where necessary and upon your prior express consent.
  • 2.3 Personal information provided for registration purposes may be communicated to third parties, other than Prossima Isola Srl, with which Prossima Isola Srl maintains relationships. Prossima Isola Srl will properly inform you of the nature and the purposes of such communications. Where required, such communications will be subject to your consent as for the practical manner of carrying them out. You may, during the entire period of your registration to the services provided by Prossima Isola Srl, refuse to have such information disclosed, without such refusal affecting the provision of the principal service.
  • 2.4 By registering, you will, among other things, be able to have access to the new service WhereIsNow, which object and terms of provision will be explained on the web pages of the same service.
  • 2.5 Prossima Isola Srl services are free of charge, except for some limitations which will be subject to further terms and conditions. You will be properly informed of the relevant terms and conditions, as well as of any other addition or amendment thereto. In the event of changes in the provision of the services that would imply any costs for you, you will be enabled to renounce your registration within and no later than 60 days from the date of publication of the new conditions on Prossima Isola Srl web pages.
  • 2.6 Services may be accessed twenty-four (24) hours a day, seven (7) days a week, without prejudice to the provisions set forth in 5.2) hereinafter.
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3. Cancellation of registration

  • 3.1 You have, at any time, the right to cancel your registration and the data you provided along with it by sending your request to: Prossima Isola srl, via Castelsardo, 2 - 07100 Sassari - Italy
  • 3.2 When a request to cancel is submitted, Prossima Isola Srl, on its part, will cancel the registration within the applicable time limits, notifying you of the cancellation and the inhibition to the use of any personal data by third parties to which it had been communicated.
  • 3.3 In case of failure to fulfill your obligations under this Agreement, your registration may be cancelled by Prossima Isola Srl, even without you being notified. The same shall occur also in case of any abuse, committed by or attributable to you, of which Prossima Isola Srl has become aware either directly or by other Users of the website or by anyone who has suffered damages as a result of such abuse, even if such abuse is the consequence of not only an unlawful, but also an incautious use of the service by you or by any other person related to you or subject to your supervision. The decision of Prossima Isola Srl, in such cases, is final and it shall also reserve the right or the freedom, depending on the abuse, to report such abuse to the competent authority. The foregoing, without prejudice to the right to compensation for any damage incurred as a result of the conducts described above.
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4. Obligations of the user

  • 4.1 You are responsible for the secrecy and confidentiality of the access codes assigned to you by Prossima Isola Srl in order to access the service; therefore, you hereby agree to indemnify Prossima Isola Srl against any direct and indirect damage incurred by the company and/or third parties as a result of non-compliance with the aforesaid confidentiality obligations.
  • 4.2 In case of modification, theft, misplacement, loss or appropriation of your access codes by third parties for whatever reason, you agree to immediately communicate it in writing to Prossima Isola Srl, which will provide you with new access codes reserving the right to ascertain any negligence on your part as well as to inform the competent authority.
  • 4.3 You also agree to indemnify Prossima Isola Srl against any liability arising from conducts infringing third parties’ copyrights, intellectual property rights and industrial rights, in connection with any material found through the services accessible by you, as well as with any software applications necessary to access the services if they belong to parties other than Prossima Isola Srl.
  • 4.4 You are forbidden to use the systems owned by Prossima Isola Srl in an improper and inexperienced manner; to cause any damage whatsoever; to cause any interruption or total or partial suspension of the services provided by Prossima Isola Srl.
  • 4.5 The information submitted on registration or any further information required to you shall not: be false, inaccurate or misleading; violate mandatory, statutory or regulatory provisions.
    You shall also acknowledge that Prossima Isola Srl prohibits the use of the provided services:
    - for spamming purposes;
    - to carry out correspondence against morality or public order or with intent to cause public or private nuisance, to cause offense, direct or indirect damage to third parties;
    - to intercept, impede or illicitly interrupt digital and electronic communications and/or disclose the content thereof;
    - to violate, steal or destroy information or electronic correspondence between third parties;
    - to communicate on the Internet in an offensive, injurious and/or defamatory manner;
    - to violate the privacy of other users of the Internet;
    - to contravene, directly or indirectly, the laws in force in Italy or in another state, with special reference to the laws on copyright, intellectual property rights and industrial property rights.
  • 4.6 In case of violation of any of the above-mentioned prohibitions, this Agreement shall be deemed terminated de jure upon simple request by Prossima Isola Srl, for default and cause exclusively attributable to you, without prejudice to any other action of recourse or claim against those responsible for the violations. You undertake to indemnify and hold Prossima Isola Srl harmless against all losses, damages, liabilities, costs or expenses, including legal expenses, arising from any violation of the above-mentioned obligations and of all obligations contained herein that are solely incumbent upon you.
  • 4.7 Prossima Isola Srl acknowledges your entitlement to develop software applications capable of interacting with the furnished services, in whatever format they are provided (i.e. Web Service, API).
    Your applications shall clearly indicate that the data shown originates from the services furnished by Prossima Isola through the wording “Powered by [name of service]” (i.e. “Powered by WhereIsNow™”) and shall contain a hyperlink to the homepage of the corresponding service (i.e. http://www.whereisnow.com).
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5. Guarantees and responsabilities of Prossima Isola SRL

  • 5.1 The websites managed by Prossima Isola Srl are only a venue enabling its users to find information at any time, from any Internet access point and by different modes. Any activity performed by you therein is not subject to the authority and control of Prossima Isola Srl. The company is not bound to control and guarantee the authenticity of the personal data provided by the user on registration.
  • 5.2 Prossima Isola Srl shall guarantee the service under this Agreement in accordance with the terms agreed upon herein. Nonetheless, the company may – even without notice and at its discretion – discontinue or suspend all or part of the service under this Agreement, without being held responsible for it in any way, when the causes for such discontinuance or suspension are ascribable to: unforeseeable circumstances or force majeure; as well as tampering or repairs on the services or the equipment performed by you or unauthorized third parties; wrong use of the services by you or third parties even if authorized; malfunctioning of the equipment used by you for the connection to the services provided by Prossima Isola Srl. Finally, service discontinuance or suspension may also occur when Prossima Isola Srl shall carry out maintenance or upgrading of its apparatus.
  • 5.3 Prossima Isola Srl acknowledges your entitlement to develop software applications capable of interacting with the furnished services, in whatever format they are provided (i.e. Web Service, API).
    YOU EXPRESSLY AGREE TO ACCEPT THE STATE AND THE CONFORMITY OF THE PROVIDED SERVICES WITH THE AFORESAID PURPOSE, ON AN “as is” BASIS.
    Under such authorization by Prossima Isola Srl, you are not, however, allowed to:
    - make unauthorized alterations, or interferences that may be prejudicial for the system owned by Prossima Isola Srl;
    - use the said system in an improper, inexperienced or even illegal manner;
    - use the said system in a manner that may jeopardize its correct functioning, or prevent the provision of the services to other users and cause any damages whatsoever, including those arising from violation of patent rights.
  • It is hereby understood that the information received and obtained through the aforementioned services may not be subject to profitable commercial transactions. Nevertheless, you may unconditionally draw income from the use of your software without any need for further authorization, through the sale of pay services, the insertion of banners and other forms that do not breach these terms and conditions.
    IT IS ALSO UNDERSTOOD THAT YOU ARE NOT ALLOWED TO MODIFY THE CONTENT OF THE DATA PROVIDED BY THE SERVICES OF Prossima Isola srl AND DISPLAYED TO THE USERS OF YOUR OWN SOFTWARE APPLICATION.
    Prossima Isola Srl shall reserve the right to verify that the services are used legitimately and, in any case, bring the infringements of the prohibitions set out in this paragraph, if any, before the competent authorities; You also agree to indemnify Prossima Isola Srl against any responsibility arising from any misconduct in the use of the data provided by the services of Prossima Isola and exchanged by means of the software application developed by you.
    In particular, you agree to indemnify Prossima Isola srl against any responsibility arising from any illegal conduct under the Italian and international, civil and criminal laws. In particular, the types of conduct that are expressly forbidden include, but are not limited to:
    - infringement of copyrights;
    - infringement of third parties’ intellectual or industrial property;
    - defamation;
    - child pornography.
  • 5.4 Prossima Isola Srl is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to actively seek facts or circumstances indicating illegal activity.
  • 5.5 You are hereby informed that Prossima Isola Srl is, in any event, required:
    - to inform without delay the judicial authority or the administrative authority responsible for the monitoring thereof in the event that it becomes aware of an alleged illegal activity or information concerning you;
    - to provide, without delay, upon request of the competent authority, information in its possession that permits your identification on the basis of any agreement with you to store data (registration and subsequent contacts), in order to spot and prevent illegal activities.
  • 5.6 Prossima Isola Srl incurs third party liability in respect of the content of the provided services in the event that, having been requested by the judicial authority or the administrative authority responsible for the monitoring thereof, does not promptly take the necessary measures in order to prevent access to the said content, or if, having become aware of content that is illegal or prejudicial to a third party in a service to which it grants access, does not inform the competent authority thereof.
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6. Service transfer and modification

  • 6.1 By entering into the agreements with Prossima Isola Srl, you agree that the services provided under the said agreements may be transferred in whole or in part. Therefore, you hereby acknowledge that the obligations assumed under agreement shall be fulfilled towards the parties succeeding to the rights of Prossima Isola Srl. The company shall notify the transfer, once it has taken place, and you, from that time on, in addition to the foregoing, shall settle any debts, if any, with Prossima Isola Srl. In any event, you shall be entitled to withdraw or cancel your registration, thereby waiving the services transferred.
  • 6.2 Moreover, you hereby acknowledge the right of Prossima Isola Srl to modify the services to which you have access and accept the alterations as notified, without prejudice, in any event, to your right to withdraw according to the terms and procedures set forth in para 3).
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7. Confidentiality

  • 7.1 Your personal data is collected for the sole purpose of starting the procedures for the performance of the agreement and the relevant necessary communications;
  • 7.2 Prossima Isola Srl will process all your personal information in accordance with the statutory provisions set forth in the Code on personal data protection;
  • 7.3 Prossima Isola srl undertakes to observe, and have observed by its employees, the provisions on the subject of minimum security measures for the protection of your personal data that might accidentally become known to the abovementioned parties. The Company shall also undertake to observe, and have observed by its employees, confidentiality on your personal data that might accidentally become known to them in consideration of the activity carried out.
  • 7.4 The foregoing, without prejudice to the entitlement of Prossima Isola Srl to transmit said data or information to persons delegated by the Company to perform the services related to the subject-matter of the agreement entered into by the parties, that will be communicated for the sole purposes of the provided service, prior to the signing by such persons of a confidentiality agreement regarding the data itself, without prejudice to the cases set forth in para 6).
  • 7.5 You acknowledge and accept the existence of the electronic record of the operations of the services of Prossima Isola Srl (the “Log”), generated and stored by the Company. The Log content is absolutely confidential and may only and exclusively be exhibited upon request of the competent authority.
  • 7.6 The obligations set forth in this article do not apply to the information that Prossima Isola Srl can prove:
    - is known to it prior to the acquisition of the same by virtue of the contract between the parties;
    - is in the public domain at the time of conclusion of the contract between the parties.
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8. Privacy policy

  • 8.1 You hereby and expressly declare that you have received the notice, pursuant to Italian Article 13 of D.Lgs 196 of 2003 (Code on personal data protection) and that, therefore, are informed of the methods and purposes of the processing of personal data communicated to Prossima Isola Srl. Such notice is however present in the website and can be read before proceeding to registration.
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9. Settlement of disputes

  • 9.1 Any disputes shall be referred to the jurisdiction of the Italian courts.
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10. Notices

  • 10.1 Any notices between the parties concerning this Agreement shall be sent by email.
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11. General

  • 11.1 This Agreement supersedes and replaces any prior agreements, understandings, negotiations, oral or written, between the parties hereto with respect to the subject-matter of this Agreement;
  • 11.2 the invalidity of an article, or part thereof, shall not imply the invalidity of the entire agreement;
  • 11.3 any supplement and/or amendment hereto shall be made, on pain of nullity, according to the forms set forth herein;
  • 11.4 Voidness, voidability or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.
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12. Contract storage, reproduction and translation

  • 12.1 This Agreement is submitted to your attention in its English version. The Italian version of the Agreement, which is the sole legally binding version, can be found at the URL /TermsOfService.now. You shall download, save and print the Italian version of the Agreement and store it.
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13. Governing law and applicable provisions

  • 13.1 This Agreement shall be governed by the Italian laws;
  • 13.2 As regards everything not expressly provided for in this Agreement, the law provisions applicable to the relations and the specific cases set out in the same Agreement shall apply.

Pursuant to Article 1341 of the Italian Civil Code, the User declares to have been informed of the terms and conditions contained herein, with particular reference to: 1) subject-matter; 2) service provision and access procedures; 3) obligations of the user; 6) service transfer; 7) confidentiality; 9) settlement of disputes.

And therefore he/she expressly approves them.

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Prossima Isola srl

- DOES NOT INITIATE THE TRANSMISSION;

- DOES NOT SELECT THE RECEIVER OF THE TRANSMISSION;

- DOES NOT SELECT OR MODIFY THE INFORMATION CONTAINED IN THE TRANSMISSION.

 

Considering this, Prossima Isola is convinced that its platform does not infringe any third party's rights. More precisely, Prossima Isola considers that its platform falls into the "mere conduit" provision of Directive 2000/31/EC of the European Parliament and of the Council of the European Directive on Electronic Commerce ("the E-C Directive").

 

Nevertheless, as liability rules may vary from Country to Country, Prossima Isola shall take any reasonable effort in order to stop and/or prevent any infringement which could come to its knowledge. To this end, Prossima Isola has designated an agent to receive notices of claimed infringements at the following e-mail address at communicate_abuse@whereisnow.com

 

The notice should contain:

  • the general data of the person authorized to act in defence of the presumed infringed right (name, surname, e-mail address, physical address, phone number);
  • the title on which he/she grounds his/her request (owner of the right, licence, other);
  • a description of the injured right containing, where available, the number of issuance (as in case of intellectual property rights such as patents, trademarks and design patents) or a brief description of the right (personal freedom, freedom of correspondence, privacy, intellectual property infringement, other);
  • a declaration that the alleged infringer is not authorized by the right holder.

 

Upon receipt of the notice as outlined above, Prossima Isola shall take each reasonable step in order to get in touch with the alleged infringer and forward the notice to such alleged infringer.

  • in absence of a reply, Prossima Isola shall take each reasonable step for removing or disabling access to the platform;
  • in case of a reply by the alleged infringer which could contain a counter-notice, Prossima Isola shall ask for expert advise and promptly inform the parties of the expert's opinion in the matter;
  • the identity of the expert may vary depending on the right injured;
  • the measures to be taken are at sole Prossima Isola's discretion.