GENERAL CONDITIONS OF USE FOR THE “MY ATELIER EMÉ” SERVICE
The following General Conditions of Use (hereafter also “Conditions”), regulate the use, by the end user (‘”User”), of the “My Atelier Emé” service (the “Service”) supported by a technological platform in charge of the exchange and transfer of data (hereafter also “Application”), which is the exclusive property of Atelier Emé s.r.l., whose head office is at Castiglione delle Stiviere (MN), via Pisacane no. 18, CAP 46043 (hereafter also “Atelier Emé” or “Proprietor Company”).
Atelier Emé allows Users to access online and offline resources via the Application, such as, for example, communication tools, customised content, geo-localised content and other utilities (hereafter “Content”). In order to access on-line resources, the User must have access to the World Wide Web.
Aimée reserves all rights not expressly conceded to the User in these Conditions.
2. Acceptance of the Conditions
In order to use the Application, the User must accept these Conditions.
Use of or access to the “My Atelier Emé” Service implies the acceptance of these General Conditions of use and any associated updates, which may be made periodically at the discretion of the Proprietor Company.
These Conditions can only be accepted by those aged 18 or over. By accepting these Conditions, the User confirms they are aged 18 or over and possess the legal right to enter into binding contracts.
These Conditions are in electronic (computerised) format; acceptance of the same by the User via electronic means, represents the User’s desire to be bound by that set out and agreed in the same.
Because the Proprietor Company provides a wide range of Services, the User may be asked to accept additional conditions that will be applied upon interaction with a specific application, product or service. In the event of a conflict between the additional conditions and these Conditions, the additional conditions associated with the application, product or service shall prevail, in relation to the use of the application, product or service by the User.
By accepting these Conditions, the User declares they are aware and accept that:
(a) The Application is provided in its current state of technical and technological development (“as is”), and that by using it the User exonerates the Proprietor Company from any obligation to provide updates or future improvements. These may be implemented exclusively at the sole discretion of Aimée;
(b) the Proprietor Company does not guarantee that the Application or its associated content shall be free of errors or shall be continuously available, nor that corrections shall be made for any defects found;
(c) Aimée, to the maximum extent of the law, does not recognise any guarantee or condition of any kind, including, for example, implicit guarantees and conditions pertaining to marketability and suitability for a special purpose;
(d) the Proprietor Company does not guarantee that the Application meets the User’s requirements and that it is free from malfunctions and/or errors.
In view of the above, by downloading and using the Application, the User declares that they have read, understood and fully accepted the Conditions detailed here
3. Description of the “My Atelier Emé” service
The Application offers the User services such as, for example:
(a) User registration;
(b) wedding organisation TO DO list;
(c) cost budget management;
(d) invite list management and table assignment;
(e) photograph management and publication (bride and groom, locations, etc.);
(f) event location indication (photograph list, description and links, e.g. ceremony and refreshments);
(g) indication of suggested or partner structures for the wedding (photograph list, description and links, e.g. holiday farms for overnight stays);
(h) download uploaded photos.
The Application is intended for personal use. By using the Application and accepting these Conditions, the User declares they will use it exclusively as a private entity operating for uses that do not include any commercial, entrepreneurial or professional activities.
4. Use of the Application and the User’s obligations
By downloading, installing and using the Application, and in any case the Content, the User commits to:
(a) use it under their own free and complete discretion respecting these Conditions and under their own complete and exclusive responsibility;
(b) not use it for illegal purposes or to commit illicit activities in contravention of binding regulations or public order legislation, or in any case infringing upon any law;
(c) not use it in such as way as to interrupt, damage or compromise its efficiency and operation in whole or in part;
(d) understand that Aimée will accept no liability for any damages that may occur to IT devices and other equipment belonging to you and/or third parties or data stored on the same, except in the event of fraud or gross negligence on the part of Atelier Emé;
(e) indemnify and relieve Aimée and its employees of any responsibility for the conduct of the User during the use of the Application.
(f) indemnify Atelier Emé against any responsibility for losses or damages in any way connected to the use and operation of the Application, including and without any limitation, damages derived from the suspension, interruption, failed operation and/or inaccessibility of the Application, damages arising from the transmission of any viruses or damaging material to the User’s devices, damages due to loss of business, loss of funds, interruptions to business, loss of commercial information and/or any other type of monetary losses, except in the event of damages caused by fraud or gross negligence;
(g) declare to be aware and accept that Atelier Emé does not guarantee the accuracy and completeness of he Content of the Application and does not ensure that the same will always be provided without interruptions, punctually and securely;
(h) not reproduce, duplicate, copy, sell, re-sell or in any way use the Application for commercial purposes and/or for monetary gain;
(i) accept that Atelier Emé does not guarantee that any material errors in the Application will be promptly corrected;
(j) not provide false personal data or create accounts on behalf of other people without authorisation;
(k) not to create more than one personal account;
(l) not to create another account without the authorisation of the Proprietary Company, if the original account is disabled;
(m) not to use the services if you are under 18;
(n) ensure that your contact information is correct and up to date;
(o) not share your password nor allow other people to access your account or to carry out any action that could jeopardise the security of your account;
(p) not transfer your account to third parties;
(r) not publish identity documents or confidential financial information;
(s) not send invites via the Application to people that are not users of the same without their consent.
5. Sharing of Content and information
a) When the User deletes Content they have entered it will be removed and recovering it will not be possible.
b) When the User publishes Content or information using the “Public” setting, they allow everyone, even people not registered to use the Application, to access and use the information placed in the “Public” area (e.g. photos of the bride and groom, details of their story, the date of the wedding, where the ceremony will be held, where the lunch will be held, table arrangements, suggestions for hotels, hairdressers, etc.).
d) Comments or suggestions from users are always welcome. In any case, the User recognises and accepts the fact that the Proprietor Company may use the same with no obligation to provide you with compensation (in the same way as the User is not obliged to provide them).
e) Please be reminded that the User is the proprietor of all the content and information published by them on the website and may control the way in which it is shared.
6. Limitations of Responsibility
Atelier Emé is not, and cannot be held responsible for:
(a) the incorrect functioning of the Application deriving from use by or on behalf of the User of Hardware and Software that does not function properly and/or is not compatible with the Application;
(b) the suspension and/or interruption and/or malfunctioning of the Application due to third parties on which the supply of the same depends;
(c) the suspension and/or interruption of the Application towards the User;
(d) the behaviour, on-line or off-line, of any User of the Application;
(e) “viruses”, “worms”, “Trojan horses” or other damaging IT components that may “attack” and/or reside in the Application;
(f) personal information provided by the User that may be subtracted, intercepted, deleted, destroyed or used by others, unless in the event of fraud or negligence on the part of Atelier Emé;
(g) for any loss or damage deriving from the communication of untruthful information and data by the User;
(h) any errors present in the Application or in the results given by the same during use;
(i) correctly keeping the access code, password and identification details for the Application safe; this responsibility, as well as the responsibility for any use of these codes and passwords that may be made by anyone who becomes aware of them, remains and shall remain the exclusive responsibility of the User;
(j) the use of archived data on the Application, contrary to Privacy Legislation (Lgs.D. 196/2003) or applicable laws, by the User;
(k) the content of any communications made, sent or received via the Application over which the Proprietor Company exercises no control or monitoring;
(l) the Content accessible via the Service that leads to third-party websites or other advertising resources present on the Web, nor for any damage sustained by the User in relation to said websites;
(m) possible delays and/or errors in information associated with and/or contained within the Service;
(n) any technical, connection or connectivity problems or other problems;
(o) any damage, direct and/or indirect, sustained by the User deriving from the use of the Application and associated Content.
The Proprietor Company endeavours to make their website secure, but cannot guarantee it. For this reason, Users should contribute to safeguarding the security of the website, by endeavouring to:
a. not publish unauthorised commercial communications (e.g. spam);
b. not gather content or user information, nor access the service using automated tools (i.e. collection bots, robots, spiders or scrapers);
c. not engage in illegal multi-level marketing actions, e.g. pyramid schemes;
d. not load viruses or other damaging code;
e. not seek to obtain access information or to access the accounts of other users;
f. not to denigrate, intimidate or annoy other users;
g. not to publish menacing or pornographic content or content that incites hatred or violence with images of nudity or explicit or gratuitous violence;
h. not develop or manage third-party applications with content related to alcohol, dating services or in any case aimed at an adult public (including advertising);
i. not use the Application and Services for illegal, misleading, malevolent or discriminatory purposes;
j. not engage in actions that could impede, overload or compromise the correct operation or appearance of the Application;
9. Intellectual ownership rights
The User recognises and accepts that the Application and associated Content may envisage the use of confidential and proprietary information, protected by intellectual property laws. The User promises not to carry out, directly or indirectly, activities such as copying, modifying, creating works derived from the Application, selling, transferring, conceding under sub-licence or in any other way transferring any right associated with the Application, unless this activity is expressly required by law.
With regards to content protected by intellectual property law, e.g. photos and videos, the User grants the Proprietor Company the following authorisations: a non-exclusive and transferable licence, that may be granted as a sub-licence, free from royalties and valid worldwide, that allows the use of Content published on the website. The Licence is terminated the moment the User deletes their account or the Content present in their account, unless said Content has been shared with third parties and these third parties have not deleted them.
When using the service, the User accepts that the software may occasionally download and install updates and additional functions with the aim of improving, optimising and further developing the Application.
The User agrees not to modify, create derived works, decompile or attempt in any other way to extract the source code.
10. Effectiveness, suspension, interruption and cessation
These Conditions are valid from the date the User registers with the Application by registering their basic information and accepting these Conditions. With prior notification through the Application, Atelier Emé may at any time suspend or cease the ability to use the same, with or without reason. Where possible, notification will be provided 30 days prior to the suspension/cessation.
If the User’s actions do not respect the form and substance of these Conditions, or they generate risks for the Proprietor Company, the latter reserves the right at their discretion to interrupt the supply of part of or all Services provided to the User.
The User may in turn delete their account or deactivate their application at any time.
In any case, the User declares and accepts that in the event of the interruption and/or cessation of the service for any reason, the Proprietor Company shall have no liability towards the User for any reason
11. Modifications and amendments
Atelier Emé reserves the right to make modifications and amendments to these Conditions at any time and at their exclusive discretion, notifying the User via a notice on the Application; any modifications shall be considered expressly accepted by the User should they continue to use the Application.
12. General Provisions
Under no circumstances shall the invalidity, annullability or ineffectiveness of one or more articles contained in these general conditions determine the complete invalidity, annullability or ineffectiveness of the same.
13. Disputes and place of jurisdiction
These Conditions are governed by the applicable legislation of the Italian State, which shall apply in the event of any occurrence not specified in these general conditions.
For any disputes that may arise from the User concerning the interpretation of and the obligations and other terms inherent to these conditions, the place of jurisdiction for the resolution of the same is the Court of Verona.
In accordance with articles 1341 and 1342 of the civil code, the User declares upon registering to use the APP, that they have read and expressly approved clauses 4, 5, 6, 10 and 13 detailed in these general conditions.
This Application collects certain Personal Data of its Users.
Summary of the policy
Personal data collected for the following purposes and using the following services:
- Registration and authentication
- Direct registration
Personal data: Surname, E-mail address, First Name, Password, Sex
- Statistics collected directly
Personal data: Data on use
- Use of the App by the User
- Uploads and shared contents
Personal data: first names, surnames, addresses, telephone/mobile telephone numbers, e-mail addresses, photographs, images, etc.
- Data controller
Atelier Emé s.r.l. – Via Carlo Pisacane, 18 – 46043 Castiglione delle Stiviere (MN) – ITALY, email@example.com
Data Controller and Data Processors
The data controller isAtelier Emé s.r.l – Via Carlo Pisacane, 18 – 46043 Castiglione delle Stiviere (MN) – ITALY, firstname.lastname@example.org
The data processor to be contacted by the user to exercise the rights indicated in art. 7 is the Information Systems Manager of Atelier Emé s.r.l., domiciled for this office at the registered office of the Data Controller.
Types of data collected
The personal data collected by this Application and necessary for it to function is: Data on use, First Name, Surname, Sex. E-mail address, Password.
Personal data may be entered voluntarily by the user or collected automatically during use of this Application (e.g. Data on use).
If a User does not provide certain Personal Data (e.g. first name, surname, e-mail address, password), this Application may be prevented from supplying its services.
The User can use the Application to upload, publish and share their own personal data (e.g. first name, surname, addresses, telephone/mobile telephone numbers, e-mail addresses, photographs, images, etc.) and/or personal data relating to third parties. The User accepts liability for the Personal Data of third parties published or shared using this Application and warrants that they are authorised to communicate or disclose it and shall not hold the Data Controller liable with said third parties.
Data processing methods
The Data Controller adopts appropriate security measures to process Users’ Personal Data, aimed at preventing unauthorised access, disclosure, amendment or destruction of the Personal Data.
Computerised and/or telematic mediums are used for processing, with organisational methods and logic strictly linked with the aims indicated. In addition to the Data Controller, the Data may be accessed by the employees responsible for administration of the website (administrative, sales, marketing, legal staff and system administrators) or by outside parties (such as suppliers of technical services, postal delivery services, hosting providers, IT companies, communication agencies), also appointed as Data Processors by the Data Controller, if necessary. An up-to-date list of the Data Processors may be obtained from the Data Controller by writing to email@example.com
The Data is processed for the time necessary to provide the service requested by the User or required for the purposes described in this document, and the User may ask for Processing to be halted or for deletion of Data processed illegally.
Area of communication and disclosure
The Personal Data may be disclosed to companies in the Calzedonia Group as the parent companies, subsidiary companies or associated companies; to the judicial authorities and law enforcement agencies, when required; to outside companies and firms supplying consultancy services, in the broadest sense, to the Calzedonia Group, service suppliers (suppliers of technical services, postal delivery services, hosting providers, IT companies, communication agencies) also appointed, if necessary, as Data Processors.
The Data Controller will only disclose the Personal Data if the party concerned has given specific consent.
Data processing purposes
The User’s Data is collected to allow the Data Controller to supply its services and to allow the User to use the APP, and also for the following purposes: Displaying the contents of external platforms, Registration and authentication and Statistics in anonymous form based on aggregated data.
Data provided for registration may only be used by Atelier Emé to send newsletters and promotional communications with the express and specific consent of the person concerned.
The types of Personal Data used for each purpose are indicated in the specific sections of this document.
Providing of Data
It is optional for the User to provide their Personal Data, but essential in order to use the APP. The only consequence of failing to provide all or part of the data is that the person concerned will be unable to use the APP. Compilation of the “Sex” box is optional and failing to provide this information will not affect functioning of the APP and the possibility of using the relative services in any way.
Providing data for sending of newsletters and promotional communications is optional and failing to provide this information will not affect functioning of the APP and the possibility of using the relative services in any way.
Registration and authentication
Registration and authentication allows the Application to identify the User and provide access to the dedicated services. Depending on what is indicated below, the registration and authentication services could be supplied with the assistance of third parties other than the Data Controller.
If this occurs, this application could access certain data held by the outside service used for registration or identification.
Direct registration (this Application)
The User registers by filling out the registration form and providing their Personal Data directly to this Application. Personal data collected: Surname, E-mail address, First Name, Password, Sex
The services contained in this section allow the Data Controller to monitor and analyse data on traffic and use relating exclusively to the APP.
Statistics collected directly (this Application)
This Application uses a system of internal statistics, which does not involve third parties.
Personal data collected: Data on use.
These services allow contents hosted on external platforms to be viewed directly from the pages of this Application and also allow interaction with them.
If a service of this type is installed, it may collect data on traffic relating to the pages on which it is installed, even if the User does not use the service.
Google Fonts (Google Inc.)
Google Fonts is a font viewing service managed by Google Inc. which allows this Application to add said contents to its own pages.
Personal data collected: Cookies and Data on use.
Widget Google Maps (Google Inc.)
Google Fonts is a map viewing service managed by Google Inc. which allows this Application to add said contents of its own pages.
Personal data collected: Cookies and Data on use.
Business communications and newsletters
The User registers by filling out the registration form and providing their Personal Data directly to this Application. Registration data, particularly the e-mail address, may be used by Atelier Emé to send newsletters and promotional communications only if the user has given their express and specific consent.
Further information on processing
The User’s Personal Data may be used in legal defence by the Data Controller or in the preparatory phases to starting of a legal action, against illegal use of the App or the related services by the User. The User accepts that the Data Controller could by required to disclose data on request of the public authorities.
System log and maintenance
For needs linked with functioning and maintenance, this Application and any third-party services it uses could collect system logs, i.e. files which register interactions and which could also contain Personal Data, such as the User’s IP address.
Information not contained in this policy
More information on processing of Personal Data may be obtained at any moment from the Data Controller, using the contact information.
The people to whom the Personal Data refers are entitled to obtain, at any time, confirmation of whether or not the Data Controller possesses their Personal Data, to be informed of its contents and origin, to check that it is accurate or ask for it to be supplemented, deleted, updated, corrected, converted into anonymous form or for Personal Data process illegally to be blocked, and may also object to processing, for legitimate reasons, in all cases. Requests of this nature, in the forms and methods indicated by art. 7 et seq. of Leg. Decree 196/03, must be submitted to the Data Controller, in the person of the pro tempore Information Systems Manager of Atelier Emé s.r.l., domiciled for this office at the registered office of the Data Controller, or sent in writing to firstname.lastname@example.org
This Application does not support “Do Not Track” requests. Consult the privacy policies of any third-party services used to discover if they support them.
Definitions and legal references
Personal Data (or Data)
Personal data is any information relating to a natural person, identified or identifiable, even indirectly, by reference to any other information, including a personal identification number.
Data on Use
This is information collected automatically by this Application (or by the third-party applications which this Application uses), including: the IP addresses or domain names of the computers used by the User who connects with this Application, the URI (Uniform Resource Identifier) addresses, the time of the request, the method used to submit the request to the server, the size of the files obtained in response, the digital code indicating the status of the response from the server (successful, error, etc.) the country of origin, the characteristics of the browser and the operating system used by the visitor, the various time connotations of the visit (e.g. the time spent on each page) and the details of the route followed in the Application, with particular reference to the sequence of pages consulted, to the operating system parameters and to the User’s IT environment.
The individual who uses this Application, who must be the Person Concerned or someone authorised by them and whose Personal Data is processed.
The natural or legal person to whom the Personal Data refers.
Data Processor (or Processor)
Data Controller (or Controller)
The natural or legal person, public administration and any other entity, association or organisation who is responsible, also together with another controller, for decisions on the purposes of personal data processing, the methods and instruments used, including the security profile, in relation to functioning and use of this Application. Unless otherwise specified, the Data Controller is the owner of this Application.
The hardware or software used to collect Users’ Personal Data.
Notice to Users: this privacy information has been prepared to satisfy the obligations laid down by Leg. Decree 196/03 and Directive 95/46/EC. This privacy information relates exclusively to this Application.
Last revision: 28 July 2015