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Terms of the services Comuni-Chiamo and HSE app

By this agreement, fully binding and enforceable, by and between the following Parties

Comuni-Chiamo S.R.L. cwith registered office in Monte San Pietro (BO), via San Martino n. 26/1, VAT number, Tax Code and registration to the Chamber of Commerce of Bologna n°03160171207, represented by its legal representative (hereinafter the Supplier)

AND

The Customer as identified in the contract between the parties, or in the data contained in the municipal resolution, or in the supply order generated through the platform www.acquistinretepa.it or other equivalent commercial exchange platform between private entities and public administrations, that forms an integral and substantial part of this agreement, through its pro-tempore legal representative and / or through the persons appointed by the Customer who are in charge of the services "Comuni-Chiamo" and "HSE App".

These Terms of Service regulate the use of the services “Comuni-Chiamo” and “HSE App”.

ART 1 - Acceptance of the terms of service of Comuni-Chiamo and HSE app

The services called “Comuni-Chiamo” and “HSE App” (hereinafter the Service) are provided to the Customer by the Supplier on the basis of the following Terms of Service (hereinafter TOS).

These TOS, together with the Annexes referred to as an integral and substantial part of the TOS, repeal and replace any previous written and oral agreements set between the Parties and referring to the same subject, and constitute, together with the contract and the provision of the aforementioned digital platforms, the entire agreement between the Parties.

The Customer acknowledges and accepts these TOS unconditionally and without exceptions, by checking the box at the bottom of the window during the first access to the website, next to the wording «Now, by clicking the "accept " button, I accept without reserves the above terms of service and the privacy regulations".

The Supplier reserves the right to modify these TOS at any time and without advance notice. The Customer can check the updated text of the TOS at any time, as updated by the Supplier at this link.

ART 2 - Description of the Service

The Service is a software conceived, developed and marketed by the Supplier and made accessible online in SaaS mode (Software as a Service), the software allows the collection, management, organization, and processing of requests and reports submitted by internal and external users inside a shared workspace, in order to allow the automation of repetitive operations and to optimize the management of resources in terms of costs, times and personnel required. The software also allows you to create content intended for internal and external users through services such as communications with push notifications, information pages and custom maps.

In order to use the Service, it is necessary to obtain access to the World Wide Web (internet), either through the use of personal computers or through other tools (eg. mobile devices) that allow access to the contents on the Web, and to pay all the fees associated with such access.

The supplier does not guarantee the geographical, temporal and qualitative availability of the internet infrastructure required for transferring the data and, moreover, does not guarantee that the transferring operations and the sending of the data to the software can be executed within a pre-established timeframe.

The introduction of changes to the Service that make it, in whole or in part, differently usable with respect to its current configuration, will be subject to and regulated by these TOS.

ART 3 - Obligations and limitations in using the service

In order to use the Service, the Customer undertakes to:

  1. provide the information requested during the creation of a new account (hereinafter, User Information) ensuring that it is up to date, complete and truthful;

  2. update the User Information timely and constantly so that it is always up to date, complete and truthful.

f the Customer provides false, inaccurate, not current or incomplete information, or if the Supplier believes, based on its own discretionary assessment, that the information provided by the Customer is false, inaccurate, not current or incomplete, the Supplier reserves the right to deactivate, temporarily or permanently, the Customer's account and to prevent any further use of the Service.

Furthermore, due to stability and security reasons related to the service, the Supplier reserves the right to limit API calls to: 30 per minute, 500 per hour, 20,000 annually;

f the Customer requires higher limits, the Customer can submit a request to the Supplier who will assess it considering the needs of both parties.

ART 4 - Information on the protection of personal data

The data as well as any other information that can be associated, directly or indirectly, to the Customer and / or to the person in charge of the service, are collected and used in accordance with Legislative Decree June30, 2003 n ° 196, pursuant to Article 13 (Code regarding the protection of personal data) as amended by Legislative Decree August 10, 2018 n. 101 and subsequent amendments and additions, hereinafter referred to as the "Privacy Code" and pursuant to EU Regulation 2016/679 (GDPR).

The Supplier informs that:

  • User Information provided by the Customer is also collected and used by the Supplier through IT tools and procedures, for the following purposes:

    • purposes directly connected and aimed to the provision and management of the Service, in accordance with these TOS;

    • statistical processing and / or surveys.

  • Due to needs related to the provision of centralized IT activities and / or required to manage the Service, some personal data may be stored in computer databases which belong to third parties.

  • The provision of User Data is not mandatory. However, failure to provide, even partially, the data expressly indicated as required to achieve the purposes referred to in the previous letter i) will make it impossible for the Supplier to provide the Service.

  • To fulfil the purposes indicated above, some data may be communicated by the Supplier to third parties in charge of carrying out activities directly connected and aimed to the provision and distribution of the Service.

  • The Data Controller is Comuni-Chiamo S.R.L. with registered office in Monte San Pietro (BO), via San Martino n. 26/1.

  • The Code regarding the protection of personal data entitles the Data Subject to exercise specific rights, including obtaining confirmation from the data controller of the existence of personal data concerning him or her, and its communication in an intelligible form; to obtain information about the source of personal data, as well as of the logic and the purposes on which the processing is based; to obtain the erasure, transformation into anonymous form or blocking of data processed in violation of the law, as well as the update, the adjustment and, if the case, the integration of personal data; to object the processing for legitimate reasons, and to object at any time the processing of personal data aimed at marketing and commercial information. To exercise these rights, the Customer and / or the person in charge of the service shall contact the Supplier through the following email address info@comuni-chiamo.com including the following subject "Exercise of rights pursuant to Article 7". By accepting these TOS, the Customer authorizes the Supplier to collect, communicate and transfer his personal data to others within the limits and for the purposes set in this agreement.

ART 5 - Third parties personal data

In carrying out the Service, the Supplier will transfer to the Customer personal data of third party users (external users) of the Service from whom the Supplier has obtained explicit consent to transfer the data.

The Customer undertakes to process such data in accordance with the rules on the protection of privacy in force at the time in which the data has been transmitted, relieving the Supplier from any liability that may arise from non-compliance with such obligation.

By "Clicking" and “Double Clicking" on the acceptance of these Terms of Service the Supplier, as the Data Controller of the personal data provided by the user, appoints the Customer, who accepts, as Data Processor, pursuant to art. 28 of the GDPR, of the personal data of third parties that the Supplier should communicate to the Customer for the provision of the service. The Data Processor carries out, on behalf of the Data Controller, the processing of personal data required to perform its activities in compliance with current legislation.

ART 6 - Account e password

Once the process is completed, the Customer is associated to an account that is associated to a unique user ID and a password (Access Data) for which the Customer is solely and exclusively responsible, also with regard to activities carried out through their use. The Client therefore undertakes to:

  1. notify the supplier immediately of any unauthorized use of their password or account as well as any other breach of the security rules which has come to its knowledge;

  2. log out from its account at the end of each session.

The Supplier can in no way be held responsible for any damage resulting from non-compliance with this article 6. The Customer is aware that its authentication by means of unique user ID and password is the only verification that controls the access to the Service. Therefore the Customer is responsible for the custody and the correct use of its account, user ID and password to access the Service, as well as for any adverse consequences or prejudice that may arise, against the Supplier or other third parties, as a result of misuse, loss, theft and / or breach of confidentiality of the account, user ID and password used by the Customer.

All operations carried out through the account, user ID and password used by the Customer automatically involve the attribution to the Customer of the operations carried out and of the requests made, without exception whatsoever. The Customer acknowledges that the Supplier will always be able to produce, as proof of the operations carried out by the Customer and, more generally, of the relations with the Customer, proof obtained from the systems and from IT procedures used by the Supplier to control access to the Service.

Should the Customer come into knowledge of any use of their access data not in compliance with contractual provisions, the Customer must immediately notify the Supplier who has the right to disable access to the service. In this case, the reactivation of the service will be carried out by the Supplier after receiving a written communication from the Customer.

ART 7 - Data storage and ownership

In accordance with these TOS the Supplier undertakes to keep the data submitted by the Customer and generated by the use of the Service, and to make them available for processing through the tools offered by the Service.

It is understood that, once entered into the database of the Service, the data submitted, generated and / or processed through the Service, with the exception of User Information and Access Data, are and remain the exclusive property of the Supplier.

In any case, the data still remain accessible from the Customer's office through the World Wide Web, also guaranteeing the availability of the same in exportable format for the entire duration of the contract.

Up to 60 days following the termination of the contract, the Customer can access the Service with restricted functionality to download data relating to all requests and reports received or entered in its workspace.

In the same 60 days’ timeframe, the Customer can submit a request to Comuni-Chiamo’s certified email comunichiamosrl@legalmail.it to receive additional data located on the platform for which the Customer is the Data Controller.

ART 8 - Account, username and password – service suspension and interruption

The Customer acknowledges and agrees that the Supplier may, at its sole and exclusive discretion, disable the Customer's password and account or stop the use of the Service if the Supplier believes that the Customer has violated or has behaved in a manner which is incompatible or against the spirit or the content of these TOS.

The Customer acknowledges and agrees that any suspension or interruption of the access to the Service pursuant to the provisions of these TOS may occur without notice.

In the event of interruption, termination or suspension of the service due to force majeure, the Supplier will do everything possible to maintain the accounts and allow their recovery, however the Supplier does not assume any burden or obligation in this regard.

ART 9 - Fee

The Service is provided by the Supplier against the payment of an annual subscription fee, to the extent determined in the contract, or in the data contained in the municipal resolution, or in the supply order generated through the platform www.acquistinretepa.it (hereinafter the Fee).

The Customer undertakes to pay the agreed fee to the Supplier by bank transfer to the bank details communicated by the latter, to be made no later than 30 days from the relevant invoice date.

In case of delay or non-payment of the fee, legal interests will be applied automatically and without the need for formal notice according to Legislative Decree 231/2002 and subsequent amendments and additions. Should the payment delay continue for more than 60 days from the expiry date, the Supplier has the right to deny the Customer access to the Service until the latter has made full payment of the fee.

ART 10 - Duration

The provision of the Service lasts the time established in the negotiation and purchasing phases with effect from the day on which the Supplier receives notice of the acceptance of these TOS by the Customer.

ART 11 - Intellectual property rights of the Supplier

The Customer acknowledges that the Service and all required software used in connection with the Service are protected by intellectual and / or industrial property laws. The Customer, therefore, undertakes not to modify or to use in any way (whether free of charge or against payment) and not to distribute, to disseminate or to create works based, in whole or in part, on the Service.

For the sole purpose of using the Service, the Supplier grants the Customer a personal non-transferable and non-exclusive license for the use of the Service, in any case it is understood that the Customer may not copy, modify, create works from the Service nor in any way try to discover any source code, try to sell, to assign, to sublicense, to confer or to transfer any right on the Service to third parties, nor allow third parties to do so. The Customer also undertakes not to access the Service through an interface other than the one provided or indicated by the Supplier.

ART 12 - Informazioni about the brand

The brand and logo of Comuni-Chiamo S.R.L. as well as the brand of the Services "Comuni-Chiamo" and "HSE App" are proprietary trademarks of the Supplier. The Customer undertakes not to use the aforementioned trademarks in any way without the express consent of the Supplier.

ART 13 - Limitations of Supplier's liability

The Supplier, in accordance with current legislation, is liable only for contractual and non-contractual issues arising as immediate and direct consequence of behaviors determined by willful misconduct or gross negligence in providing the Service. In particular, the Supplier will not be liable in any way for the violation of national and European legislation, whether primary or secondary, in relation to privacy or to any other regulatory provision violated by the Customer while using the Service, such as, for example, failure to collect the express consent to the processing of personal data by third parties or failure to notify to the Data Protection Supervisor of the processing of personal data when this is required by law.

The Parties mutually agree that there will be no obligation for the Supplier to compensate any malfunctioning of the Service due to force majeure or events beyond the control of the Supplier.

ART 14 - Communications

Any communication between the parties must be in writing and, except where explicitly provided for by this TOS, and may be made by certified e-mail as well as by ordinary mail. The Customer acknowledges and agrees that the Supplier may send communications regarding changes to these TOS and other communications relating to the Service by entering specific notices, or links to such notices, in the Service.

ART 15 - applicable law and juristiction

These TOS and the relations between the Supplier and the Customer are governed by the law of Italy.

The parties expressly agree that the exclusive place of jurisdiction for all disputes arising directly or indirectly from this agreement is court of Bologna, also notwithstanding the ordinary criteria of competence.

ART 16 - Miscellaneous

Failure to comply, even repeatedly, with one or more of the provision of this agreement shall not be granted in any way as a tacit abrogation and / or modification of the agreement. If a clause or a condition of these TOS and / or the application of the same proves illegal, invalid, ineffective or inapplicable, in whole or in part, for any reason, it will be deemed separate from any other clause or provision of this agreement, whose validity and effectiveness will therefore not be compromised in any way.

Any tolerance and / or uncontested facts likely to be configured as noncompliance by the other Party with respect to the obligations of this agreement, cannot in any way be interpreted as a waiver of the compliant Party in relation to that right, which therefore will remain intact and can be asserted at any time under the terms of the law and under the terms of this TOS.

By clicking the Customer accepts these Terms of Service.

By clicking for a second time, pursuant to art. 1341 of the Italian Civil Code, the Customer explicitly accepts the following clauses: 3) Obligations and limitations in using the service; 5) Appointment of Personal Data Processing Manager; 6) Account and Password; 8) Account, Username and Password – Service Suspension and Interruption; 11) Intellectual Property Rights of the Supplier; 13) Limitations of Supplier Liability; 15) Applicable Law and Jurisdiction.