TERM OF USE
These license terms are an agreement between the SmairtHero and the licensee. You should read them carefully. These conditions apply to the App SmairtHero, with which it is supplied, including any storage media on which it was received. The terms also apply to:
- Internet-based services
- technical support services
relating to the aforementioned App SmairtHero, unless it is accompanied by specific conditions, in which case the latter conditions prevail over those of this contract.
BY USING THE APP, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU WILL NOT BE ABLE TO USE THE APP AND REGISTER, AS DESCRIBED BELOW. BY USING THE APP, YOU CONSENT TO THE TRANSMISSION OF INFORMATION NECESSARY FOR THE OPERATION OF THE SERVICE.
These license terms permit installation and / or use of a copy of the App on one device, along with other rights, all as described below mode.
Installation and use rights
Before using the app under a license, you must assign that license to a device. This device will be the "licensed device."
Licensed Device: you may install and / or use one copy of the app on your device with licenza.Separazione of components: components of App-source software are licensed as a single product. The licensee may not separate nor alter the components and / or install them on different devices.
Evaluation and conversion requirements
The App can be licensed for a period equal to that of the contract between the licensee and the SmairtHero. Your rights to use the trial App will be limited to the period of the contract between the licensee and the SmairtHero. The App and the contract period will be established during the activation process. After the expiration of any period of the contract, the App features will cease to function.
Activation associates the use dell'App to a specific device. During activation, the app will send the App SmairtHero information and the licensed device. This information includes the App SmairtHero: position, name, surname, email, address, postcode, telephone, blood type, age, any diseases, allergies, means of transport mainly used, bradycardia. You may only obtain updates for the App received from SmairtHero or authorized sources.
Services of SmairtHero
SmairtHero offers its licensees an alert service and / or emergency management in case of anomalies. You may not use these services if it could harm them or impair their use by others. You may not use the services to groped to access unauthorized access to any service, data, account or network by any means.
Licensee Account and personal data
The licensee is responsible for both SmairtHero than that compared to a third party use of your account. The following features use Internet protocols, which send to the device relative to the appropriate systems information, such as your Internet protocol address, the type of operating system, name and version of operating system you are using, and the language code of the device on which App is installed. SmairtHero uses this information to make available to you the Internet-based services.
Data protection, spam
The protection of personal data of Licensee's top priority SmairtHero. SmairtHero undertakes to ensure compliance with online data protection. For more information, please read our data protection statement.
Intellectual Property Protection
The App is not sold, but granted the license. This contract grants you only a few of the App usage rights. SmairtHero, as owner and developer, reserves all other rights. You may use the App solely in terms, in the manner and to the maximum extent expressly provided in this agreement. In doing so, you must comply with any technical limitations in the software app that allows him to use it in certain ways. The licensee may not: work around any technical limitations in the App source software, decode, decompile or disassemble the App source software, except for the cases in which such activity is expressly permitted by applicable law, despite this limitation, make multiple copies of the App source software than specified in this agreement or allowed by applicable law, despite this limitation, publish the App source software to allow others to copy, use the App in conflict with the law, grant App software source rent, lease or loan, or use it to provide commercial hosting services.
The SmairtHero brand and its logo, registered at the SIAE, are the property of MAIS Srl. The above trademarks and any other trademark of SmairtHero properties, can not be used without the prior written consent of SmairtHero, owner of the trademark. All intellectual property rights on the App, including copyright, trademarks, designs, are the exclusive property of SmairtHero or used by SmairtHero under license agreements.
SmairtHero not be liable for technical problems whose cause is beyond the scope of their responsibilities, or for damage caused by force majeure. SmairtHero assumes responsibility only in cases of premeditated actions and gross negligence, as well as for breach of contract, in the latter case only for typical and foreseeable damage. The conditions on the responsibilities remain unchanged. SmairtHero not as guarantor for the interruption of data availability and is free to determine the period of time required for the technical work. Neither corporate officers, directors, officers, employees, agents and the SmairtHero advisors nor any other Licensor of SmairtHero, can be held responsible for events and / or damage that may result to the licensee and / or any third party from ' use of this app and / or the content. SmairtHero despite their continuous efforts to improve the product offered, can not guarantee the accuracy or timeliness of the content available on the App SmairtHero. SmairtHero is also not responsible for damage resulting from any interruptions, suspensions, delays or anomalies in the service dependent on the supply of electricity or telephone service, or by other causes related to the medium through which the content is transmitted, not directly dependent on SmairtHero or attributable to it.
SmairtHero reserves as of now the right to terminate the access of a licensee with one week's notice and cancel their app. You may communicate its cancellation with the same notice. This right of termination without notice for sound reasons remains unchanged.
Arbitration clause pact with the Conciliation
Any dispute between the parties relating to or arising from, this report will be submitted to an assisted conciliation procedure conducted by a single conciliator appointed, upon request made to the appropriate section for the territory of the Italian Delegation and proceed according to the Conciliation Rules assisted in force at that time of the Mediation Center for Europe, the Mediterranean and the Middle East, based in Strasbourg, which will be managed by that section. If the attempt at conciliation to a successful conclusion, the conciliation report signed by the parties will be worth what definition of the dispute between them and potential. Where the signatures on said verbal be authenticated by a notary, it may be obtained more smoothly run by court of bonds arising therefrom. If the attempt does not take place, or a negative reaction conciliation, any dispute arising from said relationship between the parties, shall be referred to the decision in a ritual way of a sole arbitrator, who will be appointed and will proceed according to the rules of arbitration and Rules of the European Court of Arbitration (which is part of the European Arbitration Center based in Strasbourg) in force at the date of filing of the request and that the adoption of this clause constitutes acceptance. Seat of arbitration proceedings: Torino Language of the proceedings: Italian substantially Applicable law: Italian
In case of non-use of conciliation, any dispute arising from this contract or in connection with it will be pleaded by the court of Turin.
Changing the Terms of Service
The general conditions for the use of SmairtHero are currently applicable. Licensees registered are notified of changes by e-mail. Licensees can download the current terms and conditions on your computer and print them.
The general conditions have been stipulated under Italian law.
Information on the processing of personal data (art. 13 Legislative Decree no. 196/2003)
Registered user SmairtHero. SmairtHero in his capacity as holder of your personal data, pursuant to and by effect of Legislative Decree no. 30 June 2003 n. 196 ( 'Code concerning the protection of personal data'), hereinafter 'Privacy Code', hereby informs you that the aforementioned regulation provides for the protection of persons and other subjects regarding the processing of personal data and that such treatment It will be based on principles of correctness, lawfulness, transparency and protection of your privacy and your rights. Your personal data will be processed in accordance with the laws of the aforementioned law and the privacy obligations therein. Finality of treatment: particularly Your data will be used for purposes related to the implementation of the following fulfillments, relative to legislative or contractual obligations:
The treatment of functional data for the completion of these obligations is necessary for a correct management of the relationship and their contribution is required to implement the above-mentioned purposes. The holder also makes it known, that any non-communication or miscommunication, one of the mandatory information, it can cause the impossibility of the Holder to guarantee the congruity of the treatment itself. The indicated processing purposes, the owner can become aware of sensitive data as defined under the Privacy Act, and in particular: Log File Internet Navigation, Health status. Your sensitive data being processed are only those strictly pertinent to the obligations, duties and purposes described above and will be treated in accordance with the guidelines contained in the relevant General Authorization of the Guarantor.
Your personal data may be processed as follows:
- Trust to third processing operations
- Organization or even comparison of data from different public and private databases
- Creating profiles on clients, suppliers or consumers
- Processing of data collected by third parties
- Collection of data by computer or telematic
- Temporary treatments aimed at a rapid aggregation of data or their anonymization
- Processing through electronic calculators
The SmairtHero Device Owner, being aware that rescue call calls transmitted to the Operations Center, will be recorded for the purpose of improving the quality of service and security (in case the rescue request was generated by the An offense against the User itself), hereby AUTHORIZES the registration of the call for intervention of the Operations Center. It also prohibits the use in contexts that undermine personal dignity and decorum. The use of recordings is to be considered in free form. The registration of the rescue call application will not be published or disclosed in any way, except for the request solely received by the Judicial Authority.
Your data will be stored at our headquarters and will be communicated only to those subject to the performance of services necessary for the proper management of the relationship with the protection of individual's rights. Your data will be processed only as expressly authorized by the Controller and, in particular, the following categories of subjects: Administration Office.
Your personal information will not be disclosed in any way. Your personal data may also be transferred, limited to the above described, in the following states: Italy and other European Union states.
The owner of the data treatment, according to the Law, is MAIS Srl (based in VIA GIUSEPPE MAZZINI 20 CAP 34121 - TRIESTE (TS)); email firstname.lastname@example.org in the person of its legal representative Sacchi Ilario.
Those responsible for the processing of your personal data are:
MAIS Secretariat (e-mail: email@example.com)
You have the right to obtain from the cancellation, communication, updating, rectification, integration of personal data concerning you, and generally may exercise all rights under article 7 of the Privacy Code a copy below.
Legislative Decree no.196 / 2003 Art. 7 - Right to access personal data and other rights.
You have the right to obtain confirmation of whether or not personal data concerning him, though not yet recorded and their communication in intelligible form.
You have the right to obtain the indication of personal data the purposes and methods of processing the logic applied in case of treatment with the help of electronic means of identifying the owner, manager and the representative appointed Article 5, paragraph 2 of the persons or categories of persons to whom the data may be communicated or who can learn about them as appointed representative in the State, managers or agents.
You have the right to obtain updating, rectification or, when interested, integration of data; the cancellation, the transformation in anonymous form or the block of data processed in violation of the law, including those which need not be kept in relation to the purposes for which the data were collected or subsequently processed; certification that the operations referred to in points a) and b) have been brought to knowledge, also as regards their content, of those to whom the data have been communicated or distributed, except in the case where this proves impossible or involves a disproportionate use of means with respect to the protected right.
You have the right to object, in whole or in part for legitimate reasons the processing of personal data, pertinent for collection purposes to the processing of personal data for purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.
Consent to the processing of personal data
The person providing the information supplied by the data controller in accordance with Article 13 of Legislative Decree no. 196/2003: Consent to treat the common data for activities essential for the continuation of the relationship: give my consent to the processing of personal data for the purposes indicated in the above information as necessary to allow the holder a proper management of the relationship and a proper treatment of the same data.
Consent to the treatment of sensitive and / or judicial: aware that the processing may be for some sensitive or judicial data defined in art. 4 paragraph 1. d) and e), and article 26 of the D.lgs 196/2003, and in particular: Internet Navigation Log File, Health Status, gives his free consent to the processing of sensitive personal data as selected by such disclosure, however limited to the fulfillment of any other condition imposed by law.