BOOSTWEBS – General terms and conditionsen

By accepting these Terms and Conditions you agree that:

·      the complete entry of the required data in the form (“Form”) of the free trial version and the signing in electronic mode (via the corresponding button) amounts to the contractual consent of this document and the appendices;

·      the subscription to the service only after receipt of the from Boostwebs notification of successful activation sent by email (“welcome email”) takes effect;

·      to have read and unconditionally accept all the provisions and clauses contained in this document, which are reproduced in full below;

·      having read, understood and accepted the commercial terms and conditions contained in this document;

·      in accordance with and within the meaning of article 1341 of the Civil Code, having read, understood and expressly accepted the following provisions of the General Terms and Conditions: “USE OF THE SERVICES”; “WARRANTIES”; “UNAUTHORIZED USE”; "COPYRIGHT"; “LIMITATIONS OF LIABILITY”; “ADJUSTMENTS TO THE TERMS”; “CONFIDENTIALITY AND PRIVACY”; “EXPRESS TERMINATION OF THE CONTRACT”; “ASSIGNMENT OF THE CONTRACT”; “VOIDNESS”; “GOVERNING LAWS AND JURISDICTION”; “PERSONAL DATA”; “GENERAL CLAUSES”.

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1.   DEFINITIONS

For the purposes of these General Terms and Conditions and the Appendices, the definitions set out in this article apply.

·      subscription: is the period during which the Customer uses the services of the Platform after completing the registration phase and paying the monthly fee. The cost of the subscription is closely related to the number of activities that the customer has registered in his account.

·      Customer account: is the main account created directly by the customer through which you can manage your subscription.

·      User or user account: are the usage licenses with limited functionality of the service that are activated through the customer account.

·      Investments): are the legally binding documents that can be consulted on the Website, including but not limited to: the Privacy Policy and the Cookies Policy.

·      Activity: refers to one or more of the Customer-managed business activities associated with the Customer Account.

·      Carousel: is the horizontal interface mode to use the widget function. This feature allows the customer to view the 15 best and most recent reviews (with text message).

·      Chat: is the support service included in the Platform, which focuses on the of Whatsapp Third-party service offered through which the customer can communicate directly with a company team member to receive the desired support.

·      Customers): is the natural and/or legal person who uses the service offered by the Company in the course of their business activities.

·      Boostwebs or company: is the company Boostlocals . based in Hauptstr.30, 53175 Bonn , Email: [email protected], sales tax identification number (not specified in accordance with small business regulations).

·      Feed: is the vertical interface mode to use the widget function. This feature allows the customer to post the top 15 most recent reviews (with text message).

·      Features: are the features of the Platform that the Customer can access when browsing the Website.

·      Integrations: is the feature in the Platform that allows the Customer to import the public reviews on third-party websites such as Facebook, Google, TripAdvisor, etc.

·      Interested parties: are the customers and/or users of the customer who are invited to leave a review. You must inform the customer in advance about the purpose of processing personal data and the use of the Boostwebs be informed about the service offered.

·      Free plan: is the one from Boostwebs Free plan offered, which begins upon receipt of the welcome email.

·      Public review(s): are the reviews published on third-party websites and integrated into the Platform.

·      Private Reviews: are the reviews that the customer receives on the platform and which he wishes to keep confidential.

·      Registration: is the phase of registration for the subscription, as described in the “Features of the Service” section of this document.

·      Areas: are the areas of activity.

·      Service: is that of Boostwebs developed innovative system that allows customers to manage, monitor and share public reviews on various platforms, as well as send requests for reviews to interested parties

·      Site: is the domain www.boostwebs.de, the Boostlocals heard.

·      Software and/or platform: is that of Boostwebs developed and marketed platform on the domain app.boostwebs.de is available.

·      General terms and conditions of business: This document regulates the general terms and conditions between Boostwebs, its customers and all associated user accounts.

·      Widget: is a computer function that allows the best and most recent reviews to be published on your company's website via a link provided by the platform.

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2.   SUBJECT

These general terms and conditions and the appendices on the website regulate the contractual relationship between Boostwebs, the owner and holder of the platform, and the customers. Customer's acceptance of the Terms and Conditions and Appendices is a prerequisite for starting the Free Plan and activating the Subscription.

The Customer declares that he has carefully read these General Terms and Conditions and the appendices before submitting the form and starting to use the Service.

The Customer may, without having to sign a paper form, sign these General Terms and Conditions and the Annexes in the sense of full and effective consent, after entering the necessary data in the form and finally selecting the corresponding button.

Selecting the aforementioned button constitutes acceptance of all effects of the General Terms and Conditions and the appendices as well as the regulations contained therein. It is understood that the validity of the acceptance of this document also extends to the registration phase.

By completing the form, the customer also accepts the sending of information by email and/or SMS Boostwebsto facilitate the use of the service.

3.   USE OF THE SERVICE

Boostwebs operates in the IT sector and offers customers the service that allows the customer account to record activities in its own sector and to use the functions described later.

The customer account can manage and aggregate public reviews via the integrations. The best public reviews can be published via widgets on the company website.

In addition, by entering the data of the interested parties and using the “Send link” function, the customer account can send emails, SMS and/or WhatsApp messages to them to request to leave a review.

The customer account can also decide to automatically send the request to leave a review to the interested parties via the “Automate” section.

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4.   FUNCTIONALITY

·      Feedback Manager is the area that allows the customer account to monitor and analyze the public reviews received.

·      My Activity: In this area the customer can add, remove, update and/or manage activities (divided by areas) and integrations.

·      Send Links: With this feature, the Customer sends requests to interested parties to post reviews via email, SMS and/or Whatsapp messages via a link automatically generated by the Platform (the “Link”). Interested parties who click the “Positive Experience” button can decide which third-party website (Facebook, Google, TripAdvisor, etc.) they would like to post their review on. On the other hand, when prospects click the “Negative Experience” button, they will be asked to fill out a form whose responses will be imported into the “Negative Reviews” section. The maximum number of emails you can send per month is unlimited for SMS, emails and Whatsapp messages.

·      Edit Template: This feature allows the customer account to edit the text to be included in the email, SMS and/or Whatsapp message sent via the Send Requests feature. In addition, the customer account can use the “Post for Social” function to customize the templates for posts to be shared on social media channels.

·      Site Widget: In this section, the customer account can use the link to publish the latest best public reviews on the company's website in carousel, feed, pop-up, badge and video modes.

·      Partnership: This is the area where the customer account enters the data of third-party companies that want to use the service. When these companies complete the registration process, the customer account becomes a partner. For each third-party company, the partner receives a commission of 40 % of the corresponding subscription, which the company invoices monthly.

·      Sharing on Social: is the functionality of the platform to share public reviews on social platforms (Facebook and Instagram and others) via “Edit template” to the social profiles of the customer account

·      Analytics: Features to monitor review growth and distribution.

5.   ACCESS TO THE SERVICE

The customer who wants to use the service has two different options that he can use, namely:

1.    Book the demo and then start the free plan;

2.    Start the free plan straight away.

demo

The potential customer can book a maximum 30-minute video conference with a company team member to receive a free demonstration of the service and its features. The booking is made via the third-party website www.calendly.com to which the potential customer is referred. It is noted that the Company is not liable for any malfunction of this website. The data required from the potential customer to book the demo is:

·      First and Last Name;

·      E-mail address;

·      Company website.

The Company reserves the right to send a notice reminding the Customer of the date and time of the scheduled demo.

Probationary period

When the potential customer enters the data requested by the company and clicks on “Try free for 7 days”, he will be given the opportunity (after receiving the welcome email) from Boostwebs to test the services offered free of charge for 7 (seven) days. After this period, if the Customer wishes to continue using the Services, he or she must initiate the registration procedure.

Please note that during this period the Company reserves the right to send email communications using the features described above.

The data required by the customer to start the trial period is:

·      Email and new password (the “Credentials”);

·      First and Last Name;

·      company name;

·      company logo (optional);

·      telephone number;

After completing the data entry at the start of the trial period, the customer can carry out the services.

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6.   REGISTRATION, VERIFICATION, TERMINATION

Registration and verification

The registration process begins only after the end of the trial period and ends after entering the payment method via “Add Card” and completing the registration form (the “Form”). After completing the registration process, the customer will receive an email confirmation of successful registration (the “Confirmation Notice”) and the subscription will be activated. The Customer can access his profile by entering the credentials he has chosen and can continue to use the Services throughout the duration of the subscription.

The following data should be entered into the form:

1.    if the customer is a natural person:

·      First and Last Name;

·      Tax number;

·      Billing address;

·      payment details;

·      Mobile number (alternative).

2.    If the customer is a legal entity:

·      registered office;

·      company name;

·      Tax number;

·      Master data of the legal representative and tax ID number;

·      Billing data: pec SDI code;

·      payment details;

·      Mobile number (alternative).

The Customer is obliged to immediately inform the Company of any changes to the data entered in the form. It is noted that this data is stored in the customer's personal profile and in accordance with the Privacy Policy from Boostwebs which can be found in the “Privacy Policy” section of the website and at the following link www.boostwebs.de/Privacy Policy  can be accessed in full. If the customer wishes to complain about irregularities in the handling of his personal data that he provided during registration or simply request its deletion, he can contact the company at the e-mail address [email protected] and state “REQUEST FOR RESOLUTION OF PERSONAL DATA” as the subject.

Termination

The Customer has the option to cancel the subscription at any time by clicking on the corresponding button labeled “Cancel Subscription”. In this case, the Company reserves the right to ask the Customer specific questions regarding the reasons for canceling the subscription. It is assumed that failure to answer these questions will not prevent termination by the customer. After requesting cancellation, the company will send a confirmation email.

7.   RULES OF CONDUCT AND OBLIGATIONS OF THE PARTIES

After receiving the welcome email, the customer has an obligation to the company:

·      to use the Platform in accordance with the conditions set out in this document and to take all necessary security measures to avoid the disclosure of data to unauthorized third parties;

·      not to reproduce, extract, reverse engineer or reuse any element of the Platform in any form or medium;

·      to use the Software and the Services in accordance with current legislation, in particular with Legislative Decree No. 206 of 2005, the so-called “Consumer Code”, especially with regard to the prohibition of misleading, unfair or aggressive commercial practices, and the data protection provisions of the Regulation ( EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and legislation on intellectual property, image rights and e-commerce.

Both the company and the customer undertake, within the scope of their responsibilities:

·      to take all security measures required by law to ensure the protection and security – physical and logical – of your documents, data and/or information and, more generally, of your computer system;

·      in accordance with the legal provisions on the protection of safety at work (Legislative Decree 81/08 and subsequent amendments and additions), on the protection of personal data (Legislative Decree 196/03 and subsequent amendments and additions and EU Regulation 2016/679 – hereinafter “ GDPR”), to work for the civil and criminal protection of programs, data, computer systems, electronic communications and databases and to supervise the work of its agents;

·      to provide the relevant tax and administrative authorities with all information that may be necessary in view of the digital storage of the specified documents related to the services and this document.

The Service and all rights therein are and remain the property of the Company, which does not intend to transfer any rights in the Services to the Customer by entering into these Terms and Conditions.

The customer undertakes to comply with and fulfill the obligations arising from the use of the services in good faith and with the care of a prudent family man.

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8.   COMPENSATION

In consideration for the preparation, administration and delivery of the Services, Customer agrees to pay Company a monthly fee for any activity related to Customer's account (the “Fee”).

The Company may use vouchers, discount coupons and/or functional promotions to adjust and/or differentiate the amount of the fee.

It is stipulated that the invoicing of the consideration will be made by the Company within 12 (twelve) days from the activation of the Subscription, which will also verify the accuracy of the data entered by the Customer (the “Verification”), and if an error is found, it will be communicated to the customer for appropriate correction.

Terms of payment, default and termination

The customer is obliged to pay the fee on a monthly or annual basis using the payment method specified during registration.

The Customer is granted the opportunity to withdraw from the Service and terminate the Subscription by activating the cancellation process as explained above.

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9.    TERM OF THE CONTRACT

The contract has a monthly term and is automatically extended by the agreed term (1 month), unless the customer opts for the termination procedure described above. The customer's right to terminate the contract for good cause remains unaffected.

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10.                SERVICE MANAGEMENT

The Company provides its services, with the organization of means and management, at its own risk, in a professional manner, in accordance with the quality standards and technical characteristics suggested by normal commercial practice in relation to activities such as the subject of the service itself . The Company undertakes to carry out all activities necessary, appropriate or useful for the preparation, organization and management of the Services for the benefit of the Customer, in accordance with the principles of fairness.

Auxiliary staff

To carry out all activities necessary, expedient or useful for the preparation, organization and management of the Services, the Company and the Customer may use their own trusted employees or employees. In this regard, the parties are each responsible for the work of their own assistants. All economic and legal relationships exist directly and exclusively between each party and its auxiliary persons.

11.                GUARANTEES

The Customer's warranty rights are governed by the applicable provisions, including those relating to the licensing of the Software, the term and cancellation, and the provision of services related to its operation.

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12.                SOFTWARE SAFETY AND WARRANTY

To ensure the proper functioning of the service and in particular the security of the data loaded and stored on its software, use Boostwebs Anti-intrusion software and protocols.

If the customer has problems with the operation of the software, he can request support via the chat or he must send a corresponding message by email to [email protected] Send an email providing the details describing the problem.

Boostwebs reserves the right to resolve the problem presented by the customer directly or through third parties designated for this purpose.

Guaranteed for the duration of the contractual relationship Boostwebs provides the customer with the necessary support for the software.

It is understood that Boostwebs is not liable for damages that arise directly or indirectly to the customer if these damages are due to intent or gross negligence on the part of the customer.

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13.                WARRANTY LIMITATIONS

The warranty is deemed to be void, except in cases of willful misconduct on the part of Boostwebs, does not expressly cover compensation for damage and/or malfunctions resulting directly or indirectly from:

·      accidental events or acts of God (such as floods, building collapses, natural or biological events, etc.);

·      Misuse of the Software (such as, but not limited to: tampering with it or using it for any purpose other than using the Services);

·      intentional misconduct, negligence, inexperience, recklessness on the part of the customer;

·      temporary interruption of the operation of the Software due to periodic and necessary maintenance;

The customer releases Boostwebs for itself and its legal successors from any liability for “consequential damages” or “lost profits”, such as: B. Loss or lost income resulting from unavailability or downtime for the time necessary to repair, maintain and/or update the Software.

14.                UNAUTHORIZED USE

Customers are not allowed to:

·      reverse engineer, disassemble and/or modify the Software, create derivative works based on the code of the Software or any part thereof;

·      Bypass computer systems used by Boostwebs and/or its licensors are used to protect the content of the Software and Customer Documents;

·      copy, store, modify, alter or alter in any way the contents of the Software;

·      use any robot, spider, website search/retrieval application or other automated device, process or means to access or retrieve technical specifications of the Software;

·      resell, rent, license or sublicense the Services without Company’s prior consent;

·      distribute or publish any illegal, obscene, unlawful, defamatory or inappropriate Content and/or otherwise off-brand Boostwebs to place;

·      other services with the same or similar specifications as those of Boostwebs to publish and promote offers;

·      false or defamatory information about Boostwebs and pass on its services to third parties;

·      the of Boostwebs use the Services offered in any other unauthorized manner that violates these Terms and the content of any additional documents on the Website;

·      respond to public and/or private reviews containing inappropriate, illegal, obscene, unlawful and/or offensive content;

·      use language that is offensive, misleading and/or glorifies violence when processing the request to publish a review in the relevant “Edit Template” section;

·      violate applicable regulations in the above matters;

If the customer's actions violate the above regulations in form and content or compliance with them poses economic, reputational or legal risks Boostwebs create, retain Boostwebs reserves the right to immediately stop providing services to the Customer. In such a case sends Boostwebs send an email notification to the customer detailing the reasons for discontinuing services.

15.                COPYRIGHT

The Customer is aware that the Company is the sole owner of the intellectual property rights related to the Software (including the trademark rights, the copyrights in the texts and graphical interfaces of the Company and, in general, in all materials and processes used in the exercise the Company's business activities) and that these rights are protected by the laws applicable in this context (including the laws on the protection of industrial property, copyright and competition).

Any use not related to this Agreement or any use after the expiration, termination or other termination of the contractual relationship will therefore be deemed to constitute a violation of the Company's rights.

All brand names, whether figurative or written, and all other marks, trade names, service marks, word marks, illustrations, images, logos appearing on behalf of Boostwebs registered and relating to the Services or Software are and shall remain the exclusive property of the Company or its licensors, in accordance with applicable national and international intellectual property laws.

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16.                LIMITATIONS OF LIABILITY

Boostwebs is liable within the framework of the applicable regulations for contractual and non-contractual damages incurred by the customer or third parties, only if these represent a direct and direct result of intent or gross negligence. The customer liberates Boostwebs expressly disclaims all liability, to the extent permitted by applicable law, in relation to damages or claims, own and/or from third parties, of any kind and nature, including direct or indirect damage to persons or property, damage for loss of profits, damage to reputation, loss of data , replacement costs resulting from the customer's failure to comply with or violate these Terms.

If the Company is unable to guarantee the use of the Services due to an impossibility that becomes apparent, it will immediately notify Customers in writing, specifying whether the impossibility is total or partial.

In the first case, the contractual relationship is considered legally terminated in accordance with Section 326 of the German Civil Code (BGB), although the scope of services for the contracts agreed and regularly paid up to this point in time is guaranteed.

In the second case, at the request of the customer, the company will continue to carry out the part of the service that can still be performed, with the user being entitled to a corresponding reduction in the fee in proportion to the duration of the hindrance and the remaining usability of the services during the period of partial performance.

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17.                ADJUSTMENTS TO TERMS

Boostwebs reserves the right to change the provisions of this document and the appendices at any time and for the reasons it deems appropriate.

Any changes will be communicated to the customer by email and/or by posting on the website. Changes will come into force on the first day of the first month following the month in which the Company has notified them in writing to the Customer, unless legal regulations or administrative measures require or result in an earlier or later entry into force.

In the event of a disagreement, the Customer may withdraw from this document and the Service free of charge by sending a notice by email, which must be received by the Company no later than fifteen calendar days after receipt of the notice of change to the Conditions.

In this case, the withdrawal will be effective at midnight of the day preceding the day on which the changes would otherwise have taken effect.

In the event of withdrawal, the Company will only invoice the Customer for the services that were offered to the Customer up to the date of withdrawal.

The customer automatically accepts the new conditions if he decides to carry out the service after changing one or more parts of the above documents Boostwebs to continue to use or have used.

18.                CONFIDENTIALITY AND PRIVACY

Each party undertakes to maintain - and to ensure that its assistants maintain - absolute confidentiality and secrecy with respect to all aspects, messages and information relating to the other party's business and which it has during the term of the contractual relationship become known, including, but not limited to, any news or information relating to the organization, know-how, clientele, services, products and the contractual conditions applied.

19.                EXPRESS TERMINATION OF THE CONTRACT

Boostwebs has the right to terminate the contractual relationship in accordance with the relevant paragraphs of the Civil Code if the following events occur that qualify as a serious breach:

(a) using false credentials, false documents or otherwise not traceable to the Customer, including providing promotional codes/conventions without being authorized to do so in accordance with Section 123 of the German Civil Code (BGB);

(b) non-payment or delay in payment of amounts due within the time frame set forth herein in accordance with Section 286 of the German Civil Code (BGB);

c) if, despite a written warning, the customer does not remedy a serious violation of these terms and conditions or does not immediately eliminate the consequences that have already occurred in connection with such violations;

d) in the event of improper use by the customer of the benefits arising from the allocation of certain conventions or agreements between Boostwebs and third parties;

Termination takes place by written notification to the contact details provided by the customer during registration or subsequently updated. In any case, the right of action remains Boostwebs unaffected for further damage.

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20.                ASSIGNMENT OF THE CONTRACT

Boostwebs reserves the right to transfer, assign, dispose of by assignment or subcontract all or any of its rights or obligations under these Terms and Conditions, provided that Customer's rights hereunder are not affected.

The Customer may not exercise its rights and obligations under these General Terms and Conditions without the written consent of Boostwebs assign or transfer.

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21.                COMMUNICATION

Any communication regarding the Services should be made using the following contact information:

E-mail: [email protected]  

Address: Hauptstrasse 30, 53175 Bonn

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22.                VOIDANCE

If any provision of these General Terms and Conditions is deemed to be void, voidable or generally ineffective, this shall not affect the nullity, voidability or ineffectiveness of the remaining provisions contained herein, which shall remain in full force and effect.

The invalidated provision of these Terms shall be modified in good faith to conform to the requirements for revalidation or the criteria for reconciled legality, and shall be deemed effective ab initio after modification.

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23.                GOVERNING LAWS AND JURISDICTION

Any dispute relating to the performance, compliance, interpretation and validity of these General Terms and Conditions and the Appendices shall be governed by European law. Boostwebs and the Customer undertake to make a prior attempt at mediation by sending a notice to each other's address setting out the details of the dispute. If the attempt at mediation within 60 days of the aforementioned request is unsuccessful, the aforementioned parties undertake to submit the dispute to the jurisdiction of the German courts within the framework of applicable law.

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24.                PERSONAL DATA

Both the Company and the Customer, as independent data controllers, undertake to process the personal data of which they become aware within the framework of this contractual relationship in full accordance with the purposes of the service and in any case in the manner and under the to process conditions required by law (primarily by Article 13 of the GDPR). The Company, as the Controller of Customer Data Processing, undertakes to process the personal data acquired in the context of the provision of the Services in the manner and for the purposes set out in the Privacy Policy, which is available in full on our website www.boostwebs.de can be viewed.

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25.                GENERAL CLAUSE

Use of the Service constitutes full acceptance of these Terms. By accepting these Terms and Conditions, the Customer declares that he has read and understood the content of the Terms and Conditions. He also declares that he will adhere to the prescribed usage limits.

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26.                SUPPORT – CUSTOMER CARE

If the Customer encounters any problems while using the Service or wishes to take advantage of any of the associated guarantees, he can report them via the support chat or he must Boostwebs send a notice with the details of the problem to the following addresses:

E-mail: [email protected] 

ADDITIONAL AGREEMENT DATA CONTROLLER

ASSIGNMENT OF THE DATA CONTROLLER

The User (hereinafter “Owner” or “Customer” or “Data Controller”), by expressly accepting the General Terms and Conditions of Boostwebs (hereinafter “Provider” or “Data Processor”) this Additional Agreement on the processing of personal data, which constitutes a necessary part of the relationship between the parties. This Additional Agreement is signed in accordance with Article 28 of Regulation 679/2016 and regulates the manner in which the Data Processor processes Personal Data on behalf of the Data Controller. The Data Controller and the Data Processor may also be referred to individually as a “Party” and collectively as the “Parties”.

WHILE

·      Processing of personal data by the data controller is listed in the register of processing operations maintained by the data controller;

·      For some processing operations, the data controller uses the cooperation of the supplier;

·      Suppliers carry out the processing of personal data on behalf of the data controller as part of the services offered by the data controller, as further specified in the relevant contract;

·      The Data Controller and the Provider have signed an agreement for the provision of an integrated web and tablet system for creating, managing and submitting verification requests (“Service”), of which this document forms part;

·      With reference to the service provided by the Provider, the latter may process personal data owned by the Data Controller, in particular general data (first name, last name, contact details) of the Owner's end customers;

·      The purpose of the processing is to provide a technical solution that allows the Owner to use the Service;

·      According to Article 28 paragraph 1 of Regulation (EU) 2016/679, General Data Protection Regulation (hereinafter “GDPR”), “If processing is carried out on behalf of the data controller, the latter may only use responsible data.”

·      The data controller has verified that the provider, again in accordance with Article 28(1) of the GDPR, “provides sufficient guarantees that appropriate technical and organizational measures are taken to ensure that the processing complies with the requirements of the Regulation and ensures the protection of the rights of the data subject is".

·      The Data Controller appoints the Provider as “PERSONAL DATA CONTROLLER” (hereinafter also simply referred to as “Processor” or “Data Processor”) in relation to the personal data that the Provider may process in the exercise of its activities and that will be entrusted to it in the future can.

In accordance with the GDPR, the activity of the data processor is regulated as follows:

1. DURATION

This engagement is valid for the duration of the relationship between the processor and the data controller and is automatically deemed revoked in the event of its termination.

2. PURPOSE OF PROCESSING

 The data entrusted to the Administrator as part of the activities entrusted to him for the use of the Service may only be processed for the purposes indicated in the order placed and/or in the contract concluded with the Owner. In particular, the Data will be processed by the Provider only for the purpose of ensuring the provision of the Service to the Owner, which in any case remains the only entity obliged to communicate to the End Customer the purposes and consent to the processing and disclosure of the Data to be obtained from third parties.

3. METHODS OF PROCESSING

The data can be processed on paper or in digital form, depending on the activity, provided that the instruments are properly identified and inventoried by the manager and systematically communicated to the owner for approval. The data is stored in particular with the help of the software platform Boostwebs processed.

4. DUTIES AND TASKS OF THE RESPONSIBLE PERSON

The Data Processor, as set out in Article 28 of the GDPR, undertakes to:

a.     to process the personal data entrusted to it only upon documented instructions from the data controller, including in the case of transfer of personal data to a third country, unless the law provides otherwise. In this case, the responsible body is still obliged to inform the data controller;

b.    To ensure that those authorized to process are obliged to maintain confidentiality or have an equivalent legal obligation of confidentiality. For this purpose, the responsible party shall regularly verify that the responsible persons: (i) carry out the processing in a lawful and correct manner and solely for the purpose of providing the services covered by the contractual relationship between the parties; (ii) process personal data solely for purposes related to the tasks assigned to them; (iii) not disclose or disseminate personal data without the prior authorization of the data controller; (iv) in the event of a work interruption, even temporary, to verify that the personal data processed are not accessible to unauthorized third parties; (v) keep the authentication data strictly confidential; (vi) comply with the security measures required by the data controller and/or the data processor;

c.     ensure adequate and demonstrable training of those authorized to process data in accordance with Article 29 of the General Data Protection Regulation;

d.    in accordance with Article 32 GDPR, to take all appropriate technical and organizational measures, taking into account the state of the art and the implementation costs as well as the nature, subject matter, context and purposes of the processing as well as the different probability of occurrence and severity of the risk to rights and freedoms of natural persons, to ensure a level of security appropriate to the risk in order to minimize the risk of destruction or loss, including accidental loss of the data themselves, unauthorized access or processing that is unauthorized or not in accordance with the purpose of collection

e.    to inform the data controller in accordance with Article 28 GDPR if it is necessary to use another data processor;

f.     Assisting the data controller in complying with the legal obligations referred to in Articles 32 (Security of processing), 33 (Notification of a personal data breach to the supervisory authority), 34 (Notification of a personal data breach to the data subject), 35 (Data protection -impact assessment) and 36 (prior consultation), taking into account the nature of the processing and the information available to the data controller.

G.    to ensure the updating, modification and rectification of personal data when this is necessary for the purposes of the processing and, at the request of the data controller, to delete or immediately return, without retaining copies, all personal data and existing copies held by the controller unless otherwise expressly agreed or provided for by law. In any case, personal data must be deleted and/or destroyed, as required by law (e.g. “wiping” for digital data), when the purposes for which the data were collected and processed have been achieved and are not legal There is an obligation or need for further storage;

H.    to allow the Data Controller to exercise the power of control provided for in Article 28 of the GDPR: in this context, to provide the Data Controller with all the information necessary to demonstrate compliance with the obligations of this Addendum and compliance with legal obligations, and to carry out verification measures ( Audit) by the data controller or by third parties commissioned by him to verify compliance with these data processing methods and compliance with legal requirements. The Data Controller has the right, with at least 20 (twenty) working days' notice, to verify, including at the Data Controller's premises, whether the procedures adopted by the latter comply with those specified in this Addendum or those required by law;

i.      oblige to comply with the General Regulation of the Guarantor of Personal Data Protection of November 27, 2008 “Measures and expediencies required of the owners of data processing operations carried out using electronic tools with regard to the allocation of the functions of the system administrator” as amended the Guarantor's Order of June 25, 2009 “Amendments to the Order of November 27, 2008 on rules for owners of data processing operations carried out using electronic means, with regard to the allocation of system administrator functions and the extension of the deadlines for their fulfillment”, amended or replaced by the same guarantor, as well as any other relevant action of the Authority;

j.      To cooperate in the precise application of the law, including through regular meetings, and to act independently within the framework and within the limits of their duties, but always in accordance with the guidelines established by the data controllers.

5. MONITORING

 The Data Controller may monitor the timely compliance with the instructions given to the Data Processor and verify that the experience, capacity and reliability requirements that guided the appointment of the Data Processor continue to be met.

6. INJURY

The Data Processor is hereby informed that he will be considered a Data Controller if he violates the provisions of the law by independently determining the purposes and means of the processing or by disregarding the instructions received from the Data Controller;

7. SUPPORT TO THE DATA CONTROLLER IN THE EVENT OF A DATA BREACH

In the event of a breach of personal data protection, the provider undertakes to inform the data controller immediately as soon as it becomes aware of the breach. The Provider will assist the Owner by initiating a preliminary analysis aimed at collecting data about the anomaly and creating an event log containing all information collected and available at that time, such as, but not limited to:

·      Date of the event, also the alleged date of the violation (in this case it should be specified)

·      Date and time when the violation became known;

·      source of reporting;

·      Type of breach and information affected;

·      Description of the abnormal event;

·      number of people affected;

·      Number of personal data allegedly breached;

·      Indication of the date, including the alleged date of the violation and the time when knowledge of a violation was obtained;

·      Indication of the location where the data breach occurred and whether it occurred through loss of devices or portable media;

·      Brief description of the affected data processing or storage systems, indicating their location.

8. CONFIDENTIALITY

 The Data Processor undertakes to keep strictly confidential and all information about the other party and/or those involved in the processing of personal data and/or products, services, organization, business or technical strategy received from the other party or of which it has become aware during the execution of the contract in connection with the service (hereinafter referred to as “confidential information”), shall be treated confidentially and used only for the fulfillment of the contractual obligations. The Responsible Party agrees not to use the Confidential Information outside the purposes provided for in this Agreement or to disclose it to parties not provided for in this Agreement without the written consent of the Owner. The Administrator will take all necessary measures not to disclose or make accessible in any way to third parties the confidential information of the Owner and/or interested parties and will, in any case, be directly liable to the Owner for any breach of the confidentiality obligations established in this article by its employees and/or subcontractors. The provisions of this Article shall not apply or shall not apply to any individual information which the Data Controller can demonstrate (i) has already become public knowledge for reasons other than the breach by the Data Controller itself; (ii) was already known before it was received by the data controller; (iii) was disclosed or disclosed in compliance with a lawful government order or pursuant to a legal obligation. Confidential information shared remains the property of the data controller. At the written request of the owner himself, this information must be returned or destroyed by the responsible party.

9. CHANGES AND ADDITIONS

The parties have the right to make necessary changes and adjustments to this Agreement at any time, including to comply with regulatory updates. Requests for changes will be communicated to the manager by registered mail with acknowledgment of receipt or by certified email. Following the aforementioned change request, the Manager has 60 days to withdraw from the Agreement. After this period, the changes are deemed to have been accepted by the data processor. For anything not expressly provided for in this Agreement, we refer to the applicable general provisions on the protection of personal data.

10. APPLICABLE LAW

 In the event of any dispute regarding the validity, interpretation, performance and termination of this Addendum, the parties agree to seek a fair and amicable settlement between themselves. If the dispute cannot be resolved amicably, it will fall within the exclusive jurisdiction of the judicial authority of the Court of Rome. Italian law shall apply to the resolution of any dispute regarding the validity, interpretation, execution and termination of this Agreement.

It is understood that this order does not give rise to the Contractor's right to any specific remuneration and/or compensation and/or reimbursement arising from this order, beyond what is already provided for in the General Terms and Conditions.