1. What is the Privacy Notice
This notice is provided pursuant to Article 13 of Legislative Decree no. 196/2003 (“Personal Data Protection Code”, hereinafter “Code”) to those who use the web services of Emodial Srl (“Emodial”), accessible at the address www.exitpocketwp.it (“Site”) and relates to all personal data that Emodial collects and holds about its users and their accounts, while it does not apply to data collected by other websites accessed by the user through links to external third-party pages that may be present on the Site owned by Emodial.
Should the visitor access another website through the aforementioned links, where present, any processing of personal data and/or access to such different and additional sites compared to the website owned by EMODIAL will be governed by the conditions present on those sites, therefore Emodial invites users to consult the information on the processing of personal data applicable to the visited site.
By accessing and using this Site, the visitor acknowledges and accepts the terms of use and the criteria for processing personal data as defined below.
2. Methods and/or Conditions of Data Processing
EMODIAL is committed to protecting the privacy of the Site’s visitors in accordance with the provisions of Legislative Decree 196/03. In this regard, EMODIAL informs visitors of the possibility that EMODIAL may provide third parties of proven reliability with statistical data on its customers, sales, type and frequency of access to the Site, without however providing third parties with any personal data of the visitors.
The Site can be visited without having to provide any personal data. In some cases, however, if the visitor intends to request services or information, EMODIAL may, through a specific notice provided at the time of subscription to the service or request for information and solely for the purpose of providing such services and/or information, request the interested visitor to communicate some of their personal data. Pursuant to Article 13 of Legislative Decree 196/2003, any personal data collected by EMODIAL through the Site may be processed by EMODIAL in order to respond to questions and requests for information made by visitors. By way of example, EMODIAL may request the visitor’s personal data such as name, address, email contact and telephone number. Providing data is optional, however, the visitor’s refusal to provide such data may result in EMODIAL’s inability to fully and accurately execute the service or request for information made by the visitor.
EMODIAL will not disclose personal data to third parties without the prior consent of the data subject, except in cases where such communication is essential to provide a service or satisfy a request made by the visitor or is necessary as a result of an order or provision of the competent authority. Third parties to whom personal data may be disclosed will process the data of the data subject exclusively for the purposes indicated above, and will be required to comply with strict policies and conditions regarding the protection and processing of such personal data.
The processing of personal data may be carried out by Emodial also through IT or telematic means in any case suitable to ensure the security and confidentiality of the personal data being processed. However, the visitor acknowledges that the very communication of personal data through websites presents risks related to the disclosure of such personal data and that no system is completely secure or tamper-proof and/or intrusion-proof by third parties.
Pursuant to Articles 31 and following of Legislative Decree 196/03, EMODIAL has adopted all reasonably necessary security measures to prevent and/or limit the risks of unauthorized access or processing of the personal data of the data subjects.
As soon as personal data are no longer necessary for the purposes for which they were collected, Emodial proceeds to their deletion, unless the law provides for storage obligations or the user has consented to processing for a longer period or to their storage.
3. Purpose of Processing
The data are processed exclusively for the purposes for which they are collected, as described below.
Primarily, Emodial uses the data provided by the data subjects to:
- manage orders and carry out related activities (e.g., communications with the customer about the status of the order, responses to their requests for information, payment management, etc.);
- manage user accounts in case of registration on the Site to use the related services;
- allow subscription to specific and additional services, such as receiving newsletters for communication of promotional offers and other informational services, or for conducting statistical activities and/or market research.
For all the purposes mentioned above, Emodial may appoint external providers to whom only and exclusively the data strictly necessary for the performance of the assignment are transmitted.
Providing data for the purposes referred to in points 1 and 2 above is essential for the completion of the sale and the delivery of products and services purchased on the Site and/or for registration on the same, therefore the user’s refusal to give consent for the corresponding Processing makes it impossible for Emodial to execute the requested services related to the purchase of goods and services on the Site and registration on the Site itself.
Providing data for the purposes referred to in point 3 (newsletter for promotional, informational or research purposes) is optional and refusal to give the related consent to Processing still allows the contractual relationship with Emodial to be executed to provide the services referred to in points 1 and 2 above, but will result in the inability to be updated on commercial initiatives and/or promotional campaigns, to receive offers or other promotional material and/or to send personalized offers to the user. If such consent has been given by selecting the “Subscribe to Newsletter” box, Emodial may send the user advertising or promotional messages, using all the contacts provided by them, within the limits provided by the Code and without prejudice to the user’s right to deny such use at any time.
In relation to points 1 and 2 of the paragraph “Purpose of Processing”
√ I authorize the processing (consent is mandatory to allow the user to receive the requested services)
4. Nature of Processed Data
The personal data processed by Emodial are data collected (1) as provided directly by the data subject; (2) as collected automatically.
- The data provided directly by the data subject are all personal data entered on the Site (to browse, to make online purchases or for any other reason) or that are otherwise provided to Emodial in any way. Any interested party, within the limits of the law, can decide not to allow the processing of all or part of their data, although such exclusion may limit or exclude the use of some of Emodial’s services.
- The data collected automatically are the browsing data of the site’s users acquired through the so-called “cookies” used by Emodial. More precisely, the computer systems and software procedures used to operate the website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. These are information that, generally, are not collected to be associated with identified data subjects, but which by their very nature could, through processing and association with data held by third parties, allow users to be identified. Reference is made to sections 7, 8, and 9 of these Conditions for the complete regulation of this method of data acquisition and processing.
5. Rights of Data Subjects
Each visitor whose personal data are processed by EMODIAL has the right to exercise the rights provided for by Article 7 of Legislative Decree 196/03 and, in particular:
- the right to obtain confirmation of the existence or otherwise of personal data concerning them, even if not yet registered, and their communication in an intelligible form;
- the right to obtain the indication: a) of the origin of the personal data; b) of the purposes and methods of processing; c) of the logic applied in case of processing carried out with the aid of electronic instruments; d) of the identification details of the owner, managers and the designated representative pursuant to Article 5, paragraph 2 of Legislative Decree 196/03; e) of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as designated representative in the territory of the State, managers or appointees;
- the right to obtain (a) the updating, rectification or, when interested, integration of data, (b) the blocking, deletion, transformation into anonymous form of data processed in violation of the law, including those for which storage is not necessary in relation to the purposes for which the data were collected or subsequently processed, as well as the attestation that the operations referred to in letters (a) and (b) have been brought to the attention, also regarding their content, of those to whom the data have been communicated or disseminated, except in the case where such fulfillment proves impossible or involves a manifestly disproportionate use of means compared to the protected right;
- the right to object, in whole or in part: a) for legitimate reasons to the processing of personal data concerning them, even if pertinent to the purpose of collection; b) to the processing of personal data concerning them for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
6. Data Controller and Data Processor
The data controller is Emodial Srl, with its registered office at Via Finati, 44124 Ferrara, Tax Code/VAT No. 01368670384. Registered with the Ferrara Companies Register, REA Number: 151693 – Email address: info@emodial.it
The seller of the products and owner of the Site is: Emodial Srl, as identified above.
To ask any questions or receive any clarification regarding the processing of personal data, as well as to exercise the rights referred to in the previous paragraph of these Conditions (Art. 7 of Legislative Decree 196/2003), the visitor may contact the Data Processor – Human Resources Manager pro tempore by writing to the following contacts:
info@emodial.itinfo@emodial.it / Fax. 0532.978414
7. What are Cookies
Visiting the Site may result in the automatic storage by EMODIAL’s information systems of certain information on the computer and/or device through which the visitor accesses the Site, such as through so-called cookies or similar files, which, however, are stored on the visitor’s computer and not on the Site.
The cookies used by Emodial serve the following purposes: record visitor access for statistical purposes, allow and/or improve the use of the Site by Users (e.g., language selection and/or shopping cart filling), update the Site in light of visitors’ interests and preferences.
Should the visitor decide not to receive cookies or wish to be informed in advance of their transmission, EMODIAL informs the visitor of the possibility to set the visitor’s browser to delete or block cookies (provided that such browser allows it).
A cookie is a small text file sent by a website and stored in the user’s browser while using an Internet site. Cookies can be stored only for the duration of a particular site visit (session cookie) or for a longer period independent of the session (persistent cookie). Cookies operate in conjunction with the content of the Internet site and usually aim to improve usability and web browsing experience. They allow Emodial to know the contents viewed, the choices selected, and any use of the Site by the user. This functionality also allows Emodial to offer the most useful and relevant advertising to each individual user. Emodial may also collaborate with third-party companies using tracking technologies to advertise on the Internet. These companies may collect information, anonymously, about visits to our Site.
8. How and Which Cookies We Use
Currently, the Site uses the following types of cookies with the functions indicated below:
| Name | Type | Purpose and description of cookies |
| Joomla Cookie | Navigation Cookies | The cookies have the exclusive function of recognising logged-in users, allowing navigation of the magazine even in reserved areas. |
| Performance Cookie | Navigation Cookies | The cookies function to save information on inline style sheets to speed up subsequent user visits and offer faster and less costly navigation. |
| Google Analytics | Third-party Cookies |
Emodial uses this type of web analysis service provided by Google Inc. to obtain aggregated statistical information useful for evaluating the use of the website and the activities carried out by the visitor. Google stores the information collected by the cookie on servers that may also be located in the United States. Google reserves the right to transfer the information collected with its cookie to third parties where required by law or where the third party processes information on its behalf. Google will not associate your IP address with any other data held by Google to obtain a more detailed user profile. Further information on privacy management and/or how to refuse or delete this type of cookie is available at the URL: http://www.google.com/intl/it_ALL/analytics/learn/privacy.html. |
| Embedded Content | Third-party Cookies |
Emodial sometimes uses, not consistently, videos from Youtube and Vimeo, content from social networks Twitter, Facebook, Google+, and generally, as needed, embeddable content from other platforms. Emodial cannot control the cookies that these third-party sites deliver, and it is therefore recommended to inquire directly with each third party to have more control over these cookies. Below are some useful links to the cookie policies of the mentioned third parties: |
| DoubleClick | Third-party Cookies | Emodial uses the third-party service DoubleClick to display banners within the pages. The service is used in a basic manner and thus without any behavioural analysis. For more information on the cookies in question, use the following link http://www.google.com/policies/technologies/ads/. |
| Google Fonts | Third-party Cookies | Emodial uses fonts from the Google Fonts service in some parts of the site. For information on the cookies in question, here is the link https://www.google.it/intl/it/policies/privacy/ |
| Facebook Remarketing (Facebook Inc.) | Third-party Cookies | Emodial uses Facebook Remarketing on some pages and not continuously to carry out promotional campaigns. Facebook Remarketing is a Remarketing and Behavioral Targeting service provided by Facebook, Inc. that connects the activity of this online space with the Facebook advertising network. To opt-out, visit this page http://www.aboutads.info/choices/ – For the policy https://www.facebook.com/about/privacy/ |
9. How to Control Cookies
To pursue the aforementioned purposes, or to pursue other purposes, cookies collect and record browsing information, although Emodial’s policy is to leave the choice to the user regarding the use of such cookies. Consequently, if the user blocks or prevents the use of cookies, some functionalities of the Site may be hindered or slowed down or otherwise not be efficient.
By operating on the browser settings, almost all computers allow the user to be notified each time a cookie is sent, or allow the total deactivation of cookies. Their complete deactivation could preclude many functionalities, or the correct navigation or display of the Site or other web pages.
10. General Terms of Service
The sites, domains, and subdomains at the address http://www.exitpocketwp.it are the exclusive property of Emodial Srl.
11. Acceptance of the Terms
These General Terms of Service contain the terms and conditions governing the use of the services offered by Emodial. By accepting these terms during the registration process on the Site, and by using the Site itself, the User explicitly agrees to comply with the Site’s Terms.
12. Modification of the Terms
EMODIAL reserves the right to modify these terms at its sole discretion, at any time and without any notice.
In such cases, the modified terms will be effective from the date of publication at the bottom of this document.
Without prejudice to the ordinary remedies provided by law for non-compliance with obligations arising from the contract or failure to comply with current regulations, Emodial reserves the right to send notices to the User, suspend accounts temporarily or indefinitely, interrupting the provision of all or some of its services, in the event of:
- violations of these General Terms;
- the Site’s inability to verify the authenticity of the information provided during registration or while using the service;
- actions that may cause economic damage or legal liability to the Site or other Users;
- security reasons and prevention of unauthorised access to the Site;
- partial or total cessation of services.
13. Use of the Site
The User explicitly agrees and guarantees that their use of the Site and the services provided will fully comply with the General Terms of Service, and that it will not infringe the rights of any other party, will not constitute a breach of a contractual obligation or a legal obligation towards a third party, and will not contravene current laws. Furthermore, the User explicitly agrees to indemnify Emodial from any liability, towards any party, arising from use of the Site not in accordance with these Terms.
For registration on the site www.exitpocketwp.it, the use of personal or company names as well as fantasy-generated nicknames is permitted, provided the User has the authorisations for the use of the name or domain and such use does not violate any current intellectual property laws. By registering on the Site, the User agrees to indemnify Emodial from any liability, towards any party, arising from the use of personal names, domain names, or company trademarks, not in accordance with current laws.
The User is expressly prohibited from:
- using the Site in a manner that damages, disables, overburdens, or otherwise impairs the functioning of the Site itself or the network(s) to which it is connected;
engaging in any action that may interfere with or prevent the use of the Site by third parties;
attempting to access, by any unlawful means, the Site or information and/or data relating to registered Users and/or computers and networks connected to the Site itself.
Emodial reserves the right to remove at its sole and unquestionable discretion any content that is:
- illegal, defamatory, racist, or slanderous;
- inciting hatred or violence;
- harmful to individuals, institutions, or religions;
- infringing on others’ privacy;
- harmful to minors;
- infringing on trademarks, patents, and content protected by copyright;
- containing third-party personal data;
- promoting commercial activities.
In the event of suspension, temporary or indefinite, the User will not be able to register again with the same credentials associated with the suspended account.
14. Ownership of Content
Unless otherwise indicated, the Site, its graphics, and all texts, images, trademarks, logos, and anything contained on the Site are the property of Emodial, and all rights are reserved.
Emodial, exitpocketwp.it, the logo, and all other trademarks on the Site are registered trademarks and in any case belong to Emodial, or to third parties who have expressly granted the use of the trademark. Nothing contained on the Site can be construed as granting, implicitly or otherwise, a licence or right to use the trademarks without the prior written authorisation of Emodial or another party that owns the trademark.
The aforementioned rights are protected by applicable laws and international treaties on intellectual property protection, and therefore any form of reproduction and redistribution, even partial, of the layout and graphics of the Site, as well as the contents therein, is prohibited and sanctioned civilly and criminally, without the prior written consent of Emodial.
The contents of any nature (texts, images, videos, etc.) provided and uploaded by Users remain the exclusive property of the Users and/or third parties from whom the User has obtained the right to use. By submitting such content, the User also grants the Site the right to use, publish, disclose, duplicate, transmit, display, publicly perform the content.
The User declares and guarantees that the submission of the content and/or its use by the Site does not violate any intellectual or industrial property rights and/or image rights and/or privacy rights and/or secrecy rights of third parties. In particular, the User also declares and guarantees that they have obtained all necessary consents and approvals from any interested third parties, have paid the rights and charges due by law, or contract, to third parties, and that no third-party rights prevent the Site from receiving and using the content under the General Terms.
Consequently, the User agrees to indemnify and hold harmless Emodial from any and all claims, damages, prejudices, costs, or expenses (including legal assistance costs as well as those resulting from any judicial measures issued against the Site) that may be incurred as a result of the User’s violation of this paragraph.
15. Disclaimer of Warranty and Limitation of Liability
To the extent permitted by law and without prejudice to consumer rights, Emodial provides no warranty on the suitability of the site’s content for any purpose, except as otherwise provided for paid services.
Furthermore, it assumes no warranty regarding the accuracy or exclusivity of the site’s content, particularly the content personally uploaded by Users.
The User uses the Site at their own exclusive risk, and Emodial, except for services provided for a fee limited to the purpose of the service itself, cannot be held liable, contractually or extra-contractually, for losses or damages arising from the use of the Site, including, without limitation, any damage (direct, indirect, punitive, or consequential) and any loss (of income, profits, goodwill, data, contracts, use of money), as well as losses or damages arising from business interruption caused by the use or inability to use or the results of using this Site.
16. International Users
Emodial does not guarantee that the information on the Site is correct and, in particular, that the content is available in the same appearance, format, and conditions outside of Italy. The User, residing in a country other than Italy, who visits and uses the Site, agrees to comply with all applicable laws regarding the transmission of data and content in the country where they reside and, if they download information and content from the Site, assumes responsibility for compliance with the legislation in force in the country where they reside.
17. External Sites
The Site contains links and banners to third-party sites that are not under the control of Emodial, and it assumes no responsibility for the content of such sites or for the services they provide. The Site provides such links and banners, but this does not imply any approval or affiliation with the linked site. The linked sites are owned by third parties who manage them independently, and therefore Emodial cannot ensure that the User will be satisfied with their products or services or business practices.
Therefore, it is advisable for the User to carry out all necessary and appropriate checks before initiating any transaction with such parties. This is because through these external sites, remarketing with Google Analytics for advertising purposes may be used, and third-party providers may also use proprietary cookies and third-party cookies simultaneously to inform, optimise, and publish ads based on a user’s previous visits to your website.
Ferrara, 21 March 2017
