GENERAL LICENSE SUPPLY CONDITIONS Premise: in the following clauses, for Software manufacturer means MYTURING DI STEFANO PAPA with headquarters in Castelfranco di Sotto (PI) Via Dello Stadio, 37, subsequently called MyTuring and by Supplier we mean the party that receives the order to supply the license to use the programs.
1. GENERAL CONDITIONS With the reference to the order for software licensing services, the Customer subscribes to these general conditions. The cost of the service indicated above is to be considered annual and may be subject to price changes from year to year. The customer decides annually whether to renew or not. Payment of the activation service is to be considered non-refundable and the right of withdrawal is 15 days from payment. This period is to be considered valid for the customer as a time to communicate the cancellation of the contract to MYTURING. In this way the contract will be terminated for both parties, MYTURING will close the service provided. However, activation fees will not be refunded.
2. SLA (service level agreement): The services provided by MyTuring are online 24 hours a day, 365 days a year and are guaranteed for at least 240 days a year. The number of days guaranteed is less than the maximum number available for technical reasons, in order to perform scheduled maintenance.
3. PROPERTY OF THE SOFTWARE AND CUSTOMIZATION The programs supplied are supplied in a non-transferable use license. It is forbidden for the Customer to make compilations, backwards assembly or decompiling. The programs are supplied without documentation or support material. The programs supplied under license of use may be updated or modified at any time and only by the software manufacturer and remain the exclusive property of the software producer.
4.PUBLICATION OF THE NAME By signing this order, the Supplier or MyTuring are authorized by the Customer to make its name public among the buyers.
5. LIMITATIONS OF THE LICENSE OF USE It is forbidden to use the procedures to make services by connecting in real time to other subjects. The user license can be used until the customer has the license regularly actived.
6. PROHIBITION OF TRANSFER OF PROGRAMS The Customer is expressly and absolutely prohibited from transferring directly or indirectly to third parties, for any reason, the programs that are the object of the provision of a license to use or copy them. It is also forbidden to use the software for the processing of data relating to companies controlled by the Customer. For each fiscal code not mentioned in the contract in question, it will always be necessary to acquire a license for use.
7. LIMITATION OF THE DAMAGE DUTY AND OF LIABILITY. Except in cases of willful misconduct or gross negligence, MyTuring and the Supplier will not be liable for direct or indirect damages of any kind that the Customer, or third parties, may suffer in connection with or in connection with this agreement for damages deriving from the use or non-use the procedures of the related information, including any damage resulting from the use of the same by employees of the Customer who hold the User License or by persons in any case authorized by the Customer.
8. EFFECTIVENESS OF AGREEMENTS HEREIN These terms and conditions are an integral part of the order related to the software license agreement. The rules contained in this contract cancel and replace any previous contract signed between the parties.
9 JURISDICTION The parties who have signed this contract expressly establish that for any disputes that are subject to the interpretation of this contract or actions of default, resolution and actions for damages, as well as, more generally, for any future disputes arising by the present agreement, or connected to the same, the Court of Pisa has exclusive jurisdiction.
Pursuant to and for the purposes of art. 1341 et seq. C.C., the Customer expressly approves the points specified below and identified the General Conditions present in this contract regulating the specific supply object of this Order. The Customer expressly approves the clauses of the following points of the General Terms and Conditions of Supply of MyTuring solutions present in the contract:
1. GENERAL CONDITIONS; 3. PROPERTY OF THE SOFTWARE AND CUSTOMIZATIONS; 5. LIMITS OF USE LICENSE; 6.DIVIETO OF TRANSFER OF PROGRAMS; 7. LIMITATION OF THE DAMAGE DUE TO REMEDIES AND RESPONSIBILITY; 8. EFFECTIVENESS OF AGREEMENTS HEREIN; 9. JURISDICTION
With reference to the requirements of Article 13 of the European Regulation 679/2016 and consent
I hereby authorise to the treatment of the personal data obtained from me, even verbally, directly or through third parties as per DL 30th June 2003, n. 196 "Codice in materia di protezione dei dati personali" and as per art. 13 of the UE Regulation 2016/679 (GDPR).
Owner of the Treatment and responsible for personal data protection
Stefano Papa. MYTURING DI STEFANO PAPA, based in Via dello stadio n. 37, Castelfranco di Sotto (PI), 56022, Italy - 02333170500 - info@myturing.it
Purposes of the Treatment of personal data and consequences of not communicating personal data
anagraphic and fiscal data will be treated depending on the contractual needs and on the consequent compliance to legal and contractual obligations deriving from them. Conferring these data is compulsory and in the event of a refusal to communicate them or to consent to their treatment might determin the impossibility to validate the contract.
Storage of data
Your personal data, which will be treated as per the above mentioned purposes, will be stored for the whole lenght of the contract and for the subsequent period of time, until MyTuring is subject by law to store for fiscal purposes or for other purposes required by law or regulations. Personal data may be treated with both physical and IT archives, which comprehend portable devices, and only in the processes necessary to respond to the above mentioned purposes, by those responsible for entering orders, marketing or administration department. MyTuring's account manager is responsible for responding to the person concerned. The complete list of the responsible authorities is available at the headquarter of the Owner of the treatment and will be given whenever requested by the person concerned. Data will be stored by the Owner of the data treatment and it is possible for the grantor to request their cancellation. Relatively to the mentioned data you can practice the rights indicated in the articles 13 and 14 of the UE Regulation 2016/679 on the treatment of personal data. You can revocate the consent at any point, oppose to the treatment of your data, access your data, verify and ask for a modification, obtain a limitation of the treatment, obtain the cancellation or removal of your personal data, receive your data or get them transferred to another owner, file a claim. To execute the above mentioned rights you can write to the Owner of the Treatment of personal data in MyTuring at: info@myturing.it
Where data are stored
Tipically, data is stored in Italy, but personal data could also be registered on a foreign server of MyTuring, since this is a web application with various dislocated servers to allow a better and faster service.
Data disclosure
Without making null the communication regarding our legal obligations, data may be communicated to companies or professionals located in Italy, which we trust for auxiliary purposes to the contractual relationship with you (we cite credit institutions and forwarding agents as an indication), for accounting or administrative activities, for the protection of credit and other rights related to the individual business relationship. The updated list of these subjects is available at the headquarters of the Owner of the Treatment and will be provided as requested by the interested party
Data outline and circulation
Your personal data is not subject to disclosure or to other automatic decisional processes, inluding outlining.
Marketing and newsletters
Yor email address, telephone/fax numer and full address could be used for sending advertising material related to similar services to the ones of this business. Provisioning these data is hereby discretionary.
Rights of the person concerned
Among your rights included in the GDPR are the following:
asking MyTuring the access to your personal data and to the information related to them. Rectifying incorrect data or integrating the incomplete ones; deleting your personal data (whenever applies one of the conditions mentioned in art. 17, paragraph 1 of the GDPR and in compliance with the exceptions mentioned in paragraph 3 of the same article). The limitation of use to the treatment of your personal data (as recurrs one of the hypothesys stated in art. 18, paragraph 1 of the GDPR)
requesting and obtaining your personal data from MyTuring in a structured format and readable by automatic devices, even for the purpose of communicating these data to another owner of the treatment (as per the right to deliver personal data), in the event that the juridical fundamentals treatment is the contract or the consent and it is performed through automized devices.
At any point, standing against the use of your personal data as peculiar situations occur
revocating your consent at any stage, limitedy to the hypothesys of a treatment of your personal data is based on your consent for one or more specific purposes and related to shared personal data (like date and place of birth, place of residence), or specific types of data (revealing racial origins, your politica beliefs, your religious beliefs, your health or your sexual life). The treatment based on consent and given before the suspension preserves,
filing a claim to an Authority of control (www.garanteprivacy.it)