Legal Information

Legal Information

PRIVACY POLICY

The purpose of this document is to inform the natural person (hereinafter“Data Subject”) about the processing of his/her personal data (hereinafter “Personal Data”) collected by the data controller, Monforte s.r.l., with registered office in Via Alessandria 5, 20144 Milano, Tax Code/VAT No. 00145720140, 00145720140, e-mail address info@monforte.it, (hereinafter “Data Controller”), via the website https://www.jaqui.it (hereinafter “Application”).

Changes and updates will be effective as soon as they are published on the Application. In case of non-acceptance of the changes made to the Privacy Policy, the Data Subject shall stop using this Application and may ask the Data Controller to delete his/her Personal Data.

1.Categories of Personal Data processed

The Data Controller processes the following types of Personal Data voluntarily provided by the Data Subject:

  • Contact Data:: first name, last name, address, e-mail address, phone number, pictures, authentication credentials, any further information sent by the Data Subject, etc.
    The Data Controller processes the following types of Personal Data collected automatically:
  • Technical Data: Personal Data produced by devices, applications, tools and protocols such as, for example, information about the device used, IP addresses, browser type, type of Internet provider (ISP). Such Personal Data may leave traces which, combined with unique identifiers and other information received by the servers, can be used to create profiles of individuals.
  • Usage Data:such as, for example, pages visited, number of clicks, actions taken, duration of sessions, etc.

If the Data Subject decides not to provide Personal Data for which there is a legal or contractual obligation, or if such data is a necessary requirement for the conclusion of the contract with the Data Controller, it will be impossible for the Data Controller to establish or continue any relationship with the Data Subject.
The Data Subject who communicates Personal Data of third parties to the Data Controller is directly and exclusively liable for their origin, collection, processing, communication or divulgation.
2.Cookies and similar technologies
The Application uses cookies, web beacons, univocal identifiers and other similar technologies to collect the Data Subject’s Personal Data on visited pages and links and other actions performed during the use of the Application. This data is stored and then used the next time the interested party browses the Application. The full Cookie Policy can be viewed at the following address: https://www.jaqui.it/legal-information.

3.Legal basis and purpose of data processing

The processing of Personal Data is necessary:
for the performance of the contract with the Data Subject and especially:

  • fulfillment of any obligation arising from the pre-contractual or contractual relationship with the Data Subject
  • support and contact with the Data Subject: to answer the Data Subject’s requests

for legal obligations and especially:

  • the fulfilment of any obligation provided for by the applicable norms, laws and regulations, in particular, on tax and fiscal matters

for the legitimate interest of the Data Controller, for:

  • management, optimization and monitoring of the technical infrastructure: to identify and solve any technical issue, to improve the performance of the Application, to manage and organize the information in a computer system (e.g. server, database, etc.)
  • anonymous data based statistics: in order to carry out statistical analysis on aggregated and anonymous data in order to analyze behaviors of the Data Subject to improve products and/or services provided by the Data Controller and better meet the expectations of the Data Subject

The Data Subject’s Personal Data may also be used by the Data Controller to protect itself in judicial proceedings before the competent courts.

4. Data processing methods and receivers of Personal Data

The processing of Personal Data is performed via paper-based and computer tools with methods of organization and logics strictly related to the specified purposes and through the adoption of appropriate security measures.
Personal Data are processed exclusively by:

  • persons authorized by the Data Controller to process Personal Data who have committed themselves to confidentiality or have an appropriate legal obligation of confidentiality;
  • subjects that operate independently as separate data controllers or by subjects designated as data processors by the Data Controller in order to carry out all the processing activities necessary to pursue the purposes set out in this policy (for example, business partners, consultants, IT companies, service providers, hosting providers);
  • subjects or bodies to whom it is mandatory to communicate Personal Data by law or by order of the authorities.

The subjects listed above are required to use appropriate measures and guarantees to protect Personal Data and may only access data necessary to perform their duties.
Personal Data will not be indiscriminately shared in any way.

5. Place

Personal Data will not be transferred outside the territory of the European Economic Area (EEA).

6. Personal Data storage period

Personal Data will be stored for the period of time that is required to fulfill the purposes for which it was collected. In particular:

  • for purposes related to the execution of the contract between the Data Controller and the Data Subject, will be stored for the entire duration of the contractual relationship and, after termination, for the ordinary prescription period of 10 years. In the event of legal disputes, for the entire duration of such disputes, until the time limit for appeals has expired
  • for purposes related to legitimate interests of the Data Controller, they will be stored until the fulfilment of such interest
  • in compliance with legal obligations, by order of an authority and for legal protection, they shall be stored according to the relevant timeframes provided for by such obligations, regulations and, in any case, until the expiry of the prescriptive term provided for by the rules in force
  • for purposes based on the consent of the Data Subject, they will be stored until the consent is revoked

At the end of the conservation period, all Personal Data will be deleted or stored in a form that does not allow the identification of the Data Subject.

7. Rights of the Data Subject

Data Subjects may exercise specific rights regarding the Personal Data processed by the Data Controller. In particular, the Data Subject has the right to:

  • be informed about the processing of their Personal Data
  • withdraw consent at any time
  • restrict the processing of his or her Personal Data
  • object to the processing of their Personal Data
  • access their Personal Data
  • verify and request the rectification of their Personal Data
  • restrict the processing of their Personal Data
  • obtain the erasure of their Personal Data
  • transfer their Personal Data to another data controller
  • file a complaint with the Personal Data protection supervisory authority and/or take legal action.

In order to use their rights, Data Subjects may send a request to the following e-mail address info@monforte.it. Requests will be immediately treated by the Data Controller and processed as soon as possible, in any case within 30 days.

Last update: 15/11/2021

TERM AND CONDITIONS

This document contains the general terms and conditions on the basis of which the use of the web site jaqui.wpengine.com that provides a detailed description of the Jaqui product with particular reference to its possible use and its functions. Through the contact form, the user can ask for more information and, if necessary, agree on the purchase of the web app. is offered to the users.

1.Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:

  • Owner: Monforte s.r.l., with registered address in Via Alessandria 5, 20144 Milano, VAT number/Tax code 00145720140, 00145720140, fully paid-up share capital of 1.000.000,00 €, , certified e-mail address (PEC) monforte@pec.it
  • Application: the web site jaqui.wpengine.com
  • User: any person who accesses and uses the Application
  • Conditions: this contract which governs the relationship between the Owner and the Users.

2. Scope of the Conditions

The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.
The Owner may amend the Conditions at any time. The changes shall be effective from the time they are published in the Application.
Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.
The Owner reserves the right to change, at his own discretion and at any time, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.

3.Industrial and intellectual property rights

The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Content available on the Application. Therefore, all the trademarks, figurative or word and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
The Conditions do not grant the User any license for use relating to individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorised, will be considered violations of the intellectual and industrial property right of the Owner.

4. Exclusion of warranty

The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner’s will or due to force majeure events.

5. Limitation of liability

The Owner shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment.

The Owner shall not be held liable for:

  • any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner
  • incorrect or unsuitable use of the Application by Users or third parties

In no case the Owner shall be held liable for a sum greater than twice the cost paid by the User.

6. Force majeure

The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.

7. Links to third-party web sites

The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility..

8. Privacy

The protection and processing of personal data will be in accordance with the Privacy Policy which can be consulted on the page https://www.jaqui.it/informazioni-legali.

9. Applicable law and jurisdiction

The Conditions are subject to Italian law.
For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the right of the User Consumer of going to court other than the “consumer court” pursuant to Section 66 bis of the Italian Consumer Code, competent for the territory according to one of the criteria of the Sections 18, 19 and 20 of the civil procedural code.
The application to Consumer Users who do not have their residence or domicile in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.
For Users who are not Consumers, any dispute concerning the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Owner is based.

10. Online dispute resolution for Consumer Users

The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address:ec.europa.eu/consumers/odr/

Date 15/11/2021