Terms and conditions
The access of service begins with the contractual conditions of use (from here onwards referred to as the Conditions) that by continuing to use the present site, you are expressly signifying your agreement to the Conditions which are legally binding. The Company reserves the right to modify the Conditions without any prior notice, with the effect that the Service will be regulated in force of the contract in vigour from the moment of your access.The Company reserves the right to yield Service and present contract to third parties without prior notice or the permission of the User; the cessionary succeeds in the same legal position of the Company regarding all rights and inherent obligations.
Art.1
Definitions
With regards to the present conditions of use contract the following definitions are implied
Conditions: the clauses of the present contract.
Service: The service provided by the Company online described in following article 2.
Company: At Work Ltd., with legal HQ in Torino (TO), Corso Novara n.50 and operative HQ in Via Borgone 48 Bis/B , P.IVA 07692180016.
User: Whoever accesses the Service accepting the conditions of use in the current contract.
Art.2
Language and Translation
The current Conditions of use were written in Italian. If At Work provides a translation in other languages, the User accepts that such translations are provided only for your convenience: the Italian version disciplines your relation with At Work.If contradictions arise between the translated version and the Italian version, the latter prevails.
Art. 3
Purpose of Service
The company provides the following Service: "Uptu", a social network created to improve the safety and quality of people's lives. Uptu enables the active participation of citizens, putting at their disposal a tool to share with other users the geolocalized notification pertaining to personal and social safety, as well as the safety of the environment, of animals and of things. Uptu communicates in real time information and alarms on the basis of personal choices of its users and allows the insertion of comments, suggestions, testimonials and resolutions. The social network also enables the participation of institutionalised organisations or voluntary types who care for the matters handled. Amongst the major organisations involved, there are territorial bodies, research institutes, people in charge of managing emergencies of various types, the police force, the media and associations.The activity carried out by the Company does not fall into the category of editorial or journalistic; neither is it a function for spreading news stories, but merely a social utility based on information reported by Users.The Uptu platform is not a periodical, nor is it a journalistic compilation.The Company has the unchallengeable right and the exclusive judgement, without prior notice or subsequent communication, to modify in any way, to implement, to reduce Service or temporarily or definitively suspend distribution. The Company is not obligated nor does it guarantee the distribution and continuation of the Service. The Company reserves the right to withdraw from the current contract at any moment.In order to use the Service, the User must proceed to the complete and precise procedure of registration at the end of which they will receive an account and a personal password. The User is obliged to keep their account and password private and confidential and to refrain from allowing third party use; the User is held personally responsible for each use even by third parties towards the Company and anyone who claims damage to their own rights.The User expressly notes that for the distribution of the Service, there may be necessary applications, connections or other services provided by third parties which may demand payment - for which the Company cannot be held liable. In particular, the User must note that the connection of Service occurs through the Provider provider of their choice and therefore at the conditions and costs of their convenience. The User declares himself aware that any relative service costs from third persons are at his own exclusive onus.
Art. 4
User conditions and guarantees
With regards to the current contract and access to the current Service, the User guarantees under his own responsibility his own legal capacity and his own legitimation to act, to have legal availability of all rights in the current contract, to provide all personal information in a complete, accurate and truthful manner, to maintain communication of every modification regarding his own identification information as soon as there is a verified change of the same.The Company has the right to one-sidedly cancel, at any moment and without prior warning or reasoning, the registration and user access to the Service if his data is found to be false or suspected of being false or if the User is suspected of spreading news which is false, prejudiced, exaggerated, offensive or libellous.
Art. 5
User Obligations
By accessing the Service and all of its functions, the User is obligated and guarantees to respect all of the rules of law on this subject. In particular, the user declares himself aware that the geographical territory of the internet and the possibility to access the Service without territorial limit imposes the respect of the national and international laws on the subject, amongst those of the European Convention for the Protection of Human Rights and Fundamental Freedom of 4th November 1950 and the subsequent modifications and the Universal Declaration of Human Rights of 10 December 1948 and is expressly obliged to respect every applicable law.The User guarantees that upon providing information, be it by text, photograph or filmographic or in any other communicated form, that it corresponds to a true public interest, that it is truthful, precise, updated and current, that it does not violate reserved rights, images and any other third party right, and that they are legitimate.The User is obligated to use the Service within the limits of distribution and may not use the Service for personal ends, commercialising or advertising, nor any other non-consented means from within the contractual laws of the current Conditions of Use, nor may he violate the netiquette rules, nor spread virus, trojan horses, softwares, malawares, Spywares, Adwares, spamming nor any other form of security attack on Company information and other Users, nor compromise the functionality of the Service, the server or the network connection nor damage or compromise the functionality of the hardware used or any other networks involved be it by the Company or by the Users. The User is not permitted to use the platform for advertising pyramid schemes or chain letters, to advertise or sell or buy any product or service for any commercial purpose except in the case where the Service expressly allows these messages.The User obligates himself to indemnify the Company against any third party whose rights are violated by the information provided by the User responding personally to any consequent damage and obligating himself to reimburse the Company for any sum paid as a result of any violations here included, by way of example, any damage voiced and any expenses regarding any procedures before any judicial organ or derivative from an alternative resolution procedure of the controversy.The User is obligated to keep their account and password private and reserved, and may not permit use to third parties unless expressly authorised by the Company declaring himself personally responsible for every use even undue from third parties to the Company and anyone who claims damage to their own rights.The User must communicate immediately to the Company any non authorised use of their own account and password or any other violation of their privacy as soon as such an event occurs.
Art. 6
Company Rights
The Company is the only and exclusive owner of all rights of any nature, even the copyright, the Service in toto and in every part and the User with access to the Service does not acquire any rights relative to it.The Company is the only holder of the trade name At Work Ltd., of the domain www.uptu.com and of other various top level domains (TLD) related to the Uptu name and the Uptu brand and of every right of an industrial nature and copyright regarding the practice of the business; with the current contract, the User does not acquire any rights and does not assume the status of cessionary nor of licensee nor holder of other judicial relations which are not expressly contemplated in the Service.Other than where expressly previewed in the current Contract, the Company has the right:1.to unchallengeably check, modify, publish or not publish, broadcast to various public networks and in various means, to publish on other sites not necessarily the property of At Work Ltd. (as an example, Facebook and Twitter), to subsequently remove all or part of information or data which the User has entered onto the Service;2.to one-sidedly cancel, at any moment and without any prewarning or reasoning, a User's registration and access to the Service if his identification information is found to be false or is suspected of falsity;3.to choose third party providers of collateral services and functions of the Service, that the server if imputing data and positioning software, connects to other networks or other service providers which are regulated by the respective contract;4.to unchallangeably and at their exclusive judgement, without prewarning or subsequent communication, modify in any way, implement, reduce the Service or temporarily or definitively suspend distribution. The Company is not obligated nor does it guarantee the distribution and continuity of the Service. Uptu is issued on an "As is" basis and is not issued with any declaration or guarantee of any sort, explicitly or implicitly, with regards to the use and results of the sight in terms of correctness, accuracy, reliability or other.The Company reserves the right to withdraw from the current Contract at any moment.The User grants to the Company in license , the irrevocable, free and unlimited by time or territory use of data, information and of all content in any visible format, textual and graphic which have been voluntarily entered by the User to the Service, as well as through the Uptu blog, forum and email. If necessary, merely as an example, the Company could reproduce, duplicate, publicise, grant sub-licence to third parties, modify, translate, distribute and make available as many subjects with permission.The User accepts that Uptu may contain advertisements. This is necessary for At Work to produce a service.
Art. 7
Declaration and aspects of penal relevance
The information received from the User in real time is automatically entered onto the platform by the Service and shared with other registered Users and with institutional partners (e.g. Police force, councils...).The User is responsible in an exclusive and personal way for the existence and the truthfulness of the information sent. The User is aware that the Company is not able to check all information received, given the real-time management of the site, and then to verify the existence and the truthfulness of the information and is exempt from any civil or criminal liability for the Company content and the truthfulness of the information transmitted.The Company informs the User that the information received may be addressed to the police force: if the user gives the consent, the User implicitly authorizes the Company to release to the Authority requesting your data and/or date and the hour when the information was broadcast.With reference to the information sent to Uptu, the User is then informed of the possibility of incurring the following offenses to which he must answer for in the case of any information which is false, prejudiced, exaggerated, offensive or libellous, transmitted through the platform by the Service:
- Art. 594 c.p. Insult "Anyone who offends the honour or decorum of a present person is punishable by way of imprisonment for up to six months or a fine of up to 516 euros.The same punishment is subjected to those who commit the deed by telegraph or telephone, or writing or drawings, direct to the offended person.The penalty is imprisonment for up to one year or a fine of up to 1,032euros if the offense refers to the attribution of a determined fact.The penalties are increased if the offense is committed in the presence of more people".
- Art. 595 c.p. Defamation"Whoever, outside of cases indicated in the previous article, communicating with more people, offends someone else's reputation is punishable by imprisonment for up to one year or with a fine of up to 1,032euros.If the offense refers to the attribution of a determined fact, the penalty is imprisonment of up to two years or a fine of up to 2,065euros.If the offense passes to the press or any other means of advertising or public act, the penalty is imprisonment from six months to three years or a fine of not less than 516euros.If the offense goes to a political Body, administrative or judicial, or its representative or an authority constituted in college, the penalties are increased".
- Art. 656 c.p. Publication or diffusion of information that is false, exaggerated or prejudiced, acts which disturb public order."Anyone who publishes or spreads information that is false, exaggerated or prejudiced, that can disturb public order is punishable if the fact does not constitute a more serious offense, by imprisonment of up to three months or a fine of up to 309euros".
- Art. 658 c.p. Alarms procured by the Authority"Anyone who announces disasters, accidents or non-existent dangers, raises alarm to the authorities or bodies or persons exercising a public service, shall be punished by imprisonment up to six months or a fine of between 10euros to 516euros".
- Art. 661 c.p. Abuse of popular credulity"Anyone, publicly, looking for any fraud, even freely, to abuse the popular credulity is punishable, if the event can result in a disturbance of public order, with imprisonment of up to three months or a fine of up to 1,032euros".
Art. 8
Privacy protection of personal data pursuant to Legislative Decree No.196 30th June 2003
8.1 Informativa e descrizione
According to Art. 13 Legislative Decree 196/2003, the Company At Work Ltd., (hereinafter simply Owner) headquartered in Turin, Corso Novara No. 50, P. IVA 07692180016, in its capacity as the owner of the personal data collected through the website www.uptu.com, wants to inform you of the following.The legislative decree of 30th June 2003, No. 196 protects the right to protection of personal information about anyone. In compliance with this legislation, the Company At Work Ltd., which processes your personal information, wish to inform you beforehand, that such treatment will be based on principles of correctness, lawfulness and transparency and protection of your privacy and your rights, and require his consent for the treatments specified below.The "Uptu Project" is designed and developed by At Work S.r.l., (the owner) and is aimed at creating a new social network created to improve safety and quality of life of people. In particular, the Uptu project aims to improve the quality of life and safety through the active participation of citizens and organizations, providing them with a web and mobile social network through which to share inherent reports about personal safety, as well as social, environmental, animals and things. The social network allows for the immediate release of the reports as well as citizens, to all those who, for institutional duties or voluntary type, are dealing with the topics covered. Among the organizations most involved are the local authorities, research institutions, the persons in charge of the management of various types of disasters, the media and associations.The social network allows also the geolocalization of subscribers to the project, after which the consent, as specified below in this statement.
8.2 Aim of treatment
The user (henceforth referred to as Interested party), who registers to the service independently and voluntarily enters their personal information by filling out the registration form. The required data does not have sensitive nature and is required:a) to fulfil administrative purposes (also provided by national and regional authorities) connected to the service requested by the user, and also for safety with respect to the proper and lawful use of information and computer resources used in the area of the "Uptu Project";b) for the use of geolocalization-based services (LBS = Location Based Services), subject to consent.With respect to purposes specified in point a) we inform you that the processing of Your personal information by the Owner, Your consent is implicit, since this treatment is necessary for the performance of obligations under the contract and/ or the performance of the services requested by you, as well as to comply with legal obligations.With regards, however, to the purposes specified in point b), the treatment can be done through the special process of consent.
8.3 Categories of data subjected to processing
In relation to the purposes described in paragraph 2 above, the Owner treats personal data different from that which is "sensitive" and "legal". In particular, the processing performed by the Owner is related to personal data relating to users of the "Uptu Project", such as, for example, name, address, personal identification, social security number, the location and so on. For these reasons you are not invited to notify the owner of the treatment of personal data which is "sensitive" and/or "legal". If, however, where the owner, for its own operability, had the need to process data of a "sensitive" and/or "legal", the same will take care to send to interested parties to an integration of the current Policy and the relative request for consent to treatment.
8.4 Methods of treatment and notification to the Guarantor
Your data will be processed using both manual and automated filing in accordance with current regulations.In particular, it is stated that the owner puts in place the necessary organizational, physical and logical measures to guarantee data security, with particular reference to the provisions of annex b) of the Decree. 196/2003 (Technical regulations regarding minimum security). The data provided will be handled by employees assigned to the management of services to customers, accounting and administration.With regard to the processing of data related to geolocalization service provided to users of the "Uptu Project", among the list of treatment activities covered in art. 37, section 1, Lett. a) of Legislative Decree no. 196/03, the owner has taken steps to fulfil the obligation of notification in respect of the Guarantor for the processing of personal data.
8.5 Compulsory and / or optional data and consequences of refusal
The conferment of Your data, for the purposes expressed the previous paragraph 2, letter a) is necessary to achieve the same purposes, their failure, partial or incorrect conferment could make it impossible to provide the services required to the Interested party . The failure to provide his geolocalization data regarding the purpose expressed in b) of the previous paragraph affects the use of the service via mobile, via dedicated App.
8.6 Consent request
For the treatment and the purposes specified the previous paragraph 2, letter b)it is necessary to provide Your explicit approval.Your consent is also necessary for the transfer of data abroad, pursuant to art. 43 and 45 of Legislative Decree no. 196/03, as better specified in paragraph 7.The above mentioned approvals are required.
8.7 Scope of diffusion
Your information will be kept at the registered office of the said Owner and may be disclosed to third parties for the conduct of regulatory compliance, if necessary, provided.Specifically, some handling of your personal data may also be carried out by third parties:- established in the State territory or in a place subject to the sovereignty of the state "(Art. 5 co. 1 Leg. 196/03); - even if established in a foreign territory, using tools situated in the State territory other than the electronic ones , unless they are used only for purposes of transit through the territory of the European Union "(Art. 5 co. Leg 2. 196/03).To the subjects abovementioned, the owner entrusts certain activities (or part thereof) to provide services requested by the customer. In such cases, the same third parties will act as external managers of the treatment. The companies listed above are included in the providers of cloud computing services.In the case where the data is transferred abroad, apply the rules of art. 43 and 45 of Legislative Decree no. 196/03, consequently, the treatment can take place only towards countries that offer adequate safeguards and prior consent from the Interested party.
8.8 Rights of the Interested party under art. 76 D. Decree 196/03
The interested party may exercise at any time, the rights under Art. 7 legislative decree. 196/2003, in the manner indicated in art. 8, 9, 10 legislative decree. 196/2003, to which reference is expressly made.In particular, he may at any time:a) obtain confirmation of the existence of personal data concerning you, even if not yet recorded, and communication in an intelligible form;b) ascertain the origin of personal data, and the aims and methods of treatment;c) obtain an indication of the logic applied in the treatments with the help of electronic tools;d) obtain the indication of identification of the owner and manager;e) obtain the names of individuals or categories of subjects to whom the data may be communicated or who may gain knowledge about them as appointed representative in the State territory, managers or those in charge; f) obtain the updating, rectification or, when necessary, integration of data; g) obtain the cancellation, transformation into anonymous form or blocking of data handled in violation of the law;h) obtain the cancellation, transformation into anonymous form or blocking of data which does not need to be kept, for the purposes for which the data were collected or subsequently treated; i) obtain certification that the updating, correction, integration, deletion, transformation into anonymous form or blocking have been made ??aware, for the content, of those to whom the data was communicated or disclosed, except in cases where such information proves impossible or involves a manifestly disproportionate effort compared to the protected right; j) oppose, in whole or in part, for legitimate reasons, concerning the processing of Your personal data, even if pertinent to the purpose of collection;k) object, in whole or in part, to the processing of personal data that relates to the purpose of sending advertising materials or direct selling or for carrying out market surveys or commercial communication.To exercise said rights, the Interested party may directly contact the Owner of the data treatment At Work Company Ltd., (hereinafter simply Owner) with its registered office in Turin, Corso Novara n.50, P. IVA 07692180016, The Head of treatment of personal data is the Office of Marketing & Communication At Work Ltd, also appointed for purposes of art. 7 DL. No 196/2003. For further information and communication regarding his own information the interested party may contact the Company via the contact form website www.uptu.com.
Art. 9
Governing Law and Jurisdiction
This contract is regulated by Italian law.The exclusive Court of jurisdiction for any future dispute is the Court of Turin.
Art. 10
Domicile and communications
The parties elect their own domicile for all purposes relating to this contract, including any legal notifications and communications sent:the User at the address indicated in the registration procedure,the Company at its registered office.All communications which do not entail a different form may be performed to the e-mail address provided by you in the registration procedure, and those intended for the company through the contact form website www.uptu.com.
