Informativa sulla privacy
updated to EU Reg 2016/679
(European regulation on the protection of personal data)
2) Identification details of the owner and manager
GOBRAND s.r.l., Via III Settembre 69, Benevento 82100, VAT number 01716730625, email: firstname.lastname@example.org
3) Type of data processed
Visiting and consulting the Site does not generally involve the collection and processing of the user's personal data except for navigation data and cookies as specified below. In addition to the so-called "navigation data" (see below), personal data voluntarily provided by the user may be processed when the user interacts with the functionality of the Site or requests to use the services offered on the Site. The data provided directly to the interested are all personal data that are provided to the Data Controller in any way, directly by the interested party. In particular, the following personal data may be collected and processed: name, surname, tax code, VAT number, address, city.
In compliance with the Privacy Code and the EU Reg. N. 679/2016, GOBRAND s.r.l.s. it may also collect the user's personal data from third parties in carrying out its business.
4) Cookies and navigation data
Technical cookies are necessary for the proper functioning of a website and to allow user navigation; without them, the user may not be able to view the pages correctly or use some services.
Profiling cookies have the task of creating user profiles in order to send advertising messages in line with the preferences expressed by the user while browsing.
Cookies can also be classified as:
"session" cookies, which are deleted immediately when the browser is closed;
"persistent" cookies, which remain in the browser for a certain period of time. They are used, for example, to recognize the device that connects to a site, facilitating authentication operations for the user;
"own" cookies, generated and managed directly by the manager of the website on which the user is browsing;
"third party" cookies, generated and managed by parties other than the manager of the website on which the user is browsing.
5) Cookies used on the site:
The Site uses the following types of cookies:
own, session and persistent cookies, necessary to allow navigation on the Site, for internal security and system administration purposes;
third-party, session and persistent cookies, necessary to allow the user to use multimedia elements on the Site, such as images and videos;
persistent third-party cookies used by the Site to send statistical information to the Google Analytics system, through which GOBRAND s.r.l.s. can perform statistical analysis of accesses / visits to the Site. The cookies used only pursue statistical purposes and collect information in aggregate form. Through a pair of cookies, one of which is persistent and the other of session (expiring when the browser is closed), Google Analytics also saves a register with the start times of the visit to the Site and exit from the same. You can prevent Google from detecting data via cookies and subsequent data processing by downloading and installing the browser plug-in from the following address: http://tools.google.com/dlpage/gaoptout?hl=it
persistent third-party cookies used by such deadlines will not involve expenses. In the event that the Customer, once the service has been activated, for any reason decides to suspend or postpone the execution of the same, GOBRAND will have the right to charge the Customer pro rata for the work done up to the time of suspension or postponement. In the event of cancellation and / or termination communicated by the Customer after the activation of the service, or in the event of failure to reactivate the service within 90 days of the suspension and / or postponement of the same, without prejudice to GOBRAND's right to receive pro-quota payment for the services provided, the Customer will be required to pay GOBRAND, as a penalty, an amount equal to 30% of the amount of services not provided.
3.2 Consulting, management and assistance contracts
The conditions of service specified in the offers refer exclusively to the applicable legislation at the time of issuing the offers themselves and the possible signing of the order. In the event of a subsequent variation of the aforementioned legislation, or in the case of subsequent re-entry into the field of application of further existing or new regulations, any request to extend assistance to the aforementioned new regulations or fields of application will not be considered included in the offer price, but must be subject to specific contractual revision (see point 2.4). If the aforementioned request to extend assistance also to any new applicable rules, according to GOBRAND, involves an increase in the remuneration provided for the original contract, we will proceed according to the procedures set out in point 2.4 above.
LIABILITY FOR THE SERVICES AND PRODUCTS PROVIDED
4.1 Responsibility towards the Customer
GOBRAND reserves the right to have third parties carry out the assigned task, in whole or in part. If GOBRAND entrusts works, entirely or partially, to third parties, it will still maintain its responsibilities towards the Customer.
GOBRAND's technicians and staff will in no case be able to intervene directly in support of the Customer's staff in operational, technical and / or administrative activities relating to the specific Customer's activity, nor use the Customer's equipment to carry out their business, unless that the latter eventuality is provided for in the contractual agreements and related supplements relating to safety in the workplace.
4.2 Limitation of Liability
4.2.1 The service provided refers exclusively to a consultative role, or to the assistance / consultancy / coaching of the Customer, since GOBRAND has no possibility of directly influencing the structural / organizational aspects of the Customer's activities. Furthermore, the service provided is not based on information regarding the Customer's activities (structural / organizational aspects, nature of risks, work organization, planning and implementation of preventive and protective measures, description of plants and production processes, illustration of operations, activities and tasks carried out, data on accidents and occupational diseases, measures adopted by the supervisory bodies) provided to GOBRAND by the Customer. Therefore, no responsibility can be attributed to GOBRAND, in the event of any deficiencies / errors / omissions, which should be detected in the Customer's production / organizational / documentary system and sanctioned by the Supervisory Authorities, resulting from lack of information / incorrect / omissive provided to GOBRAND. The Customer guarantees the truthfulness and completeness of the data and information provided to GOBRAND for the performance of the consultancy and training assignments entrusted and assumes sole responsibility for them.
4.3 Complaints and Refunds: communication by the Customer
Any complaints by the Customer regarding defects in the work delivered, as well as regarding the amounts invoiced, must be communicated in writing (email email@example.com) within eight days from the date of completion of the services (Article 2226 CC ). The communication of any complaints will in no case authorize the Customer not to fulfill the payments due to GOBRAND. In the event that any defects have not been communicated in writing within the terms indicated above, the Customer will be deemed to have forfeited any guarantee in relation to defects in the services.
GOBRAND does not provide refunds for the services provided. This is a consultancy activity, no refunds are provided. Exceptionally, GOBRAND will be able to partially or totally reimburse the customer in the hypotheses listed below:
Failure to start the service within 7 days of payment. Full refund of the amount paid.
Interruption of the service for reasons not attributable to GOBRAND. In this case, GOBRAND has the right to integrate the days of interruption or replace the service purchased with another of equal value. The refund will be separated from VAT.
Missed achievement a goal set in agreement with the customer. Reimbursement expected in proportion to what is objectively achieved. The services with a well-defined objective are only those agreed separately with GOBRAND s.r.l. and with a specific management contract not purchased on the website.
4.4 Force Majeure
The contractual ties between GOBRAND and the Customer will be mutually suspended in the event of "force majeure". By "force majeure" we mean any unforeseeable circumstance at the time of signing the contract, which makes it reasonably impossible for the parties to demand compliance, or any circumstance in which it occurs: illness, work strike, war, danger of war , unrest, transport problems, fire, calamities and other serious problems at GOBRAND or at its suppliers. If the duration of the "force majeure" situation were to make it reasonably impossible to honor the contract, each party may cancel the contract by sending a written declaration to the other, without any compensation being provided for either party, without prejudice to GOBRAND's right to obtain payment from the Customer for the work carried out up to that moment.
5.1 GOBRAND Properties
All materials produced and delivered during the provision of services and during training courses remain the exclusive property of GOBRAND or the legitimate owner, if licensed for use; therefore they cannot be reproduced or used independently, neither for training courses or for various uses, nor granted or sold to third parties without the authorization of GOBRAND. Any exceptions must be specified in writing in the offer. GOBRAND remains the owner of the works carried out until the Client has fully paid the fees due to GOBRAND. GOBRAND also remains the owner of the tools and methodologies used for carrying out the tasks received from the Customer.
The Customer undertakes not to carry out acts that damage in any way the rights of exclusive property of GOBRAND relating to the contents of the e-learning services purchased, the relative copyrights and copyright, distribution and exclusive use of the website. , of the images, texts and contents, informative and / or didactic, present within the e-learning platform; also undertakes not to copy, in whole or in part, the formalized contents in the e-learning products / services purchased and not to transfer or have others use and / or view, in any way, not even partially, the products, services and related materials for which it has received a license for use.
5.2 Ownership - materials entrusted by the Customer
GOBRAND will take the utmost care of the materials that it will eventually receive from the Customer (written documents, etc.), but in no case assumes responsibility in the event of loss, destruction or damage of the aforementioned materials, excluding cases of willful misconduct or gross negligence. . GOBRAND ensures the complete confidentiality of all information it becomes aware of during the performance of the service and the confidentiality commitment will continue beyond the term of the assignment. GOBRAND will in no way be able to profit or benefit from the information it has come into its possession during the execution of the assignment.
6.1 Payment terms and delays
Payments by the Customer must be made on the basis of the conditions agreed and defined in the offers and reported on the invoice. The payment terms indicated are to be considered non-modifiable terms. If the aforementioned terms are not respected, the Customer is to be considered immediately in default, without any reminder or formal notice being requested.
In the event that the Customer does not proceed with the payment of the invoices within the pre-established terms, starting from the expiry of this term the Customer will be considered debtor of interest equal to the legal interest in force at that time, calculated on a daily basis (Legislative Decree 231/2002).
In the case referred to in the previous paragraph, GOBRAND will have the right to consider suspended all its duties under the agreement and any other agreements with the Customer and will also have the right to terminate the agreement in whole or in part with a simple communication without judicial intervention, to resume deliveries made and / or to request corresponding compensation. All judicial and extra-judicial expenses will be charged to the Customer. The same applies in the event of bankruptcy or suspension of payments.
6.2 Dispute on the amounts invoiced
In the event of a dispute over the amounts invoiced, the Customer is required to submit the complaint within 8 days of receipt of the relevant invoice. In the absence of such a complaint within the aforementioned term, the Customer will be deemed to have lapsed from any dispute.
In correspondence with the Customer's possible request to obtain an extension of the payments due to GoBrand, sent to GoBrand necessarily before the expiry date and granted by GoBrand to the Customer, it will have value only if granted in writing.
RIGHT OF REFERENCE
GoBrand may publicly declare (printed illustrative material, internet) that it has worked for the Client, specifying the type of work, the methodologies, the results. For courses or consultancy billed to individuals, GoBrand may publicly declare (printed illustrative material, internet) that it has worked for the person, without being able to specify the topics covered or other characteristics of the work: the area of intervention may be mentioned (example: " safety training "," quality training "," business management consultancy ", etc.). By signing an order, the Customer authorizes GoBrand S.r.l. to cite the reference to the order itself among their references, in their curriculum vitae and on their website.
APPLICABLE LAW AND JURISDICTION
The applicable law is exclusively Italian and for any dispute that may arise on the interpretation of the clauses of the order, which cannot be resolved amicably between the parties, the competent court is exclusively that of Benevento.