general conditions for use of calzedonia group websites

Welcome to the Calzedonia Group websites. In thanking you for having visited our web pages, we take the opportunity to point out that access to the Calzedonia Group websites and the use of the services and contents included therein, are activities regulated by these General Conditions for use (hereinafter to be known as "General Conditions"). A FAQ has been compiled to facilitate your consultation of the page. We would kindly remind you that by accessing our sites and/or by using even one of the Services provided, you confirm knowledge and acceptance of the General Conditions as published on this page. If you should not accept these conditions, we would kindly ask you to refrain from accessing and using the contents and the services offered on our websites forthwith.

glossary

In order to offer a clearer and easier consultation of the sites, we have supplied a glossary of the most frequently used terms on this page.

a) Calzedonia Group (hereafter to be known also as "Calzedonia") indicates the site manager, the domains and the sub-domains which are registered for each of the brands of the Calzedonia Group, which include amongst others for example: CALZEDONIA, INTIMISSIMI, TEZENIS, FALCONERI and HOTEL VERONESI LA TORRE. Calzedonia Group is also the proprietor of the domains, the websites and the Contents supplied within and the administrator and/or proprietor of all IT and other support infrastructure

b) Websites: specifies the web portals related to the Calzedonia Group, which consist of the Services and Contents which are made available to the User

c)Services: indicates all the activities and the operations which the Users can carry out in relation to the Contents which are made available on the Websites

d)Contents: means amongst others and by way of example, the audio and video material, information, graphics, photographs and/or images, illustrations, pictures, logos, projects and any other type of original or reproduced material published on the websites or sent by them, including software, the operative processes of the websites, menus, web pages, layout, graphics and colours.

e) User: specifies the users of the Sites and the Services supplied therein.

how will i know if the conditions contained on this page have been modified?

If you wish to receive constant updates regarding the General Conditions, we recommend that you consult this page regularly. This will allow you to check if possible modifications or changes have been implemented since your last visit to the Website. Indeed Calzedonia, whenever implementing modifications - either partially or totally - will take the necessary steps to make the updates available by publishing them on this page.

can i use the calzedonia group websites for professional reasons?

The Contents and Services on our Websites are normally intended for personal use. This means that if, for example, you consult the pages, download product information, etc., you will be using the material for inappropriate commercial, entrepreneurial and professional purposes.

However, if the Service you are using is amongst those that allow you to make purchases, in this case you can use the Service both for professional and personal use. This means that you are free to make purchases which are both related and unrelated to your professional activities through our Websites.

what conditions and limits are imposed when using the calzedonia group websites?

When accessing our websites and the relative Contents and Services, you must:

- Navigate and use the Website and Services at your complete and free discretion, whilst assuming total and sole responsibility;

- Not use the Websites for illegal purposes or to commit illegal actions;

- Not use the Websites in such a way that would interrupt, damage or compromise the efficiency and the functionality either partially or totally of the above;

- Recognize the fact that Calzedonia cannot be held responsible for events in relation to possible damage to your or a third party’s computer, equipment or any data stored therein, except in possible cases of serious errors and wilful intent which can be directly linked to Calzedonia;

- Release Calzedonia and subjects from any responsibility in relation to your conduct whilst using the Websites and Services;

- Recognize that Calzedonia cannot be held responsible for losses and damage in relation to any form of use and the functionality of the Website, including (without restrictions) any damage in relation to the suspension, interruption, lack of functionality and/or inaccessibility to the Websites or Services, damages related to transmitted viruses and harmful material, damages related to loss of business, loss of earnings, interruption of business, loss of business information and/or any other type of pecuniary loss, except in the case of damage caused by wilful intent and serious errors;

- Declare to be aware and to accept that Calzedonia does not guarantee the accuracy and the completeness of the Contents and furthermore does not guarantee that the Websites, Services and Contents will always be supplied without interruptions, punctually and safely;

- Accept that Calzedonia does not guarantee that any possible material errors in Contents and Services supplied through the Websites shall be promptly rectified;

are the product images and photographs found on the websites reliable?

The images, photographs and all representations found on Calzedonia Websites merely have an illustrative value. Calzedonia constantly implements measures aimed at ensuring that the photographs displayed on the Websites are true representations of original products and also implements every technological solution possible to minimize inaccuracies. That said; viewing variations are always possible due to various causes, even of a technical nature and sometimes linked to the technological characteristics of colour resolution on your computer. Subsequently, Calzedonia cannot be held responsible in case some graphic representations of products displayed on the Websites in relation to the above technical reasons should appear not perfectly suitable or corresponding.

if i am under 18 years of age can i use calzedonia websites?

If you are under 18 years of age you can freely navigate our Websites. You are not permitted to use those Services that require registration or transfer of data or information. Registration and use of the services available on Calzedonia websites is strictly for persons over the age of 18. No one under that age can register on the Websites nor use the services available therein, except in those cases where the minor has the consent of a parent or legal guardian. In all cases where you would use or access even one of the Services which require registration or the transfer of data and information as supplied through the Websites, you must ensure that you are over 18 years of age and have the faculty to stipulate binding contracts.

When surfing the Web if you see or if you are requested to provide information which you do not understand or which is not totally clear, always ask your parents for assistance. Remember: this is always valid not only for Calzedonia Websites, but also for all other sites that you visit on the Internet.

what policy does calzedonia apply in relation to brands, names and intellectual property?

Calzedonia is the sole proprietor of the actual and future registered logos and brands, included amongst which are: CALZEDONIA, INTIMISSIMI, TEZENIS, FALCONERI, HOTEL VERONESI LA TORRE and any other distinctive brand which includes the relevant words, including the relevant brand names registered for each of the brands and the companies of the Calzedonia Group.

Calzedonia reserves the right of sole use of its logos, brands and distinctive markings.

The Contents and other material on the Websites, as protected by the applicable copyright, patent or other relevant legislation, may not be copied, modified or reproduced nor used, without the express written consent of Calzedonia, even in the case of further contractual agreements stipulated and negotiated with the User.

what are cookies and how are they used by calzedonia?

Calzedonia also uses cookies issued by third parties. For information in relation to the policy regarding the use of cookies on Calzedonia Websites, you can consult our Privacy Policy. The Websites can contain links to other sites which are not directly connected to Calzedonia. We would point out that these websites are in no way managed nor controlled by Calzedonia, which cannot be held responsible for the contents and the regulations contained therein. The General Conditions are exclusively applicable to Calzedonia Websites and not to other websites that may be consulted by the user through use of the above mentioned links.

can i send and upload contents onto calzedonia websites?

Certain Services supplied by the Websites (e.g. My Calzedonia, My Intimissimi, forums, blogs, events, competitions and temporary and extraordinary themed initiatives) allow you to send and upload Contents, such as photographs and opinions, seen the very nature of the Services, which are destined for communication and distribution.

Calzedonia implements a policy of inspecting and choosing sent contents and images by removing from its systems, at its complete discretion, all those images which contravene the regulations contained in this web page. In particular, users are asked to comply with the rules on sending illegal and/or abusive images and contents, which may infringe on the rights of others or which violate privacy laws, laws regarding intellectual or industrial property and other rights of third parties. These include material which is considered to be pornographic and/or sexually explicit, slanderous, threatening, damaging, vulgar, obscene or otherwise reprehensible or offensive, in accordance with the applicable legislation and the behavioural regulations contained in this page. Calzedonia cooperates with the Public Authorities in all those cases where necessary data and/or information is requested to apprehend those carrying out illegal activities.

The following principles and behaviour regulations are set out below; we would kindly ask you for your compliance with regards to the sending and the uploading of contents on our Websites. If you choose to use this particular type of Service, you must accept and comply with the following regulations and principles. In the case that you should not accept these rules, we kindly request that you do not send or upload contents through Calzedonia Websites.

Principles

- You may send contents at your total discretion and under your exclusive responsibility;

- Calzedonia cannot be held responsible for Contents sent by the User, nor can it ensure the completeness, accuracy, authenticity or legality of such material;

- The publication of opinions sent by the User does not represent the expression of opinions or recommendations on the part of Calzedonia, which specifically does not recognize such opinions as its own;

- Calzedonia can remove, modify, distribute, communicate and use the Contents sent by the User, who by sending them, relinquishes any material or moral right in relation to the above material;

- By sending these contents the user allows Calzedonia the unlimited right to use, without restrictions on means and geographic areas. Calzedonia can, however, directly or through third parties, use, copy, transmit, extract, publish, distribute, publicly display, release, create related works, host, index, memorize, note, codify, modify and adapt - including the unrestricted right to adapt for any means of communication for broadcast purposes - in any form or with any kind of tool, current or future, all Contents, including audio and video materials, that should be sent by the User, even on the part of third parties;

- The User, who sends images and portraits, permits Calzedonia to use these images for the purposes and in accordance with the conditions described in the General Conditions hereunder. Specifically, the User recognizes the Calzedonia’s right to partially or totally utilize the sent images, which can be used, with regards to this right, as a whole or in single parts or components, even in editing, cuts or modifications, without any restrictions, except in the case where these images can prejudice the dignity, reputation and the personal standing of the affected party and relatives. The User permits Calzedonia to reproduce, publish, distribute, communicate, publicly display and represent, in any place and by any means (e.g. Internet, screening during public events or in its retail points, publication in catalogues and magazines etc.), any of the above images. Thus accepting Calzedonia as sole and exclusive proprietor of the images and films, as well as all the usage and exploitation rights in any form and by any future or present means. The User relinquishes, at the moment of sending, any right in relation to the above, independently from circumstances that the images may or may not contain representations relative to his/her person;

- The sent material will not be returned to the user and remains the property of Calzedonia, which consequently cannot be held responsible for the loss or destruction of the sent items;

- The Services supplied on the Websites allow the User to send and upload Contents destined for personal use. The User must carry out these operations in his/her faculty of operating for non-commercial or professional purposes, except in the cases specifically indicated above;

User Behavioural Regulations

- Use respectful language, taking care not to use violent, offensive or obscene terms and expressions;

- Refrain from publishing intentionally false, offensive, illegal, slanderous, obscene Contents, which are in any case non compliant with the law or intentionally detrimental to third parties;

- Do not publish Contents aimed at the distribution of political, spiritual or religious ideologies;

- Do not infringe the privacy of third parties: for example by displaying names and surnames, cell phone numbers or addresses. In particular do not supply information regarding persons under the age of 18;

- If you send photos or videos of persons under 18 years of age, you must ensure that you have obtained the express consent of the parents or guardians;

- Always verify the validity of the data inserted in the Contents and refer to the source of texts and/or articles written by other parties, if any. Always ensure that you comply with the laws applicable in Italy, in relation to patents and other industrial or intellectual property rights;

- Always avoid publishing explicit or subliminal advertising messages;

how does calzedonia protect my privacy and my data?

Calzedonia considers people’s privacy to be an essential value. In particular we are committed to protecting the privacy of users on our Websites. If you wish to know how, we invite you to consult the following link: Privacy Policy.

Calzedonia implements security and preventative measures of a technical and organizational manner aimed at protecting the security of its Websites and of their Users. In particular, these measures are aimed at ensuring that the information in relation to its Users is protected from the risks of loss, destruction, unauthorized access or illegal use.

With specific reference to the payment systems available for purchases on the Websites, we use PCI DSS standard systems with regards to information relative to credit cards. Calzedonia does not possess any data files storing such information.

With specific reference to the reserved areas available to the User (e.g. Wish List, My Intimissimi), the above are subject to registration and the subsequent allocation of access credentials by Calzedonia, composed of a User ID linked to a Password.

You can make the most important contribution to your password security by following a few simple precautions:

- Keep your password secret, do not give it to anyone and do not write it down.

- Do not allow anyone else to use it;

- If you think that the security of your password has been infringed, change it. We would remind you that for your greater security, our systems force you to change the password you have been assigned at registration upon your initial access to the Website, in such a way that no one else, other than yourself, can know it;

These General Conditions are regulated by Italian Law and shall be interpreted accordingly. Possible disputes inherent and/or subsequent to the above must be resolved under Italian Jurisdiction. The Verona Courts have been assigned jurisdiction for the application of these General Conditions.

user generated content terms of use (ugc tou)

Please Note that this is a legal agreement between you ("You") and Calzedonia S.p.A. and, if any, its subsidiaries and affiliates (collectively, "Calzedonia," "We" or "Us"), owner of the website intimissimi.com. You should read carefully the following terms of use ("TOU").
By accepting to have your picture, and, at Calzedonia’s sole discretion your caption associated with such picture posted by Calzedonia, you agree to be bound by these TOU. These TOU affect your legal rights and obligations. If you do not agree to be bound by all of these TOU, you should not accept to have your content/contribution posted by Calzedonia on its digital platform.

1. Giving your approval (even through specific hashtag), You authorize Calzedonia S.p.A. to communicate and/or publish or diffuse of a contribution of theirs, of any form or nature and on any support (including, without limitation, images, photos, videos, sounds, music, texts, and works of any type), grants permanently, irrevocably, non-exclusively, free of charge and royalty, all and any rights of economic exploitation including the rights related to copyrights and rights relevant to these contributions (hereinafter “Authorized Contributions” or “Contribution/s”). Therefore, You expressly acknowledge that Calzedonia has the right to use, re-use, create derivative works, publish, re-publish, display, perform, transmit, exhibit, keep in database and reproduce the Contribution, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to advertising, publicity, promotion, packaging, and trade, without restriction as to manner, frequency, or duration of usage, it being understood that Calzedonia will have no obligation to display the Contribution and You will have the right to ask for your Contributions’ deletion, in every moment, by way of email message to the address: [email protected]. Calzedonia reserves the right to display your picture without your caption.

2. You represent that You are at least eighteen (18) years old or adult under your legislation. If You are not of such age, your parent or guardian shall accept these TOU on your behalf. Moreover, You acknowledge and agree to abide by all applicable laws in your Country on this matter.

3. You guarantee that You own the Contribution or otherwise have the rights and the legal power to act in order to commit to these TOU in your jurisdiction and that the contribution is an original and exclusive work and that the work:

- does not derive of any work of third parties without their authorization;

- does not breach or can breach in any way privacy rights, publicity rights, author’s rights, registered trademarks or other rights of intellectual or industrial ownership of third parties;

- does not breach or can breach in any way the economic rights or personal rights of third parties as You have received the authorization and/or specific consent by any third party (or any other person having rights on them);

- does not breach any law provision, including by way of example, Law no. 633/1941; Law Decree no. 30/2005; Law Decree no. 70/2003; Law Decree no. 196/2003 as subsequently amended, modified and/or integrated;

- it is not indecent, racist, discriminatory or, in any way, contrary to public order or public morals;

and commits to indemnify Calzedonia S.p.A. and its entitled persons in any case in which one or more of the above-mentioned statements are false or incorrect.

4. Calzedonia is not responsible for, and does not endorse, the Contribution and does not have any obligation to prescreen, monitor, edit, or remove any Contribution.

5. In case of your Contribution violates these TOU, You may bear legal responsibility for that Contribution, in any case, for the contractual liability or non-contractual liability (including, for example, negligence or breach of the law) in case of: (i) patrimonial damages (including, for example, any arising damage, loos of income, current or forecast profits, contracts, business, opportunities or forecast savings); (ii) loss of reputation; (iii) consequential or indirect damage suffered by the Grantor or third parties.

6. You accept that you will indemnify and/or defend (at Calzedonia’s request) Calzedonia and/or its entitled persons, and will hold it harmless from all costs, direct and indirect damage, expenses, losses, including legal and court fees relevant to any claim and/or application and/or action that can be performed at any place by third parties, including public authorities, administrative and state bodies, due to any dispute deriving from or relevant to the use of the contribution by Calzedonia and/or your entitled persons and to the statements and guarantees given by You in these UGC TOU.

7. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Calzedonia. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

8. These TOU shall be governed and enforced in accordance with the Italian Law, without regard to its conflict of laws rules. Any proceedings and/or actions relating to the subject matter shall be brought exclusively in the courts located in the State of Italy. The competent Court is the Court of Verona.

information notice regarding data processing (art. 13 d. lgs 196/03)

Calzedonia S.p.A. (hereinafter referred to as “Calzedonia” or “Controller”) wishes to inform you that D. Lgs 196/2003 (“Code of Privacy”) ensures that personal data are processed by respecting all Data Subjects’ rights, fundamental freedoms and dignity, particularly with regard to confidentiality, personal identity, privacy and the right to personal data protection. Based on this Code, the processing of all personal data shall be transparent, conspicuous and lawful in order to fully protect legal rights.

Please read the following information that describes how and why we process personal data as we do.

Categories of data collected
The data collected consists of personal data (included but not limited to: full name, alias, photographic images, videos, and/or including third parties etc). The Data Subject will give to Calzedonia images or video including third parties, only after obtaining consent by owner in accordance with D.Lgs 196/2003. In particular, the consent shall be explicit, informed and documented in written form. Moreover, the consent shall be given referring to the purposes of the processing outlined in this document.

Type of processing
Personal data will be processed by digital and electronic means and will be possessed by Calzedonia for no longer than is necessary to achieve the purposes for which it has been collected.

Purpose of processing
Personal data will be processed for communicating and promoting Calzedonia’s brands through publication and dissemination of images and videos provided by the Data Subject on websites, social networks and all of the digital channels managed by or utilized by third parties associated with Calzedonia.

Disclosure of Personal Data: Processor and Person tasked with processing
Personal data may be disclosed to Companies belonging to Calzedonia Group and to Calzedonia’s suppliers (specifically appointed as “Processor”). Calzedonia’s employee (appointed as “Person tasked with processing”) may have access to personal data. Images and videos collected could be disseminated on websites, on social networks and all of the digital channels managed by or utilized by third parties associated with Calzedonia.

Data Provided Voluntarily
Data Subjects provide personal data on a voluntary basis. Should a refusal to provide images or video occur, the Controller will not disseminate or publish data to achieve its purpose for which it has been collected. The consent to disseminate and publish will be expressed by the Data Subject through identification of a specific “hashtag” #INTIMISSIMIOK . Calzedonia will send the Data Subject a specific message via an Instagram Post. Should consent exist, the Data Subject shall respond to Calzedonia’s post by writing the hashtag #INTIMISSIMIOK . This hashtag will count as an expression of consent to the publication and dissemination for the purposes described in this document.

Data Subjects’ rights
Data subjects are entitled at any time to obtain confirmation of the existence of personal data concerning themselves and be informed of their contents and origin, verify their accuracy, or otherwise to request that such data be supplemented, updated or rectified (Section 7 of Legislative Decree no. 196/2003). The above Section also provides for the right to request deletion, anonymity or blocking of any data that is processed in breach of the law, as well as to object in all cases, on legitimate grounds, to processing of the data. All requests should be emailed to: [email protected] Controller of Personal Data is Calzedonia S.p.A., headquartered in Dossobuono di Villafranca, Via Monte Baldo 20, Italy.