The following clauses, to be considered an integral and substantial part of the agreement as they are supplementary, govern the "App" service offered by Tublat.com. Where not expressly provided by this integration, the aforementioned general conditions apply.
WHEREAS
1. Tublat.com is a company operating in the ICT sector and in the development of technological services related to the Mobile world.
2. The Customer intends to enter into an agreement with Tublat.com in order to use the systems and IT platforms managed by Tublat.com.
3. Validity of the Recitals and Attachments
3.1 The Recitals, Attachments, and the economic conditions outlined in individual orders made by the Customer constitute an integral and substantial part of this Integration (hereinafter referred to as the "Integration").
4. Definitions
4.1 In this Integration, the parties agree on the definition of the following terms, both in the singular and plural:
"Application" (hereinafter also "APP"): a software program prepared and compiled using Tublat.com's hardware/software systems and made available to the public for use/download from platforms such as App Store® / Google Play® / similar or derivative services / access via Internet or intranet.
"App Editor": the IT system managed by Tublat.com for the development and maintenance of apps (hereinafter also the "Platform"), accessible via the website app-editor.tublat.com.
"Order": a commercial request sent by the Customer via an online or paper form or in response to an email offer.
"Data": files and information of any kind (contacts, text, photos, audio, video, links, social media profiles, etc.) entered under the Customer's responsibility and stored on the Platform.
"Guest": any person invited by the Customer to comment or post Data on the Platform, under the full responsibility of the Customer.
"User": any individual who accesses an APP available on the Platform.
5. Purpose of the Integration
5.1 By signing (also via confirmatory payment following an email offer) this Integration, the Customer requests that Tublat.com allow them to use, under the criteria and methods defined below, the App Editor Platform and all associated services, including the possible initial setup of the APP (as specified on the website www.tublat.com).
5.2 The use of the App Editor Platform is granted by Tublat.com through a non-exclusive, worldwide, and time-limited license (hereinafter also the "License"). The License is granted to the individual Licensee and is intended for use of the service throughout the duration of the Agreement under the following conditions. The License is transferable only under the conditions and terms set forth in Article 7. The License does not transfer any ownership rights over the Platform, its technology, or its content to the Licensee. All rights not expressly granted to the Licensee are reserved by Tublat.com.
5.3 The Licensee acknowledges having verified that the Platform is fully functional. Registration to the Platform and its use constitutes express acceptance of the Integration and its related attachments.
5.4 This Integration supersedes any previous agreements regarding the use of the App Editor Platform.
6. Subscription to the Platform for APP Management (APP Maintenance)
6.1 During the registration process, the Customer will be assigned a login (email) and a (temporary) password, which are reserved and intended for subsequent access to the Platform (the password may be changed at any time). The parties expressly acknowledge that the use of login and password is the only and sufficient means for the identification of the Licensee. The parties therefore agree that all requests, order acceptances, and other actions and activities carried out upon accessing the restricted area of the website are considered as made by the Licensee, who will be consequently bound by them.
6.2 During online registration or upon direct request, the Customer agrees to provide their data correctly and truthfully, also providing a permanent and functioning email address for receiving communications regarding this Integration.
6.3 If the Licensee provides incomplete, incorrect, or false data, as prescribed in the previous sections, Tublat.com has the right to not activate, suspend, and/or terminate the use of the Platform until the Licensee rectifies such issues.
6.4 In any case, the Licensee acknowledges and agrees that the electronic and/or telematic records made by Tublat.com and/or its suppliers may be used and opposed before any competent authority for evidentiary purposes under the terms and effects of this Agreement. In particular, the parties may rely on such records as valid civil evidence of the existence of the relationships and/or actions subject to any dispute.
7. Purchase and Use of Services
7.1 The Customer, through one or more Orders, requests Tublat.com to purchase or renew one or more Licenses related to the use of the App Editor Platform and/or the service of setting up the APP(s) by Tublat.com's technicians.
7.2 Once Tublat.com receives the Order (also with confirmatory payment), it will review and validate it. Tublat.com reserves the right to not accept the Order either during input or during the development of the project.
7.3 The License allows the Licensee to use the platform for managing and modifying the APP(s) according to the criteria and limits specified in the following sections.
7.4 The Customer requesting the APP setup service is required to provide Tublat.com with texts, images, videos, documents, web links that they wish to include in the APP and to grant a release confirming their ownership of the rights to these materials.
7.5 Tublat.com will review the provided materials and reserves the right to accept them at its sole discretion. Once accepted, the materials will be included in the "APP draft."
7.6 The Customer can review the work performed through a "preview" system on the App Editor to be downloaded from the App Store® / Google Play® and may request a limited number of modifications based on the proper evaluation by Tublat.com's technicians.
7.7 Once the Customer approves the "APP draft," they acknowledge that the APP setup service (partial customization service) has been successfully completed and confirms their satisfaction and full compliance with the description provided by Tublat.com during the commercial proposal.
7.8 Tublat.com may use the APP as a promotional tool on its own websites or those of commercial partners. The Licensee has the right to request its removal at any time by sending an email communication.
7.9 Tublat.com remains the owner of the source files of each APP in any case.
8. APP Publishing Service
8.1 Once the Order has been finalized, as indicated in the previous Article, the Licensee may authorize Tublat.com to request the publication of one or more APPs on the Apple® and/or Google® stores. The number of APPs that can be published shall not exceed the number of licenses purchased.
8.2 The provision of this service is subject to preliminary evaluation by Tublat.com to assess the necessary prerequisites for the compliance and suitability of the APP’s appearance and content, as well as the payment of all amounts specified in the order. Tublat.com may reject, at its sole discretion, any publication request deemed non-compliant or unsuitable, providing reasons to allow the Licensee to make the required changes or submit the missing documents.
8.3 The APP must not only meet the prerequisites established by Tublat.com but also those of the Apple® or Google® Stores. Therefore, the Licensee will be promptly notified if a Store (Apple® or Google®) has rejected the publication due to a violation of its terms and/or general conditions. Once notified, the Licensee must modify the APP in accordance with the specific Store's terms and conditions. Tublat.com, despite performing preliminary checks, cannot be held responsible for such rejections, as they are entirely dependent on criteria and evaluations external to Tublat.com itself, including changes in conditions or their arbitrary application by the Stores.
8.4 By requesting the APP publishing service, the Licensee expressly agrees that Tublat.com may act in its name and on its behalf in dealings with the Apple® or Google® stores. The Licensee also fully accepts the general terms and conditions of each individual Store and agrees to hold Tublat.com harmless from all claims and actions arising from the unlawful use of the request.
8.5 Once the APP passes the Store checks, it will be published and made available for download by Users. Each APP must be linked to the "developer" account of the APP's holder; therefore, each Licensee will be required, at their own expense, to create a Developer Account following the guidelines of the Google® and Apple® websites; the Licensee must provide Tublat.com with the Authentication data for the Account.
8.6 The service allows a maximum of 2 republishing requests per individual APP and per individual Store in the first calendar year. If the request for publishing an update for the Stores is deemed unjustified, Tublat.com reserves the right not to complete the submission process; after the first calendar year from the publication date, the Licensee may request additional republishings for a fee, which will be communicated in advance on a yearly basis.
9. Technical Support and Maintenance
9.1 Tublat.com provides technical support for hardware and software limited to the Platform. Interventions on equipment and anomalies caused or directly attributable to the Licensee's lack of skill are not included in the obligations of this agreement. No technical assistance is provided to the Licensee on programming and/or management issues not directly related to the functions offered and outlined in this contract, nor to services directly provided by Tublat.com.
9.2 The "App" service, sold in combination with the App design service, provides, for the duration of the contract, unlimited updates for the apps on the Google and Apple stores, free use of the platform, access to tutorials, and the ability to open unlimited tickets through the client area on Tublat.com during business hours in Italy. The "App" service, included for the first year, must be mandatorily renewed on a yearly basis unless canceled by the Tublat customer area at least 45 days before the service expiration. Failure to renew the service will result in the permanent removal of the Apps from the Stores and deactivation of associated services, such as, but not limited to, the use of the platform. Tublat.com is not obliged to perform backups; when possible, these are the responsibility of the Client.
10. Economic and Commercial Conditions
10.1 The use of the Platform and Tublat.com services is provided to the Client at the prices listed in the Order (confirmed via email), unless otherwise agreed upon by the parties, including via email, during the term of the Contract, which will become an integral part of this agreement. Tublat.com reserves the right to change the economic conditions at any time, which will be applied upon any renewal of the License.
10.2 Any billing complaints must be submitted in writing to Tublat.com within one month from the date of receipt of the invoice.
10.3 No refund will be accepted once payment has been made.
11. Modification and Suspension of Service
11.1 Tublat.com may modify or update this Agreement at any time, including the Attachments. The Licensee is required to regularly check the "Terms of Service" page on the website www.Tublat.com.com, where the latest applicable version is published.
11.2 If the Platform is suspended and/or limited, in whole or in part, due to events arising from force majeure or fortuitous events, such as, but not limited to, network failures, supply equipment issues, power supply interruptions, or disruptions in services provided by telephone/Internet operators, as well as in case of unplanned and technically essential extraordinary maintenance or modifications, Tublat.com is not required to provide prior notice, though it will do its best to restore the availability of the suspended and/or limited Platform.
11.3 Tublat.com may suspend or terminate the License at any time if the Licensee's use of the Platform jeopardizes its security or stability.
12. Obligations and Responsibilities
12.1 The Licensee guarantees that they have full title and right to enter into this Agreement and certifies that they possess the minimum technical skills necessary to use the Platform.
12.2 The Licensee must have an Internet connection and adequate hardware/software for using the Platform; the costs for these essential requirements are the responsibility of the Licensee. To best utilize the Platform's functionalities, the use of a desktop or laptop computer is recommended.
12.3 The use of the Platform and Tublat.com’s online services for illegal purposes, or for sending unsolicited advertisements to users with whom there is no prior relationship, is strictly prohibited. It is also prohibited to send or host illegal data (obscene, pornographic, threatening, defamatory, or harmful to minors or privacy). The Licensee must therefore ensure that the Platform is not used illegally, in violation of the laws of the Italian Republic, the European Union, and any applicable local laws where the Licensee or Users reside.
12.4 The Licensee must:
- Regularly check the email address provided to Tublat.com;
- Ensure they have properly logged out via the designated link;
- Immediately notify Tublat.com of any unauthorized use of passwords/accounts or any security breach, whether known or suspected;
- Immediately report any violation or suspected violation by Users regarding the use or distribution of copyrighted content and do everything possible to stop it. This applies also to violations or suspected violations of trademarks and business signs;
- Avoid impersonating third parties or providing false identity information to access or use the Platform.
- Promptly notify Tublat.com via email of any changes to their previously provided personal details.
12.5 The Licensee agrees to keep the access and authentication codes (passwords) confidential and not to transfer them to third parties, and is responsible for safeguarding them.
12.6 Users must be of legal age or legally recognized as such.
12.7 The information, data, and messages published by Users are considered their exclusive responsibility.
12.8 The Licensee is fully responsible, indemnifying Tublat.com, for the use or sharing of content protected by copyright laws, as well as for the use of trademarks and business signs.
12.9 The Licensee acknowledges that they are solely and exclusively responsible for activities carried out through the Platform, directly or indirectly related to them, even if the Licensee has entered into a Contract on behalf of third parties authorized to use the Platform, and specifically recognizes responsibility for the content and communications inserted, published, disseminated, and transmitted on or through the Platform. Therefore, Tublat.com cannot be held liable for illegal activities, criminal, civil, or administrative actions committed by the Licensee through the Platform, including issues related to data protection, intellectual property, and individual rights, including third-party rights.
12.10 Any tax burden arising from the execution of the Agreement, including any taxes related to advertising activities, is the responsibility of the Licensee.
12.11 Without prejudice to Tublat.com's responsibility in cases of fraud or gross negligence, the Licensee agrees to indemnify and hold Tublat.com harmless from any responsibility arising from the temporary inability to access or use the Platform, including, but not limited to, the following cases: malfunctions in telephone lines, electrical systems, and global/national networks, such as faults, overloads, interruptions, lack of signal coverage, etc.; non-compliance by third parties affecting the Platform's functionality provided to the Licensee, including, by way of example, slowdowns or failures in telephone/data lines and processing systems managing the traffic between the Licensee and Tublat.com’s system; events due to suspension or interruption of Tublat.com’s systems, even if this occurs on the order of a competent authority; force majeure events; issues resulting from improper or incorrect use of the equipment at the Licensee's premises; events caused by the Licensee or their collaborators or assistants.
12.12 Furthermore, due to the specific structure of telematic services, in which multiple entities are involved, no guarantee can be provided regarding the constant availability of the Platform. In this regard, the Licensee agrees not to hold Tublat.com responsible in the event of temporary inability to access or use the Platform.
12.13 The Partner shall indemnify and hold Tublat.com harmless from any and all liability related to the transfer of the License(s) granted to the End Customer, and in general, from any claim made by third parties and/or the End Customer itself in connection with the performance of the Contract executed between the Partner and the End Customer.
13. Limitations
13.1 Tublat.com does not guarantee the duration or optimization of the APP for any single Internet browser or operating system. Tublat.com therefore does not guarantee the compatibility of the APP when such an operating system and/or browser is updated.
13.2 The Licensee acknowledges that variations in bandwidth and other unforeseen issues in Internet networks and/or hosting services may cause temporary difficulties in accessing the Platform.
13.3 The Licensee acknowledges that the APP may not function correctly if the code they wish to incorporate into the Platform is incompatible with it. Tublat.com cannot be held responsible for this eventuality.
13.4 Tublat.com shall not be liable in the event of unavailability of the Platform due to failure or connection issues which result in direct or indirect damages, such as, by way of example, loss of sales, loss of profit, loss of customers, damage to the image or reputation of the Licensee and the End Customer, or any other loss of information/data of any kind.
13.5 Furthermore, Tublat.com cannot be held liable for malicious use of data by a customer, user, visitor, or third parties.
13.6 Tublat.com cannot be held liable if, due to the Licensee, the following occurs:
* Deterioration of the computer system hosting the Platform;
* Disclosure, loss, or illegal use of access codes;
* Fault, omission, negligence over which Tublat.com has no control;
* Temporary or permanent interruption of the Platform due to an order from an administrative or judicial authority;
* Partial or total destruction of the Licensee's data attributable to the Licensee.
13.7 Tublat.com cannot be held liable if the performance of the contract or any other obligation by Tublat.com is obstructed, limited, or prevented due to fire, explosion, network communication failure, collapse of hosting structures, epidemics, earthquakes, floods, power failure, war, embargo, orders or injunctions issued by any government, strikes, boycotts, loss of telephone operator and/or hosting provider's license, or any other circumstance beyond Tublat.com’s control (so-called "force majeure").
14. Duration
14.1 This agreement shall be effective from the date of Registration/Order.
14.2 The Order/Attachments/Confirmation Email specifies the possible expiration date of the License. Upon expiration of the License, the linked account may be deactivated/terminated at any time, at Tublat.com’s discretion.
14.3 If the Licensee does not renew the License or fails to place an Order, Tublat.com reserves the right to deactivate/terminate the related account at any time.
14.4 Once the account is canceled, the Contract shall be deemed automatically terminated by law.
14.5 The Licensee understands and agrees that, during the account deactivation/termination process:
* Any data or information possibly uploaded to the account may be permanently deleted, and the Licensee undertakes to back up such data promptly.
* The APP(s) published through the Tublat.com Developer Account may be removed from the Account at Tublat.com’s discretion and timing.
15. Termination Clause
15.1 The Contract shall be deemed immediately terminated, without prior notice, in the event of a breach of the obligations set forth in Art. 11, as well as in the case of:
* Failure to pay within the terms and conditions set forth in the Order or Attachment B;
* Breaches by the Licensee of the obligations contained in this Contract;
* Attempts by the Licensee to breach Tublat.com's IT systems;
* Attempts by the Licensee to breach third-party IT systems using the tools provided by Tublat.com.
16. Communications
16.1 Any communication regarding the Contract shall be made through all possible digital channels or via email to the address provided by the Licensee. In any case, if the Licensee provides incorrect addresses or fails to maintain them up to date, the communications will still be deemed successfully delivered.
16.2 No responsibility can be attributed to Tublat.com in case of service interruptions or delays due to the Licensee’s failure to update their contact information, as described in the preceding paragraph.
16.3 Tublat.com may also send the Licensee information and updates regarding the Platform and Tublat.com’s services via all digital channels (e.g., newsletters, mail, mobile messages, SMS, automated phone messages, etc.).
17. Appointment as "Data Processor" pursuant to Art. 29 of Legislative Decree 196/2003
17.1 The Client, in relation to the contractual relationship with Tublat.com under this agreement and the related processing of personal data for which it is the "Data Controller" pursuant to Legislative Decree 196/2003, appoints Tublat.com, which accepts, as the "Data Processor" of such data processing with the designation document included in Attachment “A”, according to the conditions and limits stated therein, which is to be fully incorporated into and forms an integral part of this Contract.
17.2 Data Processor's Obligations:
* Strictly follow the instructions and decisions of the Data Controller;
* Take all necessary actions to ensure the full legality and compliance in carrying out data processing activities in accordance with the current laws and regulations, in particular Legislative Decree 196/2003 and its subsequent amendments, as well as decisions and opinions issued by the Data Protection Authority;
* Implement the most appropriate measures to comply with the data protection requirements as outlined in Legislative Decree 196/2003;
* Within its company/structure, establish all necessary logical, technical, or organizational measures to ensure that data subjects can exercise their rights as set out in Art. 7 of Legislative Decree 196/2003;
* Within its company/structure, take all necessary actions to ensure that data subjects can exercise their rights under Art. 7 of Legislative Decree 196/2003 according to Art. 8 and following of Legislative Decree 196/2003, and in any case, act on requests from data subjects;
* Adopt any measures (blocking, deletion, rectification, etc.) as required by the Data Protection Authority resulting from requests made by data subjects;
* Appoint “Data Processors” pursuant to Art. 30 of Legislative Decree 196/2003 the individuals within its company/structure who are responsible for processing the data and provide them with instructions for the correct handling of personal data, overseeing and monitoring the execution of these instructions;
* Appoint “System Administrators” within its company/structure who are tasked with such functions and provide them with instructions for the correct execution of their duties, overseeing and monitoring the implementation of the instructions, and ensuring compliance with the Data Protection Authority's General Provisions on “Measures and precautions required for data processing with electronic tools in relation to the appointment of system administrators” dated November 27, 2008. The Data Processor must also prepare and keep a list with the identification details of the individuals appointed as System Administrators available to the Data Controller;
* Coordinate all data-related activities performed by Data Processors within its company/structure;
* Within its company/structure, implement, maintain, and ensure the introduction of security measures (minimum and suitable) as per Articles 31-36 of Legislative Decree 196/2003 and its Annex B, as amended, and periodically update these security measures in line with technological, regulatory, and practical developments;
* Adopt the most appropriate operational procedures and security measures to ensure transparent and correct handling of relations with data subjects;
* Adopt all other measures as outlined in Articles 31-36 of Legislative Decree 196/2003 and its Annex B, as amended;
* Conduct periodic checks to ensure compliance with the instructions provided to Data Processors and the applicable data protection regulations, including security aspects, as well as the actions of System Administrators;
* Promptly report to the Data Controller any element, issue, or request from a data subject that could result in liability for the Data Controller in relation to data processing activities;
* Act in relation to any requests or decisions from the Data Protection Authority or any other competent public authority regarding data processing activities, promptly informing the Data Controller;
* Ensure that data processing is carried out exclusively for the purposes established and explicitly stated in writing by the Data Controller, or strictly necessary to fulfill this agreement, and always for determined, explicit, and legitimate purposes, with the prohibition of data communication or dissemination unless required by law, the obligations under this contract, or the Data Controller itself;
* Ensure that personal data processing, even by its collaborators and suppliers, in countries outside Italy or the European Union, is in compliance with the applicable data protection legislation of the Data Controller and the relevant country’s laws.
18. Personal Data Processing and Security Measures
18.1 The processing of personal data of individuals is subject to Italian data protection law, in particular Legislative Decree 196/2003, the Personal Data Protection Code, and its subsequent amendments. The Parties acknowledge their awareness of this legislation and commit to complying with it strictly.
18.2 Regarding the personal data under Art. 17.1 above, the Parties acknowledge that the Licensee must be considered, and is indeed, an independent data controller of their respective data processing activities pursuant to Art. 4, paragraph 1, letter f) of Legislative Decree 196/2003 (Personal Data Protection Code).
18.3 Regarding the processing of personal data under Art. 17.1 and 17.2 above, the Licensee:
* Declares and guarantees, as the exclusive data controller of the data of users of each APP, that the personal data collected, processed, and stored comply with the requirements established by law, including, but not limited to, the correct completion of the data subjects’ consent.
19. Information pursuant to Art. 13 of Legislative Decree No. 196 of June 30, 2003 – Personal Data Protection Code
19.1 The Parties mutually declare that personal data relating to the legal representatives and employees/collaborators of the other Party will be processed by each of them and by their respective Data Processors, using both automated and non-automated tools, in compliance with the provisions of Legislative Decree No. 196 of June 30, 2003 – Personal Data Protection Code, for the following purposes: to execute this agreement and fulfill the related obligations and performances. For these exclusive purposes, the data may be communicated by the Parties to banking operators and companies providing Internet and IT services, including those based in countries outside the European Union that do not provide an adequate level of personal data protection, and will be disclosed to the Data Processors and the personnel designated by the Parties. The provision of data for these purposes is voluntary, i.e., it does not arise from a legal obligation. The failure to provide the data for these purposes will prevent the conclusion and execution of this contract. The individuals concerned by each Party are entitled to the rights provided by Art. 7 of Legislative Decree No. 196 of June 30, 2003. Regarding the exercise of these rights, as well as to obtain the updated list of Data Processors designated by the Parties, the individuals concerned can contact the Parties at the contact details provided in the heading.
19.2 The Parties undertake to inform their legal representatives and employees/collaborators of the content of this notice and the text of Art. 7 of Legislative Decree No. 196/2003 and to comply with necessary actions so that the processing of personal data of the aforementioned individuals is carried out in accordance with applicable law.
20. Court of Jurisdiction
20.1 This agreement is entirely governed by Italian law and, in case of any dispute arising from the interpretation and/or execution of this agreement, the exclusive and non-derogable jurisdiction shall lie with the Court of Benevento.
In view of the foregoing, the Parties agree and stipulate the following:
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Parties declare that they have reviewed and expressly approve the following articles of this agreement: Art. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 19.
ANNEX A
DESIGNATION ACT AS DATA PROCESSOR PURSUANT TO ART. 29 OF LEGISLATIVE DECREE NO. 196 OF JUNE 30, 2003 – PERSONAL DATA PROTECTION CODE
The Client and Tublat.com have entered into a contractual agreement for the use of the App Editor Platform through a specific License, as described and according to the conditions set out in the aforementioned agreement.
The Client, as the Data Controller of the personal data (hereinafter referred to as "Data Controller") relating to the aforementioned agreement, designates Tublat.com, who accepts, as the Data Processor of such data processing, pursuant to Art. 29 of Legislative Decree No. 196/2003 (hereinafter referred to as the "Processor"), solely within the scope of the assignment entrusted to it by the Client and in accordance with the nature and characteristics of the said service.
The selection of the Processor was made after careful verification of the reliability of the operator, including its professional capabilities and organizational adequacy.
The Processor, with reference to the data processing for which it has been designated responsible, must take all necessary actions to ensure compliance with the applicable laws concerning personal data processing and undertakes to carry out such data processing in accordance with such regulations. To this end, by signing this document, the Processor declares to be aware of the current provisions in this regard and also undertakes to stay updated on any developments in the legislation, case law, and interpretations of the aforementioned discipline.
With regard specifically to the data processing for which it has been designated responsible and the obligations assumed under the contract referred to in the previous Art. 1, the Processor must:
It is understood that it is the sole responsibility of the Data Controller to provide the individuals with the notice referred to in Art. 13 of Legislative Decree No. 196/2003 and to obtain valid consent for the processing pursuant to Art. 23 of Legislative Decree No. 196/2003.
The Processor undertakes from now on to allow the Data Controller to exercise the oversight duty pursuant to Art. 29, paragraph 5 of Legislative Decree No. 196/2003, in the manner deemed most appropriate by the Data Controller.
The Processor acknowledges that the compensation due to it under the agreement referred to in Art. 1 of this agreement takes into account the obligations and activities assigned to it by this designation and that no additional amounts will be due to the Processor by the Data Controller with regard to the related obligations and services.
In the event of non-fulfillment of one or more obligations placed on the Processor by this document, the Data Controller may terminate the contract concluded with the Processor under Art. 1 of this agreement and this designation, giving notice to the Processor by registered letter.
The Processor undertakes to indemnify the Data Controller from any damage the Data Controller may suffer as a result of the Processor's violation of the obligations undertaken in this designation and the related laws concerning the processing of personal data with reference to the data processing subject to this document, including those concerning security measures.
This designation is valid until the natural end of the contractual relationship referred to in Art. 1 of this agreement established between the Data Controller and the Processor.
Prior to the aforementioned term, this designation shall be considered revoked by operation of law upon the termination, for any reason, of the contractual relationship referred to in Art. 1 of this agreement between the designated Processor and the Data Controller.
The Data Controller has the right to revoke the designation at any time by written notice.
Within 15 (fifteen) days from the end of the aforementioned contractual relationship between the Data Controller and the Processor or from the receipt of the revocation notice of this designation sent by the Data Controller to the Processor, the Processor must make the personal data in its possession related to the data processing subject to this designation available to the Data Controller and cease any processing of such data carried out for the Data Controller, unless required to comply with mandatory legal provisions.
Any dispute regarding the interpretation or execution of the provisions set out in this document shall be exclusively submitted to the Court of Benevento.
This document is drawn up in duplicate, and each party receives one copy.
The Client and Tublat.com declare to have reviewed and expressly approve the provisions contained in the following clauses of this designation: Art. 3. Default, termination, and liability; Art. 4. Duration; Art. 5. Court of jurisdiction.
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