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Trattamento dei dati personali degli utenti
The Customer consents to YouDriver using the data entered for the purposes set out herein, in particular to enter them into its own database, to share them, to advertise them and for any other use necessary to achieve the purpose hereof, as specified in the notice which may be viewed on the site.
* * * Driver Solutions S.r.l. unipersonale located at Piazza Falcone e Borsellino, 2, 47814 Bellaria Igea Marina (RN), in full compliance with the European Regulation on the protection of personal data, pursuant to Art. 13 of the same, is providing you with the following notice, which you should read carefully in order to give, by signing it, your informed consent to the processing of your data.
The Controller is Driver Solutions S.r.l. (VAT No. 04359850403), located at Piazza Falcone e Borsellino, No. 2, 47814 Bellaria Igea Marina (RN), in the person of its legal representative in office, hereinafter also "Company"; the Processor is the Legal Representative in office. The Controller and the Processor can be contacted at the registered office of the company indicated above, in particular, for the purposes set out in this notice at the following certified e-mail address firstname.lastname@example.org. The data will be processed by the company's internal staff, such as employees, sales agents and possibly also by external personnel, such as, by way of example, collaborators, sales office, payroll office, IT technician, company management contact person, suppliers, workers, if qualified to process the data by means of a specific deed of appointment. The contact details of the controller are: Driver Solutions S.r.l. (VAT No. 04359850403), Piazza Falcone e Borsellino, No. 2, 47814 Bellaria Igea Marina, certified email address: email@example.com.
In relation to the existing relationship, Driver Solutions S.r.l. intends to collect primarily your company data, personal "identifying" data such as, by way of example: general personal details, addresses, tax ID or VAT number, pictures, whether they depict the condition of company premises or pictures of people, videos or film clips of people and/or the company. Driver Solutions S.r.l. also intends to collect personal data such as data relating to your bank (current account No., credit card No., etc.) necessary to make and receive payments for services purchased by the data subject or to issue any refunds. The data are collected through express consent.
Processing of the personal data provided is aimed at:
• Execution of the contract
• For advertising purposes, (brochures, posters, website)
• Fulfilment of obligations provided for by law and connected to the contractual relationship
• For strictly commercial, accounting and statistical purposes
• For contract management, e.g. relations with transport services, agents, representatives, principals, customers and/or contractors
- For external professional collaborations in order to ensure the successful implementation of the contract, for fulfilling legal obligations
- To guarantee the protection of rights and duties arising from the contract
- To enable internal statistical analysis
- For marketing activities by sending advertising, promotional and informative material related to the products and services covered by this contract or also related to products or services similar to those covered by the existing business relationship.
The above list is illustrative and not exhaustive, and it is the will of the data subject to authorise and consent to use not expressly provided for, on condition that it is carried out in compliance with current legislation on data protection.
The processing of data is authorised and permitted by virtue of explicit consent, expressed at the end of this notice, or by virtue of a specific contract between the parties. Failure to provide the required data wholly or partially or supplying inaccurate data may not allow for successful, correct or due execution of this contract.
In relation to the purposes indicated above (point 3), the data may be disclosed to the following subjects:
- Companies, customers or service contractors, external subjects who carry out services connected or instrumental to that of Driver Solutions S.r.l. contacted by the same for performing its services
- Banks for handling collections and payments
- Financial administrations or public institutions in compliance with regulatory obligations
- Companies, law firms, commercial firms, payroll offices, employment consultants, professionals and consultants (marketing, commerce, advertising, web agencies, etc.), factoring companies, credit collection companies, credit insurance companies
- Agents, representatives, business finders.
Currently, data are processed not only by the Controller and processor, but also by employees at the company; by external collaborators duly appointed; sales agents; IT technicians; service providers (for example, company management, accountancy firm, law firm, labour consultant firm, collection agencies, transport service).
The personal data will be processed on paper, on computer and via telecommunications means and entered in the relevant databases accessible by the persons in charge of data processing, third parties providing specific processing, administrative or instrumental services in any case necessary to achieve the above purposes (point 3). All processing operations are carried out in such a way as to guarantee the integrity, confidentiality and availability of the personal data collected. The data are processed in compliance with the principles established by the European regulation in Art. 5, therefore:
- they are processed in a lawful, fair and transparent way towards the data subject, ("lawfulness, fairness and transparency")
- they are collected for specific, explicit and legitimate purposes, and subsequently processed in a way that is not incompatible with such purposes
- the data collected are adequate, relevant and limited to what is necessary with respect to the purposes for which they are processed ("data minimisation")
- the data collected are accurate and, if necessary, updated, taking all reasonable steps to immediately erase or rectify data that are inaccurate with respect to the purposes for which they are processed, ("accuracy")
- data are stored in a form that permits identification of data subjects for no longer than is necessary for the purposes for which they are processed, ("storage restriction")
- data are processed in a manner that ensures adequate security of personal data, including protection, through appropriate technical and organisational measures, against unauthorised or unlawful processing and accidental loss, destruction or damage, ("integrity and confidentiality")
The data provided will be stored for the entire term of the contractual relationship and/or until achievement of the purpose for which they were supplied and collected.
The data subject has the right to lodge a complaint with the relevant supervisory authority. The data subject has the following rights:
• Art. 15 - right of access - the data subject has the right to obtain confirmation from the controller as to whether or not his personal data are being processed and, if so, to obtain access to the personal data and information concerning processing.
• Art. 16 - right of rectification - the data subject has the right to get the controller to rectify inaccurate personal data without undue delay. Considering the purposes of processing, (point 3), the data subject has the right to obtain the completion of incomplete data, even by providing a supplementary statement.
• Art. 17 - right to erasure - right to be forgotten - the data subject has the right to obtain from the Controller the erasure of personal data without undue delay and the Controller has the obligation to erase the personal data of the data subject who requests it.
• Art. 18 - right to restriction of processing - the data subject has the right to obtain from the data controller the restriction of processing itself when one of the following cases applies:
a) the data subject challenges the accuracy of the personal data, for the period necessary for the controller to verify the accuracy of such personal data;
b) the processing is unlawful and the data subject objects to erasure of the personal data and requests instead that its use be limited;
c) although the controller no longer needs the data for the purposes of processing, the personal data are necessary for the data subject to ascertain, exercise or defend a right in court;
d) the data subject objects to processing in accordance with Art. 21, paragraph 1, pending verification as to whether the legitimate reasons of the controller prevail over those of the data subject.
• Art. 20 - right to data portability - the data subject has the right to receive in a structured, commonly used and machine-readable format the personal data provided to a controller and has the right to send such data to another controller without hindrance from the Controller to whom it was originally provided. As regards exercising his rights regarding data portability in accordance with paragraph 1, the data subject has the right to obtain direct transmission of personal data from one controller to another, if technically feasible.
• Art. 21 - right to object - the data subject has the right to object at any time, for reasons related to his or her particular situation, to the processing of his or her personal data pursuant to Art. 6, paragraph 1, letters e) or f), including profiling on the basis of these provisions.
• Art. 22 - right not to be subject to automated decision-making processing, including profiling - the data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or significantly affects his/her person in a similar way. * * *
Terms and conditions of use of the "YouDriver.com" portal
The subject of these conditions of service is use of the portal called "YouDriver.com" belonging to Driver Solutions S.r.l. unipersonale, Piazza Falcone e Borsellino, No. 2, 47814 Bellaria Igea Marina (RN), hereinafter, for the sake of brevity, also "the Portal" or "YouDriver" or the "Platform", as Internet service provider for the placement and publication of the various services offered by operators in the field of vehicles equipped with internal combustion engines, such as for example: mechanical workshops, tyre shops, body shops, auto electricians, car dealers, spare parts dealers, demolition businesses and any other business related to the automotive sector) and vehicles equipped without internal combustion engine (such as, for example: electric motors, bicycles). The owner of the YouDriver.com platform, therefore the owner of the rights and obligations arising from these general conditions of use is Driver Solutions s.r.l. YouDriver is a platform created with the aim of connecting business owners connected in some way to the sector of vehicles equipped with or without an internal combustion engine, with potential customers, designed precisely to facilitate the meeting of these parties and their respective needs. Customers entering the site will be able to view the ads and offers of Users, as long as they are registered as Customers on the Portal and are also members of the YouDriver circuit. Everything is to be done in compliance with these conditions, the law and morality. The Portal is offered under these conditions of service, none of which are exclusive, with express acceptance of all terms, attachments and limitations, to be considered known, shared, accepted and an integral part hereof. The terms and conditions of service can be viewed at any time in the relevant section of the portal www.youdriver.com and of the Application.
Visiting the Site implies knowledge of these general conditions of use, knowledge of the purposes of the Site and what it offers to Customers. By entering the Site, the Customer undertakes to comply with these general conditions of use which he expressly declares to accept. By logging in to the site, the Customer undertakes to use it for personal purposes in a lawful manner, and use the information and content contained therein only for permitted purposes.
The platform allows the Customer to register, enter the personal information required, such as: first name, last name, city of residence, email, telephone number, date of birth, gender, interests, personal photo, social profile cover photo and any other data that YouDriver may require and consider useful for use of the platform. The Customer declares that he/she is of legal age and guarantees that the information entered is true. The Customer declares that he/she uses the site for the sole purpose of consulting the database, services and publications contained in it, as published and placed by the Users of the site itself, i.e. those operating the businesses of mechanical workshop, car dealer, auto parts dealer, car demolition businesses or in any case relating to the sector of vehicles equipped with or without an internal combustion engine. The Customer will be allowed:
- to search a list of operators the businesses described above located throughout Italy or in other countries where YouDriver has a presence, in the free YouDriver database;
- to search the businesses of Users registered on the Site and therefore belonging to YouDriver circuit;
- to view details about the User’s business, such as for example: a gallery, name of the business, address, location on the map, description, opening and closing hours, services offered, any sub-services, additional services and brands handled;
- to leave a review on the business and services of the User actually received, in a special section and under the conditions set out below;
- to take advantage of the "YouDriver Card" discounts, if any, by actually going to the User and using the scanning mechanism of the "Fidelity Card" present on the mobile application;
- to contact the User to request quotes or appointment;
- to buy and sell used items through the appropriate market section;
- to create a social profile in which to publish personal posts consisting of picture and text, in compliance with the conditions below;
- to follow the public social profiles of other YouDriver Customers and Users registered on the platform;
- to show approval of social posts by leaving an emoticon (angry, sad, in love, etc.);
- to leave comments on social posts of other Users and Customers.
Customers may use all the features of the Site as given in the examples above and also those not specified, but possible, or those that will be put in place at a later date, provided they are lawful and in compliance with these general conditions of use, with Italian and European civil and criminal laws, and more generally in compliance with regulations in force on the subject.
The Customer assumes personal responsibility for any use that does not comply with or is contrary to the purposes of the Site, regulations in force, or use that is prejudicial to YouDriver or the Users and in any case is solely responsible for all damages in any way caused by his actions at the Site or connected to it. The Customer is also personally responsible for the comments and posts in the social section left in the dedicated sections, so he is the only one responsible in case of false, harmful, defamatory, racist or prejudicial comments or the source of a possible punitive or compensatory claim by the data subject. The Customer is solely liable to Users or third parties for any and all damages that may arise from incorrect use of the platform; the placement, publication and dissemination of information that is false or not entirely accurate, infringement on trademarks, patents or any other form subject to protection of industrial or intellectual property right; leaving comments or content that damage or otherwise prejudice the reputation of YouDriver, other Users or third parties; entering information contrary to the purposes of this agreement or contrary to the terms of service and use.
The Customer undertakes from now on to indemnify and hold harmless YouDriver.com (and for it Driver Solutions s.r.l.) by any claim or request from third parties, due to any violation of these terms of service or use of the platform. The Customer therefore undertakes to indemnify and hold harmless YouDriver (and for it Driver Solutions s.r.l.) by any claim for damages that may be received for the causes described above or other causes not expressly provided for, in any way related or connected with use of the Portal. The Customer also agrees to pay any damages suffered by YouDriver (and for it Driver Solutions s.r.l.) for the violations mentioned above, including legal fees necessarily incurred.
No contracts will be concluded on the YouDriver.com Portal between the Workshop and the final Customer. Any relationship between them will be managed independently in every aspect. YouDriver as well as Driver Solutions s.r.l. is excluded from any negotiation, contract or relationship of any kind whatsoever between User and Customer and cannot in any case be considered a party or mediator or intermediary.
These general conditions of use are subject to Italian law and the rules of its legal system.
Any dispute arising out of or in connection with this agreement shall be settled by the Court of Rimini.
YouDriver undertakes to comply with regulations currently in force regarding the protection of personal data and privacy, as per Legislative Decree 196 of 2003, as amended, as well as with the provisions expressly indicated in Annex C) entitled "Protection of personal data". It also undertakes to take the appropriate measures to ensure fair and transparent processing of the data collected, limiting their use to what is strictly necessary for execution hereof. YouDriver will be responsible for the data collected on its platform as soon as it is actually entered on it. The Customer consents to YouDriver to use the data entered for the purposes set out herein, in particular to enter them into its own database, to share them, to advertise them and for any other use necessary to achieve the purpose hereof.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User expressly approves the following articles of this contract:
- PRIVACY AND DATA PROTECTION