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CONSENT TO PERSONAL DATA PROCESSING

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.

EU Reg. 679/16

* * * 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.

1. Controller

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 driversolutions@legalmail.it. 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: driversolutions@legalmail.it.

2. Data collected - type

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.

3. Purpose of processing.

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.

4. Legal basis for processing.

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.

5. Recipients of processing - scope of disclosure and dissemination of data

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).

6. Processing methods - principles applicable to personal data processing

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")

7. Storage period of data

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.

8. Other rights and guarantees in compliance with the Regulation

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. * * *

CONDITIONS OF SERVICE AND USE OF THE "YOUDRIVER.COM" PORTAL BY CUSTOMERS

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 related to businesses 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 pertaining to the automotive sector) and vehicles not having an 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 putting the above-described businesses (from now on also "User" or "Affiliate") in contact with potential Customers, designed especially to facilitate the meeting of these parties. To this end, after subscribing to the Portal in accordance with the YouDriver website, Users will be added to the YouDriver circuit and will have the right to offer their services, advertise and personalise them in compliance with these conditions, the law and morality, on the website, on the dedicated App and on any other multimedia channel belonging to YouDriver in future. 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.

1. Membership

In order to join the Platform, it is necessary to register and expressly accept the conditions of service and use, according to the methods provided for and indicated by YouDriver in the relevant section of the site or the dedicated Application. The User must specify the personal data of his/her business together with the VAT number and due registration with the concerned Chamber of Commerce: NAME, ADDRESS OF REGISTERED OFFICE, ADDRESS OF OPERATING HEADQUARTERS, VAT NUMBER, CERTIFIED EMAIL ADDRESS and any other data that may be requested by YouDriver and deemed useful for exact identification of the User. Registration at the site as Users is therefore reserved to those who meet the above-mentioned characteristics at the time of registration and exclusively to those who operate in the sector of vehicles with or without an internal combustion engine. By subscribing, the User undertakes to use the Portal fairly and in good faith according to permitted uses, guarantees that the information entered is truthful, and will promptly correct any information found to be incorrect or untrue. YouDriver retains the unquestionable right to accept or exclude registration of any User who does not meet the necessary requirements, as well as the right to cancel any User who has provided or made use of untrue information.

2. Scope and costs

The scope of this contract are the Internet services provided by YouDriver, belonging to Driver Solutions s.r.l. with registered office at Piazza Falcone e Borsellino, 2, Bellaria Igea Marina, as reported below:

SERVICES FOR USERS

The Platform allows Users, as defined in the general conditions of use, i.e. duly registered operators, operating in the sector of vehicles equipped with a internal combustion engine (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 with a motor that does not work with internal combustion (such as, for example: electric motors, bicycles), to:
- activate a "Basic" plan or an "Advanced" subscription and, depending on what is chosen, to:
- complete their personal profile by entering the following data: name of business, location of city on the map, contact details, photos, or other data required by YouDriver;
- enter a description of their business: services, sub-services, brands handled, etc.;
- enter references to their business in the YouDriver database;
- enter the number of photos allowed by the type of subscription chosen;
- receive reviews from Customers;
- offer discounts and join promotions;
- and interact with their Customers on the social page.

Type of Plan or Subscription

BASIC

The platform allows Users with a "Basic" plan to:
- assign a percentage discount to each category: labour, spare parts, vehicles) and take advantage of the "fidelitycard" demarcating system;
- receive requests for estimates and appointments via the Site and reply to them;
- receive reviews

ADVANCED

The platform allows Users with an "Advanced" subscription to:
- use all the features provided by the "Basic" plan;
- sell articles on Market;
- create personal albums with a list of photos and captions;
- create personal promotions (e.g. advertising banners);
- create their own social profile and use all the features of the social page;
- create social events with title, description, place, date and start and end time.
Therefore, by joining the Portal, the User agrees to use the services offered by YouDriver under the conditions established by it.
By registering, the User expressly accepts that management of the portal and information relating to it is the exclusive responsibility of YouDriver.
YouDriver retains the right to unilaterally modify the conditions and terms of use of the Site at any time.

2.1.

YouDriver manages the Site through which the User may add and advertise its services and/or offers, exclusively related to the world of vehicles with or without an internal combustion engine, so that potential Customers may become aware of the same, the place where the business is carried on, and decide to use it.
The methods and costs are shown below:

COSTS AND SERVICES

COSTS

1) BASIC PLAN

Activation of the "BASIC" plan is free of charge.
The platform allows Users with a "Basic" plan to:
- assign a percentage discount to each category: labour, spare parts, vehicles) and take advantage of the "fidelity card" demarcating system;
- receive requests for estimates and appointments via the Site and reply to them;
- receive reviews

2) ADVANCED SUBSCRIPTION

The cost of activation of the "ADVANCED" subscription is € 100 per year.
The platform allows Users with an advanced subscription to:
- use all the features provided by the "Basic" plan;
- sell articles on Market;
- create personal albums with a list of photos and captions;
- create personal promotions (e.g. advertising banners);
- create their own social profile and use all the features of the social page;
- create social events with title, description, place, date and time it starts and ends.

ACTIVATION OF SERVICES

All the services provided in the subscriptions offered by YouDriver will be activated and made operational upon payment in full by the User and will be provided for a period of one year from the date of collection by YouDriver.
Payment of the subscription chosen by the User must be made year by year, at the latest within 30 days of the expiry of the previous instalment; failing this, YouDriver may terminate this agreement pursuant to Art. 1456 of the Italian Civil Code as indicated in point 13.1 of the general conditions of use.
In any case, the information and services provided by the User will be entered in the database of the YouDriver portal and be accessible and visible following a search by the Customer.

2.2.

YouDriver.com therefore acts as a search engine through which the Customer can land (according to the search form) on the page with the User's contents and is given the opportunity to get in touch with him.

3. Additional services

If foreseen and available, the User may request a series of "additional services", for a fee or free of charge, depending on the particular conditions for their activation; such conditions must be duly signed.

4. Changes, Rights and Powers of YouDriver.com

YouDriver retains the right to unilaterally modify the conditions and terms of use of the Site at any time. Any change must be communicated to the User in advance by e-mail or by notice in a special section of the Portal dedicated to this, at least 30 days before actual implementation.
If 15 days pass from the aforesaid notice, and the User fails to exercise his or her right of withdrawal or cancel, the modification will be considered tacitly accepted due to conclusive facts.
The User accepts and gives his consent to YouDriver to rely on third parties, freely chosen by it, for execution of this assignment, provided that all these conditions and terms of use are also respected by the third party.
YouDriver may, at its discretion, publish ads of any kind and other advertising/promotional material on all pages of the Site, including the pages containing the Services offered by Users.

5. Exclusions

No contracts will be concluded on the YouDriver Portal between the Workshop and the final Customer. Any relationship between them will be managed independently in every aspect.
YouDriver is left out of any negotiation, contract or relationship of any kind whatsoever between the User and Customer and cannot in any case be considered a party or a mediator or an intermediary.

6. User Content

By registering, the User grants YouDriver far-reaching rights to the information supplied to it hereunder, such as, merely by way of example: the right to archive data, to save them, to enter them in its own database, to copy them, to print them, to publish them on other portals, to make them accessible to third parties, to supplement them, to modify them, in the manner deemed appropriate and always in compliance with the purpose hereof.
The User's contents entered on the Portal may be copied, extracted, downloaded and, in any case, be taken free of charge by Customers or persons who have access to the Internet.
The User's contents will in any case be used, managed and processed in compliance with Italian law, in particular Legislative Decree 196/2003, as amended, the relevant European regulation, as well as in compliance with the Personal Data Protection Policy signed by the User at the time of registration.
Users undertake to comply with the rules of intellectual and industrial property law, and guarantee the genuineness of, for example, registered or de facto trademarks, patents, company names, etc.
YouDriver is not responsible for any such verification or protection.

6.1.

The User shall on his own manage, edit, enter or remove content concerning him/her, and perform the necessary operations directly through the Personal Area.

7. Conclusion of this contract

This contract shall be deemed validly concluded once the User has completed the click and point phase, i.e. when the User has clicked with his/her cursor on all the acceptance flags. If this agreement is stipulated by a legal person, the person concluding this contract in the above-mentioned manner is the one who by law or by statute has the powers of representation of the legal person itself. Upon conclusion of this agreement, YouDriver will provide the User via email with a username and password, necessary for identification of the User, which can be modified by the User from the first access.
YouDriver does not assume any obligation, duty or burden to verify the powers beforehand. So, in cases of violation or signing by anyone lacking the relevant powers, the Portal will proceed with deletion of the User’s data immediately.
As mentioned above, the User is obliged to provide truthful data and information. Otherwise, YouDriver will delete the User from the Site. In addition, the User must communicate without delay any modification or change in his/her company or personal data, as well as ensure that the information provided to the Portal is up-to-date.

8. Rights of the User

By accepting these terms of use, the User obtains the right to use the YouDriver.com Site to advertise his business, publish information, photos, ads, offers, etc., all in compliance with and within the limits of this agreement and in accordance with the purpose of the service offered. Uses other than those expressly indicated and foreseen will not be allowed. Otherwise, YouDriver reserves the right to delete the User's data.

9. Prohibitions

The User is absolutely forbidden to use the Site for purposes other than those stated in these conditions of use, or for purposes against the law, regulations on Privacy and personal data processing.
It is forbidden for the User to advertise services or activities not related to vehicles with or without an internal combustion engine or unrelated to the sectors identified in these general conditions.
It is also forbidden for the User: to access the Portal through methods other than those expressly indicated in this agreement, for example by using third-party applications, or in any case methods different from YouDriver.com; to conceal his or her status as a User; to register as a Customer by using the position of private individual to carry out business promotion, sales, or any other activity reserved to the User.
The User must also take care not to disclose his/her identification data, such as username and password, to unauthorised persons, so as to ensure at all times possession of the necessary powers to use the Portal , and that the information provided to YouDriver.com is correct.

10. Violations

In case of violation, whether intentional or unintentional, of the obligations provided for in these terms of service and use, even if not expressly indicated, but which for characteristics and methods violate the essence of this contract, YouDriver.com has the right to immediately cancel the User from the Portal, without prejudice to its right to take action to obtain compensation for any damage caused.

10.1.

The User 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 above platform.

10.2.

If permitted, the User must personally correct, remove, edit or manage the information and content relating to him/her, if untrue, offensive, against the law and/or violates this agreement. Otherwise, YouDriver.com will take care of it.

11. Term

This agreement is for an indefinite term and the Contents provided by the User will remain in the database of the Site for the entire duration of the same.

12. Responsibility and indemnity

The User is solely liable to 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; placing ads or entering content that damage or otherwise prejudice the reputation of YouDriver or Driver Solutions S.r.l., other Users or final customers; entering information contrary to the purposes of this agreement or contrary to the terms of service and use accepted by the same User.
The User 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 the service subject of this agreement. The User 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.

13. Withdrawal - Termination and express termination clause pursuant to Art. 1456 Italian Civil Code.

Except as provided for in point 11 hereof or as agreed in annexes for the stipulation of additional services, this Contract is intended for an indefinite term. The parties are entitled to withdraw from this agreement upon providing notice to be sent to the other party by registered letter with return receipt or by certified email, expressly referring to this clause. Withdrawal will be completed within 45 days after the date of receipt.

13.1.

Except in the case of termination hereof provided for in general in Articles 1453 et seq. of the Italian Civil Code, YouDriver may terminate this contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code: in the event of violation of points 9 and 10, 10.1, 10.2 hereof;
- in the event of non-payment for more than 30 days after issue of the relevant invoice as indicated in attachment B) - point 2.1 hereof;
- in the event of non-payment of additional services for more than 30 days after issue of the relevant invoice - point 3;
- the User becomes insolvent and is reported at the appropriate risk centres;
- in the event the User is subject to bankruptcy or criminal proceedings.

13.2.

From the effective date of withdrawal or termination as described above or as provided by law, YouDriver may: - interrupt the services offered to the User; - obscure the User’s personal page; - block access to the dedicated User area; - deactivate the username and password provided to the User when signing this agreement; - perform any action useful or necessary for the definitive exclusion of the User from the portal YouDriver.com.

14. Restrictions on access or leaving and posting content - obscuration and other measures

YouDriver reserves the right to verify whether ads comply with the subject matter of these terms of use. The portal may therefore and at its own discretion, block access to the User, obscure the ads and publications made, limit their visibility or in any case carry out any operation that may be necessary to prevent the publication of illegal, unfair or more generally prejudicial information on the Site, by way of example only when:
- there is a well-founded suspicion that the User’s ads or publications are untrue, illegal, contrary to the purposes of this contract or in any case against the law or the national or European Union legal system;
- the User uses the database unlawfully or in a manner or for purposes contrary to this contractual agreement; - there is well-founded suspicion that a third party is using the username and password of the User;
- the User fails to pay the agreed amounts according to the payment methods set out in these conditions;
- the ads placed, as well as the distinctive signs, trademarks or other signs published by the User, are subject to challenge by third parties who claim the right or challenge their use, or that there is still the fear of legal action against YouDriver.

15. Requirements of ads

Users' ads must be serious, truthful and up-to-date; they must mention services actually offered by the workshop.
Ads must be for services related to or in any case connected to vehicles with or without an internal combustion engine (such as, by way of 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, or even electric motors, bicycles, clothing, gadgets, etc.); they may not contain ads or services provided by third parties; also, telephone numbers which may, directly or indirectly, result in extremely high charges for the Customer cannot be provided, such as, for example: numbers with the prefix 199 or the like.
The User may only publish ads relating to a business of he is the actual owner, indicate only the services he actually provides, and use names and trademarks of which he is the exclusive owner.

16. Exemption from liability and indemnity

The User will be considered the only one responsible for the contents entered and published, for their truthfulness and for their lawfulness, as well as for the names and trademarks inserted in the ad. The User, therefore, exonerates YouDriver (and for it Driver Solutions s.r.l.) from any liability, direct or indirect, subjective or objective, with regard to the ads, the names used and more in general with regard to the contents entered by him in any way. This also applies in case of subsequent removal, obscuration or editing of the content.

16.1.

Even with the signing of these conditions, YouDriver.com is not acting as intermediary or mediator. Therefore, it does not guarantee in any way the quality of the services published, their truthfulness, or similarity to the description supplied, neither does it guarantee in any way the fulfilment of any obligations assumed by the User towards the final Customer. For these reasons also, the User agrees to indemnify and hold harmless YouDriver (and for it Driver Solutions s.r.l.) by any out-of-court claim, legal or other action that may be requested by customers or third parties in relation to the above, and shall also be obliged to pay any damages suffered by YouDriver (Driver Solutions s.r.l.), including legal fees.

17. Applicable law

These general conditions of use are subject to Italian law and the rules of its legal system.

18. Jurisdiction

Any dispute arising out of or in connection with this agreement shall be settled by the Court of Rimini.

19. Privacy and data protection

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" and what is established by the European Regulation on personal data protection. 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 User gives his/her consent for YouDriver to use the data entered for the purposes set out herein, in particular to enter them into its own database, to share them with potential Customers, to advertise them, to make the geographical location of the User known and for any other use necessary to achieve the purpose of this agreement.

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