User Generated Content

 

GENERAL TERMS OF USE

1. The natural person and/or the legal entity that has directly or indirectly (also by sending specific hashtags) authorised the communication and/or publication or diffusion of a contribution of their own, in any form or nature and on any medium (including, by way of example but not limited to images, photographs, videos, sounds, music, texts, writings and works of any nature whatsoever) by Valdo Spumanti Srl (the "Grantor"), hereby assigns to the same in a perpetual, irrevocable, non-exclusive manner, free of charge and exempt from any royalties, any and all rights of economic exploitation, including copyright and related rights relating to such contributions (hereinafter "Authorised Contributions"), with the right to sub-licence. To this end, the Licensor expressly recognises the unquestionable right of Valdo Spumanti Srl to use the Authorised Contributions, to decide when to use them or to remove them, being Valdo Spumanti Srl and its assignees the only subjects legitimated and competent to this end, without time limits. These rights are granted for the whole world and for any use and economic exploitation. All Authorised Contributions shall be considered of a non-confidential nature. To this effect, Valdo Spumanti Srl shall be entitled to use, copy, distribute, reproduce, assign, exploit, modify, process, transform, store in a database, make cuts, modifications and/or additions, insert or replace comments and/or disclose to third parties such contributions for any purpose and according to the advertising and/or commercial methods and choices that Valdo Spumanti and/or its assignees deem most appropriate (such as, by way of example and not limited to, by reproducing and publishing the contributions through the social channels Facebook, Instagram, brochures, magazines, albums, collections, products, etc.). , also as part of commercial initiatives). To this end, the Licensor also authorises Valdo Spumanti and its assignees to directly or indirectly combine/associate the Authorised Contributions with commercial and promotional initiatives, the image and distinctive signs of Valdo Spumanti and/or its assignees (without prejudice to the moral rights of the Licensor).
2. The Licensor warrants that it has the rights and legal capacity to adhere to these General Conditions of Use in its jurisdiction and that the contribution is an original and exclusive work and that it

• has not been derived from any work of any third party without their consent;
• does not or may not infringe or violate in any way the copyrights, trademarks or other intellectual or industrial property rights of any third party;
• does not or may not infringe or violate in any way the rights, patrimonial or personal, of third parties, having, inter alia, received from any third parties (or their legal guardians) involved in the contribution in any way any necessary authorisation and/or specific consent to the foregoing;
• does not violate any provision of law, including but not limited to the provisions of Law No. 633/1941 and subsequent amendments and supplements, Legislative Decree 30/2005 - Industrial Property Code and subsequent amendments and supplements, Legislative Decree 196/2003 - Privacy Code and EU Regulation 679/2016;
• is not obscene, racist, discriminatory or in any other way contrary to public order or public morals in force;

undertaking to indemnify Valdo Spumanti and its assignees for any case in which one or more of the aforementioned declarations and guarantees should prove to be false or inaccurate in practice. Valdo Spumanti and its assignees shall also have the right to disclose the identity of the Licensor to any third party claiming that the Authorised Contributions constitute a violation of their intellectual property rights and/or confidentiality.

3. Valdo Spumanti and/or its assignees, shall not be held liable in relation to the infringement of the rights of the Licensor and/or of third parties directly or indirectly deriving from the use, in any form and way, of the Authorised Contributions, in any case, under contractual, extra-contractual liability (including, by way of example, for negligence or breach of law) with respect to i) pecuniary damages (including, without limitation, any consequential damages, loss of revenue, current or anticipated profits, contracts, business, opportunities or anticipated savings); ii) loss of reputation; iii) consequential or indirect damages suffered by the Grantor or any third party.
4. The Grantor agrees to be liable to Valdo Spumanti and/or its assignees, to indemnify and hold them harmless from all costs, direct and indirect damages, expenses, losses, including any legal and court costs and in relation to any claim and/or demand and/or action that may be made in any forum by third parties, including public authorities, administrative and state bodies, due to any dispute arising from or in any way related to the use of the contribution by Valdo Spumanti and/or its assignees and to the representations and warranties provided by the Grantor in these General Conditions of Use.
5. These conditions are intended only for a public of legal age.

 

INFORMATION ON THE PROCESSING OF PERSONAL DATA

Spumanti Valdo S.r.l. (hereinafter, "Valdo") as the owner of the processing of personal data (hereinafter, "Owner"), issues this notice to the interested party in compliance with European and Italian regulations on the protection of personal data, regarding the sharing on its channels of content from the user's social networks (hereinafter, also "User Generated Content").

 

How we collect your personal data

User Content may contain personal data about you or third parties (such as images or portraits identifying natural persons). To this end, and without prejudice to the provisions of this Policy, we also specify the following.

Valdo processes personal data (including user name and URL, in addition to what is specified below) contained in its own contribution, of any form or nature (including, by way of example, images, photographs, videos, sounds, music, texts, writings and works of any nature) possibly present in Instagram Posts and Stories of users who have used a #valdook referring to the Owner, mentioned or tagged the Owner's page.

 

Purpose and legal basis of processing

The Data Controller processes personal data for different purposes:

1. Consultation of social networks, where the above-mentioned contents can be found, according to the rules regulated and consistent with the social networks themselves. No storage is foreseen.

A prerequisite for the processing is the legitimate interest of the Owner in the protection of its rights under Art. 6, par. 1 lett. f) of the GDPR.

2. Storage and sharing: for promotional, commercial and advertising purposes of Valdo and its products. The processing is carried out by means of publication on the Owner's website, as well as through the Owner's accounts on social channels such as Facebook and/or Instagram, as well as by placing the Contributions on promotional and advertising material relating to Valdo and its products.

A prerequisite for the processing is the consent given by the interested party, pursuant to art. 6, par. 1 lett. a) of the GDPR, which may be revoked at any time.

3. Possible litigation: Valdo may process the data collected in order to defend its rights, act or make claims against you or third parties.

A prerequisite for the processing is the legitimate interest of the Controller in the protection of its rights pursuant to Article 6(1)(f) of the GDPR.

 

Period of data retention

The Controller intends to process the data according to the following time criteria:

For the purpose referred to in point 1), the data will not be stored;

for the purpose referred to in point 2), the data will be processed for the time strictly necessary to pursue the above-mentioned purpose: the Data Subject may withdraw consent at any time;

processing for the purposes referred to in point 3) is linked to the storage times already indicated for point 2).

 

Nature of data conferment and consequences in case of refusal

For the purposes of point 1), the consultation of the data takes place in compliance with the policies established by the social networks only for subjects who have shown an interest in the Controller, according to the criteria established above.

For the purposes of point 2), the provision of personal data is optional and in the absence of User consent, User Content containing personal data will not be stored or published by Valdo in any way.

For the purposes at point 3), the Owner will use any data already collected previously, without further need for collection, only when necessary and evaluated the context of data collection.

Categories of recipients

The Data Controller will disseminate the data in the manner described above.

During the period of data collection and processing, in particular data (including, by way of example and not limited to: images, photographs, videos, sounds, music, texts, writings and works of any nature), it is intended to allow processing only to internal figures authorised to process the data by reason of their respective duties, as well as companies or professionals involved in collecting the image data, processing and publishing them and IT service companies on the systems used to process the data. Personal data may be processed, after publication in publicly accessible areas, by any user browsing the company website as well as registered users on the platforms on which the company has registered an official account.

These recipients, should they process data on behalf of the Controller, will be appointed as data controllers by means of a specific contract or other legal act.

 

Data transfer to a third country and/or an international organisation

In order to carry out some of the processing activities of your Personal Data, the Data Controller communicates the same to external parties located in countries that do not belong to the European Union (EU) or the European Economic Area (EEA) (hereinafter "Third Countries").

In particular, the Data Controller informs you that Personal Data may be transferred to, Third Countries; the lawfulness of such transfer is, in any case, guaranteed through the means provided for by Article 46 of the GDPR, having signed the Standard Contractual Clauses approved by the European Commission (supplemented by additional technical/organisational/legal measures).

These external parties will process your Personal Data either as autonomous data controllers or as data processors, duly appointed by the Data Controller in accordance with data protection legislation (depending on their role in relation to the processing).

You may write to the Data Controller at any time, using the contact details below, asking which parties your Personal Data is disclosed to, as well as to receive a copy of the safeguards adopted for the transfer.

The dissemination of data on social profiles and on the website, moreover, entails the possibility that they may be transferred worldwide: the managers of these social networks, in any case, guarantee that the transfers made by them take place on the basis of adequacy decisions of the European Commission or standard contractual clauses approved by it.

 

Rights of data subjects

The data subject has the right to ask the Data Controller to access his/her personal data and to rectify them if inaccurate, to erase or restrict their processing if the conditions are met, to object to their processing for legitimate interests pursued by the Data Controller, as well as to obtain the portability of the data personally provided only if they are subject to automated processing based on consent or contract. The data subject also has the right to revoke the consent given for the processing purposes that require it, without prejudice to the lawfulness of the processing carried out until the moment of revocation.

To exercise their rights, the interested party may use the form available at https://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/1089924 and send it to the following address: info@valdo.com. The data subject also has the right to lodge a complaint with the competent supervisory authority, the Garante for personal data protection (www.garanteprivacy.it).