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GENERAL CONDITIONS OF USE OF THE WEBSITE WWW.INCOLD.IT

This Website is owned by Incold S.p.A., with registered office at Via Grandi, 1 45100 ROVIGO Italy, company capital € 13.020.000,00, Tax Code, VAT number and Padua Chamber of Commerce registration number IT 01166700292 (“Incold”).

These General Conditions of Use ("General Conditions") govern the navigation and use of the various functions enabled in the public and restricted areas (“Public Area” and "Restricted Area" respectively) of the Website www.Incold.it (the "Website") by subjects accessing the Website ("Users").

1. Acceptance of the General Conditions of Use

1.1 By accessing, visiting and using the Website, Users acknowledge that they have read, understood and expressly accepted all these General Conditions of Use. Acceptance of these General Conditions is a necessary precondition for navigating the Website and using the Services defined below.

1.2 The Restricted Area is divided into areas with different levels of confidentiality. Access, in whole or in part, to such areas is granted only to Users whose registration has been accepted by Incold. The Restricted Area allows Users to benefit from commercial, technical, and updating services (the "Services") and to access information, data, links, software, music, sounds, photographs, images, videos, messages and all other materials made available by Incold (the "Content").

2. Registration

2.1 Users must register for the Website in order to be granted access to the Reserved Area. Registration is free of charge.

2.2 On registration, Users must choose a user name and a password ("ID" and "Password" respectively) and must provide a valid, current and verifiable e-mail address. The co-existence of identical IDs and/or e-mail addresses is not permitted. If Users enter an ID and/or address that is already used, they shall be invited to choose an alternative. Users must also indicate a contact person within Incold who can confirm their identity and their relationship with the Company.

2.3 Incold will send Users an e-mail confirming their registration details. Incold reserves the right to refuse a User's registration for all or some of the Services and/or Contents, at its own discretion. Registered Users are required to keep all the data they enter up to date, accurate and current.

2.4 Incold reserves the right to change the ID of a User, delete content sent to the Website, and refuse or cancel a User's registration, should that User choose an ID which, at Incold’s sole discretion, is judged to be obscene, indecent, vulgar or otherwise improper.

2.5 Registration for the Website and User accounts created by registration remain valid for twelve (12) months. Users will be notified by e-mail 2 (two) weeks in advance of the expiry of their registration. Users are responsible for renewing their registration by submitting a request to their contact person within Incold.

2.6 Registrations and User accounts will be deleted if Users fail to log in for a period of 6 (six) consecutive months. Under such circumstances, Users shall be informed by e-mail of the approaching deletion, with prior notice of two (2) weeks.

2.7 Users assume full responsibility for limiting access to their own computer/s by third parties, and for protecting their login credentials against unauthorised use. Users likewise assume full responsibility for all activities conducted through their accounts, IDs and/or passwords, whether attributable to their own actions, inaction or negligence. If Users become aware of suspicious or unauthorised use of their accounts, IDs and/or passwords, they must inform Incold promptly by e-mail.

2.8 Finally, Users must ensure that their own employees and collaborators, both internal and independent, comply fully with these General Conditions. Users remain responsible for the actions of their employees and collaborators.

3. Use of Services and Content

3.1 The Services and Content of both the Public Area and Restricted Area may be accessed free of charge. Users undertake not to use the Services and Content in any way other than as expressly permitted by these General Conditions.

3.2 Users expressly undertake not to reproduce, modify, duplicate, copy, distribute, sell or otherwise transfer Content and/or Services to third parties nor to exploit them for purposes other than those described in these General Conditions without prior written permission from Incold. In particular, Users acknowledge the confidential nature of the Content and the Services provided in the Restricted Area and therefore expressly agree to respect that confidentiality and not to disclose Content or Services to third parties in any way. Registered Users must also transfer this obligation of confidentiality to their collaborators and employees.

3.3 Users undertake to use the Website, its Services and Content, and all other data and/or information contained therein, exclusively for lawful purposes, in accordance with these General Conditions and with the provisions of applicable law. Users therefore guarantee Incold complete indemnity and accept full responsibility for any and all unlawful misuse and/or violation of applicable laws.

3.4 Violations of system or network security may give rise to criminal or civil actions.

3.5 Finally, it is understood that, unless otherwise specified, information contained in the Website does not constitute a contract or a public offering of products and/or services according to article 1336 of the Italian Civil Code, nor can it be considered binding for the purposes of negotiations or business relationships.

4. Intellectual Property

4.1 The "Incold" name and logo is a registered trademark of Incold S.p.A. (the "Trademark"). The graphical representations, drawings, technical drawings, designs and Content of this Website and its collection and organisation in general are protected by copyright and the exclusive property of Incold S.p.A..

4.2 Access to the Website does not grant Users the right to use the Trademark, name, logo or brand associated with the Services and/or Content of the Website. The display, downloading and printing of the Trademark and Content is permitted solely for purposes related to use of the Website. It is forbidden to copy, reproduce, distribute, publish, download, display, send by electronic or mechanical means, transmit, record, duplicate, photocopy or reproduce the Trademark or Content in any form without the prior written consent of Incold.

5. Warranties and Responsibilities

5.1 To the extent permitted by applicable law, Users accept that they use the Website at their own risk. The Website is provided "as is" and "as available". Incold offers no specific warranty as to the results that can be expected, desired or obtained through use of the Website, its Services and/or its Content.

5.2 Pursuant to article 1229 of the Italian Civil Code, Users agree and promise to indemnify and hold harmless Incold, its representatives, employees, contractors, associates and partners from all liability, including legal fees, incurred in connection with use of the Website.

5.3 Incold declines all liability for claims made by Users concerning the impossibility to use the Website and/or its Services or to access the Contents or Restricted Area for any reason whatsoever.

5.4 Incold reserves the right to disconnect, remove and/or replace Services and Content (or any part thereof), temporarily or permanently, and at any time. Users accept that Incold cannot be held responsible in any way to them or to any third party for any suspension and/or interruption.

5.5 Information (in text or graphic form) provided directly by Incold's suppliers and related to goods and/or services offered on the Website does not imply any liability on the part of Incold. The parties providing such information assume full and exclusive responsibility for the instructions, specifications and descriptions contained therein. Incold cannot therefore be held responsible for graphic inaccuracies and/or errors. Incold offers no warranty, implicit and/or explicit, regarding details, content or software, or the merchantability and fitness for purpose of information, goods or services described or offered by suppliers through the Website. Incold nevertheless declares that, upon request and within the limits of the law, it shall provide the names, addresses and other details necessary to identify the supplier and/or manufacturer of goods and services offered.

5.6 Incold has compiled the information provided on the Website from internal and external sources and to the best of its knowledge and belief, using professional diligence. No representation is made nor warranty given, either expressly or tacitly, as to the completeness or correctness of the information contained in the Website.

5.7 Incold, the companies in the Incold Group and its affiliates, partners, licensors and suppliers assume no responsibility for any interruptions or omissions affecting the Internet, the network or hosting services provided, and offer no warranty that the Website, the Services and/or the Content contained therein nor electronic communications transmitted by Incold are free from viruses or other harmful elements.

6. Links

6.1 The Website contains links to other websites or other Internet resources ("Links"). The User acknowledges and accepts that Incold cannot be held liable in any way for the proper functioning of such external resources.

6.2 Incold is not obliged to monitor the content of external resources or sites accessed via links and therefore assumes no responsibility for the content and/or material, advertising included, contained in such external sites or resources or for the products or services offered therein.

7. International Users

7.1 Incold offers no warranty that the information contained in the Website (and in particular the Services and Content) are correct and legal outside Italy.

7.2 Users therefore undertake to comply with all laws governing the use of exported data applicable in the country where they reside.

7.3 Users in any country other than Italy expressly assume responsibility for ensuring that their navigation on the Website and their acquisition of information from it comply with the legislation of the country where they reside.

8. Personal Data

8.1 In conformity to articles 13 and 14 of EU Regulation 2016/679 (General Data Protection Regulation) and Italian data protection legislation (Legislative Decree 196/03), Incold informs Users that it processes the personal data necessary to identify individuals (e.g. name, surname, tax code, VAT no., e-mail, telephone no., etc. – hereafter “Personal Data”).

Incold assures Users that their Personal Data will be processed according to the principles of correctness, legality, transparency, confidentiality and respect for Users' rights.

The Controller is Incold S.p.A., with registered office at Via Grandi, 1 45100 ROVIGO Italy.

By accepting these General Conditions, Users consent to the processing of their Personal Data.

8.2 Purposes of processing

Personal Data submitted by Users may be processed for purposes related to navigation of the Website and use of the Services and Content provided, in accordance with article 6.1 letter b) of GDPR, and in particular to:

1. permit Users to register on the Website;

2. manage and maintain the Website;

3. permit Users to benefit from the Services offered and to access Content;

4. fulfil pre-contractual, contractual and fiscal obligations deriving from existing relations with Users;

5. fulfil obligations established by law, regulations, European community standards or orders from the Authority;

6. prevent or identify fraudulent activities or abuses likely to damage the Website;

7. exercise Controller’s rights (e.g. legal defence rights).

Only with Users' previous and specific consent, Incold may also process their Personal Data to distribute commercial newsletters and promotional material concerning products, to carry out market research or other sample-based research, to monitor levels of customer satisfaction and to distribute material concerning Incold events and initiatives.

8.3 Methods and Nature of Processing

Personal Data may be processed by computerised, telematic and paper-based systems, using organisational and processing logic strictly suitable for the purposes concerned and able to guarantee the security, integrity and confidentiality of data in compliance with the organisational, physical and logic measures specified by applicable legislation.

Personal Data may be processed by persons working as data processors inside or outside Incold.

If necessary for the purposes for which it was collected, personal data may be communicated to third parties within the European Union and in other countries. Personal Data will not be disclosed in any way other than to these third parties.

Bearing in mind the purposes of processing described above, Users understand that their refusal to submit some or all of their Personal Data, or the submission of incorrect Personal Data may make it impossible for them to navigate the Website, use its Services or access its Content.

Users' Personal Data will be kept for the duration of their relationship with Incold and for the time necessary to fulfil the purposes described above but for no longer than 10 years after the conclusion of the relationship.

8.4 Users' rights regarding Personal Data

Users may, at any time, exercise the rights granted them by article 15 of GDPR, as listed below:

1. to receive confirmation as to whether their Personal Data are being processed or not, and if so, to access that data;

2. to be informed of the purposes for which their Personal Data are processed, the categories of data concerned, the recipients or categories of recipient to whom their Personal Data have been or will be disclosed and, if possible, the period for which data will be stored;

3. to demand the rectification or erasure of their Personal Data or to restrict the processing of their data;

4. to object to processing of their Personal Data;

5. to obtain data portability of their Personal Data;

6. to withdraw consent, where required (the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.);

7. to lodge a complaint with a supervisory authority (in Italy, Garante Privacy).

Users may exercise their rights by writing to Incold at the following email address policy@incold.it.

9. Cookies

9.1 Navigation Data

The information systems and software procedures put in place to ensure the functioning of the Website acquire certain items of personal data as a result of their normal operation, such data being transmitted implicitly through the use of Internet communication protocol.

While such data is not collected for the purpose of identifying Users, for its very nature it could, if associated with data held by third parties, permit the identification of Users or visitors to the Website. (Such data includes IP addresses, names of the computer domains used by persons connected to the Website, codes identifying server response states, browser identities, etc..)

This data is used exclusively to compile statistical (and therefore anonymous) information and to monitor the correct functioning of the Website. Internet connection data is not kept for more than six months other than in the event of legally pursuable attacks on the Website.

Data derived from internet services is not divulged or diffused.

9.2 General Information on Cookies

Cookies are text files that websites send to the terminals (typically to the browsers) of visiting Users. Cookies are saved on Users' computers and returned to the website of origin the next time a user visits that same website using the same terminal. Websites may also permit the transmission of so-called “third party” cookies. These are cookies generated by websites other than the website the User is visiting (via elements in that website such as banners, images, maps, sounds and links to the pages of other domains).

Depending on persistency, cookies are classed as session cookies (temporary cookies that are deleted automatically at the end of the navigation session or when the browser is closed) and persistent cookies (which remain on the terminal until they expire or are deleted by the user).

Cookies serve various purposes. Basically, they are used to ensure effective data transmission and communications and to deliver services requested by Users. In particular they activate and optimise Website functions, permit authentication of data and prevent abuses, monitor sessions and improve Users' navigation experience, for example by keeping a connection to the Reserved Area active even if Users navigate away to other pages of the website, so that they do not need to re-enter their ID and Password, and by memorising specific information regarding Users (such as their preferences, browser and type of device).

These cookies (whose use does not require the consent of Users) are known as “technical” cookies; without them some of the technical operations described above either could not be performed or would be more complex and/or less secure.

If cookies are used for other purposes, typically for User profiling and for sending promotional and advertising messages (so-called “profiling” cookies), as soon as Users reach the home page or other landing page in the Website, a banner is displayed in a prominent position containing a brief notice on the use of the cookies concerned and requesting consent to proceed. Users may consent to the use of these cookies and continue their navigation by clicking an element under the banner or simply by closing the banner.

In any case, these cookies can only be read and modified by the website that generates them. They cannot be used to collect data from Users' terminals or to transmit viruses. Some functions normally performed by cookies can also be performed by other technologies; therefore, in the context of this data protection notice, the term “cookies” may refer to actual cookies or to other analogous technologies.

9.3 Use of cookies by the Website

This Website may use session cookies or persistent cookies. The cookies generated directly by this Website are “technical” cookies, used to ensure:

a) easier use of the Website and its audio-visual Content (e.g. by running utilities such as Flash Player);

b) correct functioning of the connection (e.g. by channelling User requests to the most appropriate servers).

9.4 "Third Party" Cookies

This Website also permits transmission to Users' terminals of third party cookies from companies with which Incold cooperates. Incold acts exclusively as technical intermediary for such cookies. While sending them, Incold does not control their functioning, which remains the sole responsibility of the third parties concerned. (Incold has neither control over nor access to the data provided and acquired.)

9.5 Management of Cookie Choices

Users can control the way cookies are used through their browser.

A) Browser settings

Users can set their own preferences governing the use of cookies. In particular they may use the functionalities found in all common browsers (Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari) to delete/remove all or some cookies and to change the browser's settings in order to block cookies or limit their use to specific websites. To learn how to configure browser settings (which are normally accessible from the browser's toolbar), go to the “Support” area of the browser supplier's website (which can be found using a normal search engine).

Disabling cookies does not in itself prevent use of the Services offered by this Website. However, if all cookies, including technical cookies, are deleted/disabled, it may prove impossible, more difficult or less secure to perform certain operations. This applies, for example to operations inside the Website's Reserved Area (because cookies are used to identify the User and store his details throughout the session).

10. Miscellaneous

10.1 Incold reserves the right to make changes to this Website, its Services and Content and to these General Conditions at any time. Users should always refer to the text of these General Conditions of Use as posted on the Website at the time of consultation.

10.2 These General Conditions and the relationship between Users and Incold are interpreted and governed by Italian law.

10.3 Any dispute arising between Users and Incold concerning or related in any way to the interpretation and execution of these General Conditions, or to use of the Website, its Services and/or Content shall be decided exclusively by the courts of Padua, Italy.

10.4 Incold's decision not to exercise any of the rights and provisions set out in these General Conditions may not be construed as a waiver of the same.

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