Technical and organizational measures of Business Driver ("TOM")

Annex 4 - Business Driver technical and organizational measures

Digital Solution pays close attention to the security and protection of such Personal Data.

For the following description of the status quo of the elementary data protection measures, it is not possible to cover all the security measures adopted by Digital Solution. In particular with regard to data protection and data security, it is not possible to provide detailed descriptions of the confidential measures, since the protection of security measures to avoid unauthorized disclosure is at least as important as the security measure itself.

The Customer is encouraged to speak about every single issue concerning the technical and organizational measures with the Customer's account manager at Digital Solution or, if applicable, with the Digital Solution DPO ([email protected]).

 

Data protection from design and data protection by default (Art. 25 Section 2 of the G DPR)

In Digital Solution, data protection is taken into account as soon as possible using data protection-compatible settings sets ("Data protection from design and data protection by default") to avoid illegal processing or improper use of data. By adopting appropriate sets of technical settings, we intend to guarantee the collection and processing of only the Personal Data that are actually necessary for a specific purpose (Principle of data minimization).

To obtain low-risk processing of personal data, the following protective measures are adopted, inter alia:

 

Controlling access to data

Digital Solution applies detailed policies to which personnel with access to information systems are obliged to comply and which are aimed at ensuring conduct suitable for ensuring compliance with the principles of confidentiality, availability and integrity of data in the use of IT resources.

Digital Solution defines the access profiles in compliance with the least privilege ("minimum privilege") necessary for the execution of the assigned tasks. The authorization profiles are identified and configured before the start of the treatment, in order to limit access to only the data necessary for the execution of the task that the individual must perform. These profiles are subject to periodic checks aimed at verifying the existence of the conditions for the conservation of the profiles assigned.

Authentication credentials - The systems are configured with suitable methods to allow access only to subjects with authentication credentials that allow their univocal identification. Among these, code associated with a keyword, reserved and known only by the same; authentication device in possession and exclusive use of the user, possibly associated with an identification code or a single-use keyword ("OTP").

Password - With regard to the basic characteristics or, obligation to modify the first access, minimum length, absence of elements easily referable to the subject, rules of complexity, expiry, history, evaluation of robustness, display and archiving, the keyword is managed in accordance with the industry best practices. Punctual instructions are provided to the subjects to whom the credentials are attributed in relation to the methods to be adopted to ensure their secrecy.

Logging - The systems are configurable with methods that allow the tracing of accesses and, where appropriate, of the activities carried out by the different types of users protected by adequate security measures that guarantee their integrity.

 

Transmission control

The transfer of Personal Data to a third party (e.g. customers, subcontractors, service provider) is carried out only in the presence of a specific contract and only for a specific purpose. If Personal Data is transferred to companies whose headquarters are outside the EU / EEA, Digital Solution establishes the presence of an adequate level of data protection at the destination office or organization in compliance with the data protection requirements of the European Union, e.g. using contracts based on the contractual clauses of the EU model.

Communication line security - As far as its competence is concerned, Digital Solution has adopted secure communication protocols in line with what technology makes available (https, tsl, sftp, ftps).

 

Checking availability

The availability check is intended to ensure the protection of personal data from accidental destruction and loss.

If Personal Data are no longer necessary for the purposes for which they were processed, they are immediately deleted. It should be noted that with each cancellation, the Personal Data, in the first instance, are only blocked and then definitively deleted at a later time. This measure is taken to avoid accidental cancellations or intentional damage.

For technical reasons, copies of Personal Data may be present in the backup files and can be made by mirroring the services. Without prejudice to the obligation of retention of Digital Solution data provided by law (see the Data Processing Agreement), these copies are also deleted, if necessary, with a delay determined technically. The availability of the systems themselves is guaranteed in accordance with the necessary level of security through the relative security measures (e.g. mirroring of hard disks, RAID systems, etc.).

Backup & Restore - Appropriate measures are taken to ensure the restoration of access to data in the event of damage to the same or electronic tools, in certain times compatible with the rights of the interested parties. Where the contractual agreements provide for it, an operational continuity plan integrated, where necessary, with the disaster recovery plan is used; they guarantee the availability and access to the systems even in the event of significant negative events that persist over time.

Protection from viruses and malicious software - The systems are protected against the risk of intrusion and the action of programs by activating suitable electronic instruments updated periodically. Antivirus tools that are kept constantly updated are in use.

 

Separation check

Personal data are used only for internal purposes (e.g. as part of the related relationship with the customer). A transfer to a third party, such as a subcontractor, is carried out exclusively in compliance with contractual agreements and data protection legislation.

Employees are given instructions to collect, process and use Personal Data only in the context and for the purposes set by the tasks they have to perform (e.g. the provision of the service). At a technical level, multi-client functions, separation of functions and separation of production and test systems are used for this purpose.

 

Data Center - Physical access to the Data Center is limited to authorized parties only

For details of the security measures adopted with reference to the data center services provided by the Additional Data Processors, as identified in the DPA, reference is made to the indicated security measures described by the same Additional Managers and made available on the relevant institutional sites at the following addresses (or to those that will subsequently be made available by the Additional Managers):

For data center services provided by Amazon Web Services https://aws.amazon.com/it/compliance/data-center/controls/
For the Data Center services provided by Microsoft: https://www.microsoft.com/en-us/trustcenter
For the Data Center services provided by Hetzner Gmbh: https://www.hetzner.com/rechtliches/datenschutz
For the Data Center services provided by Aruba Spa: https://www.cloud.it/gdpr-protezione-dati-normativa-ue.aspx

 

Hardening

Specific hardening activities are in place to prevent the occurrence of security incidents by minimizing the architectural weaknesses of operating systems, applications and network equipment considering - in particular - the decrease in risks associated with system vulnerabilities, the decrease in risks connected to the application context present on the systems and the increase in the protection levels of the services provided by the systems themselves.

 

Vulnerability Assessment & Penetration Test

Digital Solution periodically carries out vulnerability analysis activities aimed at detecting the state of exposure to known vulnerabilities, both in relation to infrastructure and application areas, considering the systems in operation or under development.

If deemed appropriate in relation to the identified potential risks, these checks are periodically integrated with specific Penetration Test techniques, through intrusion simulations that use different attack scenarios, with the aim of verifying the level of security of applications / systems / networks through activities that aim to exploit the detected vulnerabilities to circumvent the physical / logical security mechanisms and have access to them.

The results of the verifications are punctually and examined in detail to identify and implement the improvement points necessary to guarantee the high level of safety required.

 

Management of the response to an unforeseen event

Digital Solution deals with security-related events using standard operating procedures and processes based on tools based on "ITIL Best Practice", in order to restore trouble-free operation as soon as possible. Security incidents are monitored and analyzed promptly by the Digital Solution organization for security management. Depending on the nature of the event, the necessary and competent specialists and assistance teams from Digital Solution will participate in the process. At the moment, this Management of the response to an unexpected event is being activated.

 

Certifications

At the moment, Digital Solution is evaluating the possibility of activating the processes for obtaining the following certifications:

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Contract's General Conditions

General Conditions for Business Driver
 Effective March 17, 2020

Welcome!

Business Driver is a professional software application offered in SaaS mode exclusively to companies and organizations, or to all natural or legal persons or partnerships with legal personality who act in the exercise of their entrepreneurial, commercial or professional activity.

Business Driver is a service offered by Digital Solution Srl with registered office in Rome, Via Archimede 207, VAT number and Tax Code 13873451002 ("Digital Solution").

These General Conditions regulate the relationship between Digital Solution and the subject ("Contractor") who signs this Agreement in the context of the supply of Business Drivers and Associated Applications (collectively, the "Services").

If the Contractor signs this Agreement on behalf of a company or other legal entity, the Contractor declares to have the authority to bind this entity ("Customer") to these General Conditions; in this case, any reference to the Contractor will be understood as referring to this entity.

By registering for the Service, the Contractor accepts these General Conditions and the following attachments which form an integral part of this Contract:

Annex 1 - Definitions of terms
Annex 2 - Information on the processing of personal data ("DPS")
Annex 3 - Agreement on data processing ("DPA")
Annex 4 - Technical and organizational measures ("TOM")

The definitions of the terms shown with the initial capital letter used in this document are given in Annex 1 - Definitions of the terms.

Content index

  1. Eligibility to subscribe to Business Driver
  2. Licensing and restrictions
  3. Customer obligations and responsibilities
  4. Confidentiality of data
  5. Assistance
  6. Updates and Developments
  7. fees
  8. Intellectual property
  9. indemnity
  10. Digital Solution responsibility
  11. Unilateral changes
  12. Availability, Interruption and Suspension
  13. Withdrawal
  14. Express termination clause
  15. Effects of the termination of the Contract
  16. Applicable law and exclusive forum
  17. Novative effect
  18. Tolerance
  19. Invalidity and partial ineffectiveness
  20. Personal data treatment

 

 

 

  1. Eligibility to subscribe to Business Driver

1.1. Business Driver is an application intended exclusively for companies and organizations, that is, for all natural or legal persons or partnerships with legal personality who act in the exercise of their entrepreneurial, commercial or professional activity. Business Driver is not intended for other subjects, in particular for consumers. A person under the age of 18 or considered a minor in their country of residence cannot register for Business Driver.

1.2. By accepting these General Conditions, the Customer declares to (i) have all the rights and powers necessary to conclude and give full and effective execution of the Contract and (ii) to use the Services as part of his business activity, artisanal, commercial or professional and that, therefore, the provisions of Legislative Decree 206/2005 to protect consumers do not apply to you. The Customer undertakes to provide Digital Solution with all the information necessary to allow a correct and complete fulfillment of the obligations assumed pursuant to this Contract.

1.3. The Customer undertakes to ensure that the provisions of the Contract are respected by each User, whether they are employees and / or collaborators. Also pursuant to art. 1381 of the Italian Civil Code, the Customer is considered exclusively responsible for the work of these subjects and also guarantees compliance with all applicable regulations, including those in tax and civil matters.

1.4. If Digital Solution reasonably believes that the indicated requirements are not met by the Customer or a User, without liability and in its sole discretion, Digital Solution has the right to suspend or cancel this User Account (s) and the related User Data and / or deactivate any parts, aspects or functions of the Business Driver or, as the case may be, terminate the entire Contract for just cause with immediate effect.

 

  1. Licensing and restrictions

2.1. Business Driver grants the Customer the non-exclusive, non-transferable, temporary, revocable, royalty-free right to use the Service worldwide ("License"), exclusively for internal corporate purposes, from any technically compatible device, in accordance with the terms and conditions of this Agreement. All rights not expressly granted are reserved rights of Business Driver and its licensors.

2.2. User licenses cannot be shared or used by more than a single User but can be reassigned, from time to time, to new Users who replace previous Users who may have ceased their occupation or have changed their working status or role and no longer use the Service.

2.3 Local availability may be limited. Business Driver may not be available in all countries or accessible from all countries or may be used in a certain location. The Customer is responsible for complying with the Laws applicable in his jurisdiction, State or Country and must not use Business Driver, in the event that such use involves a violation of the applicable Law. Digital Solution reserves the right to modify or disable Business Driver functions and functions and / or any related services, if this is necessary to comply with the local regulations in force. Digital Solution has the right to block access to Business Drivers from certain countries or jurisdictions. This limitation, modification or deactivation does not give the right to early termination of the Contract.

 

  1. Customer obligations and responsibilities

3.1. The Customer undertakes to pay Digital Solution the Fees due as required by the Order form.

3.2. The Contractor is required to know the identity of any registered or invited user. It is forbidden to allow the use of Business Drivers to subjects who have not been identified.

3.3. The Customer is required to keep and ensure that each User keeps their Access Credentials with the utmost confidentiality and diligence, obliging themselves not to transfer them or allow their use to third parties. If the Customer or the User has the reasonable suspicion that one or more passwords have been violated, he must inform the Assistance service without delay.

3.4. The Customer is aware of the fact that the knowledge of the Access Credentials by third parties would allow the latter to use unauthorized Business Drivers, the unauthorized use of the Services and access to any information stored therein. The Customer will in any case be held exclusively responsible for any use, authorized or otherwise, of Business Driver through the Access Credentials.

3.5. The Customer undertakes to independently acquire hardware and software, as well as adequate Connectivity in order to be able to access the Internet and use the Services exclusively for the purposes for which they are intended. It is forbidden to use Business Driver for the purpose of depositing, storing, sending, publishing, transmitting and / or sharing data, applications or IT documents that: (a) conflict with or violate the Privacy or Intellectual Property rights owned by Digital Solution and / or third parties; (b) have discriminatory, defamatory, libelous or threatening content; (c) contain pornographic, child pornography, obscene or otherwise contrary to public morals material; (d) contain viruses, worms, Trojan horses or other codes, files, scripts, agents or programs harmful to computers and software (e) constitute spamming, phishing and / or similar activities; (f) may interfere with the integrity or performance of the Service or the data contained therein; (g) are in any case contrary to the applicable regulatory and / or regulatory provisions.

 

  1. Confidentiality of data

4.1. Digital Solution pays close attention to the security and protection of such Personal Data. When entering into the Contract, the Customer also signs the Data Processing Agreement (DPA), which is based on a Data Controller model. The signing of the DPA is mandatory. With this document, the Customer also accepts that the conditions of the DPA and the Privacy Policy (DPS) will apply to each User of the Customer's Tenancy, also agreeing to take the appropriate measures to ensure that these conditions are also binding for them. .

4.2. Digital Solution will process the Personal Data provided only for the purpose of the Business Driver functioning and will delete such Personal Data from its systems if they are no longer necessary for the purpose in question, without prejudice to any data retention obligations in accordance with the applicable Laws.

 

  1. Assistance

5.1. Faced with the timely payment of the Fees, Digital Solution undertakes to provide the Customer with an Assistance service, in accordance with the timing and procedures published on the Business Driver website.

5.2. The Customer acknowledges and accepts that the Assistance service will be provided exclusively remotely, any direct intervention on the Customer's IT systems being expressly excluded.

 

  1. Updates and Developments

6.1. The Customer acknowledges that Business Driver is subject, by its very nature, to a constant technological and regulatory evolution which requires continuous and expensive updating, development and, in some cases, replacement activities, necessary in order to guarantee their functionality.

6.2 The Customer acknowledges and agrees that, where deemed appropriate at the unquestionable judgment of Digital Solution, the Updates and Developments may: (i) determine the modification or deletion of some features of the Software; (ii) consist of substitutions or migrations (even partial) of Business Drivers.

6.3. The Customer exonerates Digital Solution from any liability related to any damage deriving from potential Updates and Developments, unless such damage derives from willful misconduct or gross negligence of Digital Solution.

 

  1. fees

7.1. In the face of the supply of Business Drivers, the Customer undertakes to pay Digital Solutions the Fees indicated in the Order, according to the methods and timescales provided therein. In the absence of express provision in the Order, the Fees must be paid in advance of each deadline provided for by the subscribed subscription.

7.2. In the event of non-payment or delayed payment of any sum due pursuant to the Contract, the Customer will automatically lapse from the benefit of the term and interest on arrears will accrue on the sums due to the extent required by Legislative Decree 231/2002.

7.3. The Customer waives the right to propose exceptions without having previously fulfilled his payment obligations pursuant to this article 7.

 

  1. Intellectual property

8.1. Only Business Driver and, where applicable, its licensors, are owners of all rights, titles and interests, including all intellectual property rights and economic exploitation rights relating to Technology, Content and Business Driver Service, as well as any suggestions, ideas, requests for improvement, advice or other information regarding the Service, provided by the Contractor or by any other party. This Agreement does not constitute a sale and does not guarantee to the contracting party any property right on or connected to the Service or to the intellectual property rights of which Digital Solution is the owner.

8.2. The Business Driver name, the Business Driver logo, product names, logos, domain names and other distinctive signs however associated with the Services are trademarks of Digital Solution or third parties and no right or license to use them is granted.

8.3. The Customer undertakes, also pursuant to art. 1381 of the Italian Civil Code for each User, to use the Services within the limits of the License and in compliance with the Intellectual Property rights of Digital Solution or third parties.

8.4. The Contractor undertakes not to (i) license, sublicense, sell, resell, transfer, assign, distribute or exploit in any other way for commercial purposes, or make the Services available to any third parties in any way; (ii) modify or create derivative works based on the Services; (iii) perform "framing" or "mirroring" on any other wireless or Internet-based server or device; (iv) reverse engineer or access the Service for the purpose of (a) creating a competitive product or service, (b) creating a product using ideas, features, functions or graphics similar to those of the Services or (c) copying any ideas, features, function or graphics of the Services.

 

  1. indemnity

9.1. The Customer undertakes to indemnify and hold harmless Digital Solution from any damage, claim, responsibility and / or burden, direct or indirect and including reasonable legal costs, that Digital Solution should suffer or bear as a consequence of the Customer's default and / or a User of each of the obligations set out in the Contract and, in particular, of the provisions of article 3 (Customer's Obligations and Responsibilities).

 

  1. Digital Solution responsibility

10.1. Digital Solution does not issue express or implied declarations or guarantees that the Services are suitable to meet the specific needs of the Customer, that they are free from errors or that have functions not provided for in the technical specifications and in the related documentation.

10.2. Digital Solution cannot be held responsible for damages, direct or indirect, of any nature and extent, which may arise to the Customer and / or to each User and / or third parties as a consequence of the use of the Services in a manner not in compliance with the provisions of the Contract and / or applicable laws.

10.3. Digital Solution will not be in any way responsible for any malfunctions and / or failure to use the Services that derive from (i) inadequate Connectivity by the Customer, (ii) delays, limitation, malfunctions of the Internet and the infrastructure's communication lines Cloud or third party.

10.4. In no case can Digital Solution be held responsible for any damages or losses, of any nature or entity, deriving from the processing carried out by the Customer and / or each User through the Services, being in any case the Customer and / or User required to verify the correctness of such processing.

10.5. Digital Solution, without prejudice to the mandatory limits of the law, cannot in any case be held responsible for any damage (direct or indirect), cost, loss and / or expense that the Customer and / or third parties should suffer as a result of IT attacks, hacking activities and, in general, unauthorized and unauthorized access by third parties to the Data Center, Cloud Infrastructure, Business Driver and Connected Applications and, in general, to the Customer's IT systems and / or Digital Solution, from which the following consequences may arise, without claiming to be exhaustive: (i) failure to use the Services; (ii) loss of ownership data or in any case in the availability of the Customer; and (iii) damage to the Customer's hardware and / or software systems.

10.6. Except in the case of willful misconduct or gross negligence, the liability of Digital Solution can never exceed the amount of the Fees paid by the Customer pursuant to this Agreement in the last renewal period. Digital Solution cannot be held responsible for any loss of profit, loss of earnings or indirect damage, loss or damage of data, downtime, loss of commercial opportunities or other benefits, payment of penalties, delays or other responsibilities of the Customer towards third parties.

 

  1. Unilateral changes

11.1. All communications to the Customer relating to the Contract can be made to the email address provided during registration. It is understood that it will be the Customer's responsibility and responsibility to keep his / her contact details updated through the appropriate function present in the Software.

11.2. The Contract can be modified by Digital Solution at any time, by giving simple written communication to the Customer, also via the main Business Driver screen.

11.3. Any changes to the General Conditions are generally communicated to the Customer, or to the Administrator of a Tenancy, via email and via the main Business Driver screen with at least 4 (four) weeks' notice. If the entry into force of the new General Conditions is subsequent to the expiration of the Customer's subscription, the Customer may decide not to renew the subscribed subscription or to renew the subscription within the deadline through the online procedure. In case of renewal, the Customer accepts the new General Conditions and the changes made.

11.4. If the entry into force of the new General Conditions is prior to the expiry of a current subscription, the Customer has the right to withdraw within 15 days from the communication of variation, by sending a written request to [email protected] indicating the last day in to which the Services must be terminated. In this case Digital Solution will proceed, in the following 30 days, to make a pro-rata refund to the Customer for the unused days.

11.4. In the absence of exercise of the right of withdrawal by the Customer, in the terms and in the ways indicated above, the changes to the Contract will be considered definitively known and accepted by the latter and will become definitively effective and binding.

 

  1. Availability, Interruption and Suspension

12.1. Business Driver declares and warrants that it will provide the Service in a manner consistent with the general industry standards reasonably applicable to such provision and that the Service will function substantially in accordance with the Business Driver online documentation during normal use and under normal circumstances. Digital Solution will make every reasonable effort to ensure maximum availability of the Services.

12.2. However, the Customer acknowledges and accepts that Digital Solution may suspend and / or interrupt the supply of the Services, upon written communication to the Customer, should routine or extraordinary maintenance work be necessary to the Data Center and / or the Cloud Infrastructure and / or the software itself. In such cases, Digital Solution undertakes to restore the availability of the Services in the shortest possible time.

12.3. Except as provided in paragraphs 12.4 and 12.1, Digital Solution also reserves the right to suspend or interrupt the supply of the Services and access to the Customer, to each User or to prevent access to the data stored there:

(a) in the event of non-payment or delayed payment, in whole or in part, of the Fees;

(b) if there are security and / or confidentiality reasons;

(c) in the event of breach by the Customer and / or each User of the legal obligations regarding the use of IT services and the Internet;

(d) if it becomes aware of a violation of the provisions of article 3;

(e) if an express request to that effect is made by a court or administrative body on the basis of current regulations;

(f) in the event that problems occur to the Data Center and / or to the Cloud Infrastructure and / or to the Software that cannot be remedied without suspending the related access, including the hypothesis of relative replacement and / or even partial migration.

12.4. In any case of interruption or suspension of services, Business Driver will make every reasonable effort to provide the Customer, where possible with adequate notice, a communication relating to the suspension and the expected recovery times.

 

  1. Withdrawal

13.1. Digital Solution reserves the right to withdraw from this Agreement at any time, by notifying the Customer via email and / or via the Business Driver login screen to be sent to the Customer with at least 4 (four) weeks' notice.

13.2. In the event that Digital Solution exercises its right of withdrawal for reasons other than those referred to in paragraph 14 below, the Customer will be entitled to the refund of the fee for the period of non-use of the Services, if it has already been paid.

13.3. Digital Solution also reserves the right to withdraw from the Contract even in the event that the Customer is seriously in default with reference to any of the possible further contracts concluded between the same Customer and Digital Solution.

 

  1. Express termination clause

14.1. Without prejudice to compensation for damage, Digital Solution reserves the right to terminate the Contract pursuant to art. 1456 of the Italian Civil Code following the sending of a simple written communication in the event of failure by the Customer and / or each User to fulfill even one of the provisions: 1 (Eligibility to subscribe to Business Driver), 3 (Customer Obligations and Responsibilities) , 7 (Fees), 8 (Intellectual Property).

14.2. Without prejudice to the obligation for the Customer to pay the Fees referred to in article 7, Digital Solution, in the event of default by the Customer and / or each User to one of the obligations referred to in paragraph 3, it also reserves the right to stop supplying the Services at any time. In this case, Digital Solution will communicate to the Customer the intention to interrupt the supply of the Services, inviting the Customer, where possible, to remedy the breach within a certain term. In any case, the Customer is obliged to pay the amount due even in the event of interruption of the supply of the Services.

 

  1. Effects of the termination of the Contract

15.1. In the event of termination of the Contract, for any reason, Digital Solution will immediately and definitively cease the supply of the Services.

15.2. Without prejudice to the provisions of paragraph 16.1, following the termination of the Contract, for any reason, the Customer will have the right to download his data, documents and / or contents in the manner indicated by Digital Solution.

15.3. Without prejudice to different agreements between the Parties and the mandatory legal limits, where the Customer has not downloaded or requested the return of the data, documents and / or contents within the term referred to in paragraph 16.2, Digital Solution will have the right to permanently delete them .

15.4. In any case, it is understood that the following provisions will survive the termination of the Contract, for any reason: 3 (Obligations and Responsibilities and customer declarations), 4 (Confidentiality of data), 7 (Considerations), 8 (Intellectual Property), 9 (Indemnity), 10 (Responsibility of Digital Solution), 17 (Applicable law and exclusive forum), 18 (Novative effect), 19 (Tolerance), 20 (Invalidity and partial ineffectiveness).

 

  1. Applicable law and exclusive forum

16.1. This Agreement is subject to the laws of the Italian Republic, regardless of the choice or conflict of legal clauses of any jurisdiction, and any dispute, action, complaint or cause of action arising from or related to this Agreement or the Service, will be subject to jurisdiction exclusive of the Forum of Rome, Italy.

 

  1. Novative effect

17.1. This Agreement replaces any previous or contemporaneous negotiation, discussion or agreement, whether written or oral, between the Parties for the use of the Services, which are considered absorbed and exhaustively exceeded by the provisions of the Contract.

 

  1. Tolerance

18.1. Any omission to assert one or more of the rights provided for in the Contract cannot however be understood as definitive renunciation of these rights and will therefore not prevent the punctual and rigorous fulfillment of them at any other time.

 

  1. Invalidity and partial ineffectiveness

20.1. Any invalidity or ineffectiveness of any of the agreements of the Contract will leave intact the other agreements legally and functionally independent, except as provided for by art. 1419, first paragraph, cc

 

  1. Personal data treatment

20.1. With reference to the processing of personal data of third parties entered or otherwise processed by the Customer through the Software ("Third Party Personal Data"), the Parties acknowledge and agree to comply with the provisions of the GDPR.

20.2. The Customer must indemnify and hold harmless Digital Solution from any prejudice, burden, sanction or claim that Digital Solution should suffer or receive due to the breach by the Customer of the established obligations (including for what concerns any claims or requests by the interested parties or third parties and the related legal defense costs). Digital Solution, in any case, cannot be held responsible for any deficiency, deficiency or incorrectness of the instructions given by the Customer regarding the processing of Third Party Personal Data or for the failure to adopt technical-organizational security measures relating to the own staff.

20.3. The personal data of the Customer, or of the Customer's staff collected and processed by Digital Solution for purposes and with its own methods and whose treatment, therefore, Digital Solution is the Owner pursuant to the GDPR ("Customer Personal Data"), will be processed by Digital Solution in accordance with what is reported in the information issued by Digital Solution pursuant to article 13 of the GDPR.

20.4. The Parties agree that Digital Solution may proceed with the processing and use of purely statistical information, on an aggregate basis, collected in relation to the use of the Services by the Customer, including information relating to the meta-data associated with the documents, for the purpose of study and statistics. For this purpose, the Customer grants Digital Solution a non-exclusive, perpetual, irrevocable license, valid worldwide and free of charge, to use this information for these purposes.

20.5. The Parties recognize that the execution of the Services may entail the processing by Digital Solution of personal data owned by the Customer or of which the Customer has been appointed, in turn, responsible for the processing by the legitimate owner ("Third Beneficiary") . In this regard, the Parties acknowledge that Digital Solution will act in relation to these treatments as Data Processor.

 

ENGLISH VERSION WILL BE AVAILABLE SOON

Allegato 1 – Definizione dei termini

 

Nelle Condizioni Generali per Business Driver, i termini e le espressioni di seguito elencati, quando riportati con iniziale maiuscola, devono intendersi con il significato ad essi attribuito nel presente allegato.
I termini indicati al singolare si intendono anche al plurale e viceversa.

Aggiornamenti e Sviluppi: significa tutti gli aggiornamenti, adattamenti, sviluppi, migliorie e modifiche in genere apportate da Digital Solution e/o dai terzi titolari ai Servizi. Gli Aggiornamenti e Sviluppi non comprendono quelli resi necessari dalla modifica, integrazione, abrogazione o emissione di leggi, decreti, regolamenti, direttive, ordini o decisioni, italiani, comunitari o stranieri che, a insindacabile giudizio di Digital Solution, abbiano un impatto significativo sull’operatività e/o sui costi di Digital Solution e/o sulla struttura dei Software o apportino modifiche sostanziali o strutturali alla normativa in vigore alla data del Contratto.

Amministratore della Tenancy (o Tenant): si riferisce ad un Utente al quale è stato concesso l’accesso alla console di amministrazione del Cliente per Business Driver. L’Amministratore della Tenancy può creare e invitare altri Utenti nella Tenancy, modificare i livelli di accesso al Software, gestire le sottoscrizioni a Business Driver. Il primo Amministratore della Tenancy viene creato in automatico all’atto della registrazione a Business Driver insieme al Contatto del cliente.

Applicazioni Collegate: significa tutte le funzionalità aggiuntive ovvero le applicazioni utilizzabili all’interno di Business Driver che abbiamo un proprio marchio commerciale o che non rientrano nelle funzionalità previste dalla versione base di Business Driver. A titolo semplificativo e non esaustivo sono da intendersi Applicazioni Collegate anche “Legal Driver” e “BookingPlat”.

Assistenza: significa il servizio di supporto tecnico volto a suggerire al Cliente, su richiesta di quest’ultimo e laddove possibile, soluzioni tecniche per assicurare la corretta fruizione dei Servizi.

Business Driver: definisce, collettivamente, il Servizio ed la relativa unità di business della società Digital Solution Srl (P.I. IT13873451002) con sede in Roma, Via Archimede, 207 00197 Roma, Italia che si occupa di erogare il Servizio e l’Assistenza.

Cliente: significa la società indicata nell’Ordine.

Contraente: significa persona fisica che agisce per conto di un entità giuridica nella sottoscrizione del Contratto. Il Contraente ricoprirà il ruolo di Amministratore della Tenancy e di Contatto del cliente.

Connettività: significa la connessione al Data Center effettuata dal Cliente mediante collegamento a una rete di telecomunicazioni o a internet.

Contratto: significa le presenti Condizioni Generali e Termini di Servizio, i relativi allegati, le eventuali Condizioni Integrative, l’Ordine, gli eventuali moduli di registrazione e adesione ai Servizi sottoscritti dal Cliente.

Corrispettivi: significa le somme, indicate nell’Ordine, che il Cliente corrisponderà a Digital Solution in ragione della fornitura dei Servizi.

Credenziali di Accesso: significa il sistema di autenticazione attraverso il quale è possibile accedere e utilizzare il Software, inclusi i codici di identificazione e le chiavi di accesso forniti da Digital Solution al Cliente ed associati a ciascun Utente e gli eventuali token.

Data Center: significa i centri servizi che ospitano i server interconnessi, di proprietà di Digital Solution o di terzi, sui quali risiede l’Infrastruttura Cloud.

GDPR: indica il Regolamento generale europeo sulla protezione dei dati del 27 aprile 2016 n. 679.

Gruppo Digital Solution: indica Digital Solution S.r.l. (con C.F. e P. IVA n. IT13873451002) con sede in Via Archimede, 207 00197 Roma (Italy) e tutte le società direttamente o indirettamente controllate da, o collegate a, Digital Solution ai sensi dell’art. 2359 c.c.

Infrastruttura Cloud: significa il sistema cloud di titolarità di Digital Solution o di terzi che ospita Business Driver e le Applicazioni Collegate.

Legislazione in materia di Protezione dei Dati Personali: indica il GDPR, e ogni eventuale ulteriore norma e/o regolamento di attuazione emanati ai sensi del GDPR o comunque vigenti in Italia, nonché ogni provvedimento vincolante che risulti emanato dalle autorità di controllo competenti in materia (es. Garante per la protezione dei dati personali) e conservi efficacia vincolante (ivi inclusi i requisiti delle Autorizzazioni generali al trattamento dei dati sensibili e giudiziari, se applicabili e ove mantengano la propria efficacia vincolante successivamente al 25 maggio 2018).

Licenza: ha il significato di cui al paragrafo 8.2.

Ordine: significa il modulo, in formato elettronico o cartaceo, compilato e accettato (anche on-line) dal Cliente e contenente alcuni termini e le condizioni specificamente applicabili ai Servizi indicati nell’Ordine medesimo. Resta inteso che in caso di discordanza tra i termini e le condizioni indicate nell’Ordine e le disposizioni delle Condizioni Generali e/o delle Condizioni Integrative, prevarranno le disposizioni dell’Ordine.

Parti: significa, congiuntamente, Digital Solution e il Cliente.

Partner: significa il/i soggetto/i individuato/i da Digital Solution e che collabora/no con quest’ultima allo scopo di erogare al Cliente i Servizi e/o l’Assistenza.

PEC: significa posta elettronica certificata.

Proprietà Intellettuale: significa ogni diritto di proprietà intellettuale e/o industriale, registrato o non registrato, in tutto o in parte, ovunque nel mondo, quali - a titolo esemplificativo e non esaustivo - marchi, brevetti, modelli di utilità, disegni e modelli, nomi a dominio, know-how, opere coperte dal diritto d’autore, database e software (ivi inclusi, ma non limitatamente a, le sue derivazioni, il codice sorgente, il codice oggetto e le interfacce).

SaaS: significa Software-as-a-Service.

Servizio definisce la versione specifica di Business Driver ovvero le Applicazioni Collegate identificati durante la procedura di ordinazione, offerti in modalità SaaS e accessibili dall’indirizzo https://login.businessdriver.pro o un altro Url designato, ai quali il Contraente può accedere ai sensi del presente Contratto, inclusi software, hardware, prodotti, processi, algoritmi, interfacce utente, know-how, tecniche, progetti e altro materiale o informazione tangibili o non tangibili.

Software: significa i prodotti software di titolarità di Digital Solution o di terzi, ovvero Business Driver e le Applicazioni Collegate, eventualmente aggiornati e/o modificati a seguito degli Aggiornamenti e Sviluppi.   

Tenancy o Tenant: si intende l’ambiente operativo separato logicamente sulla piattaforma di Business Driver destinato al Cliente e ai suoi Utenti.

Utente: definisce i dipendenti, rappresentanti, consulenti, soci, utenti del Contraente da quest’ultimo autorizzato a utilizzare il Servizio ovvero la specifica Tenancy del Cliente.

 

 

 

 

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