“ETNICOM” INTERNATIONAL PREPAID TELEPHONE CARDS BY CLOUDITALIA – GENERAL CONDITIONS OF SALE AND PRIVACY DISCLOSURE
1.1 These Conditions of Sale refer to the purchase of the International Prepaid Telephone Cards named “ETNICOM” (hereinafter the “service”), provided online via the web site www.ETNICOM.it. This is a service offered by Clouditalia Telecomunicazioni S.p.A, a Single Shareholder company (hereinafter “Clouditalia”), with registered office located at Via P. Calamandrei 173, 52100 Arezzo.
1.2 Each purchase will be governed by the regulations applicable to e-commerce and in compliance with the Italian Consumer Code. Regarding preservation of confidentiality, all personal information will be handled in full compliance with the regulations set forth under Legislative Decree 196 of 30/06/2003 and EU Regulation 2016/679 (GDPR).
1.3 Clouditalia reserves the right to change these conditions of sale without warning, notwithstanding that the conditions of sale applicable at the time of the purchase will apply from time to time.
Art. 2 – Registration
2.1 A customer who wishes to purchase an ETNICOM telephone card from the website www.ETNICOM.it must register his or her e-mail address on the website www.ETNICOM.it which belongs to Clouditalia, in order to receive a 12 character PIN code which will allow the buyer to make telephone calls according to the terms and conditions set forth on the www.ETNICOM.it website.
Art. 3 – Customer obligations
3.1 These Conditions of Sale must be acknowledged online by Customers who visit the website www.ETNICOM.it before they confirm their purchases. Submission of the order confirmation therefore implies total knowledge of these conditions of sale and full acceptance thereof.
Art. 4 – Acceptance of the conditions of sale
4.1 By dispatching the payment order online, the Customer unconditionally accepts and is obliged to observe the general terms and conditions and the payment terms to described below in his or her relations with Clouditalia, declaring that he or she has seen and accepted all the indications provided pursuant to the regulations above, also acknowledging that Clouditalia shall not consider itself to be bound by differing conditions if such had not previously been agreed upon in writing.
Art. 5 – Purchase procedures
5.1 www.ETNICOM.it is a website owned by Clouditalia.
5.2 The service characteristics and the procedures for purchasing are available as illustrated and described online on the website www.ETNICOM.it and must be consulted by customers before completing the purchase of the “ETNICOM” telephone cards; the aforementioned service conditions will be considered as accepted upon acceptance of these Conditions of Sale.
5.3 These service prices are shown in Euro with VAT paid at the source pursuant to article 74 of Italian Presidential Decree 633/72.
5.4 The sales prices indicated on the website may be modified by Clouditalia at any time and Clouditalia has no obligation to provide advance notice in this regard.
5.5 The service prices published from time to time shall cancel and replace the previous prices.
5.6 Any special offers promoted by Clouditalia are valid until expiration or until depletion and, in any case, they are subject to actual availability of the relative services from Clouditalia.
Art. 6 – Acceptance and fulfilment of the order
6.1 Clouditalia will fulfil the orders within 24 hours from the request and reserves the right not to accept purchase orders, in the following cases, in addition to the cases set forth under article 7 below: – provision of fictitious identification and/or payment data; – any previous breach of agreement of any type toward Clouditalia; – registration in the list of protested accounts; – undergoing insolvency procedures.
6.2 Clouditalia continually conducts checks in order to take the most appropriate actions so as to control illegal activities and reserves the right to take action against any person committing fraud online. Clouditalia reserves the rights to adopt, without warning, restrictions in order to protect itself from any fraudulent usage.
6.3 Clouditalia Telecomunicazioni S.p.A. will have no liability for any errors regarding insertion of the e-mail to which the PIN code is to be sent for usage of the prepaid credit.
Art. 7 – Payments
7.1 Payment by credit card shall be made exclusively using the following credit cards: VISA, MASTERCARD, AMERICAN EXPRESS and/or via PayPal.
7.2 The security of the transactions is guaranteed by a data encryption system (SSL).
7.3 Limitations: Daily purchases per customer are limited to of € 50.
Art. 8 – Privacy Disclosure
Pursuant to article 13 of EU Regulation 2016/679 (GDPR), CUSTOMERS are hereby informed that the processing of the data provided by them to CLOUDITALIA is required in order to allow the latter, whether directly or through third parties, to fulfil the obligations arising from subscription to and subsequent provision of the service, or obligations connected thereto as provided by the Law and the applicable Regulations.
Data Processing means any operation or set of operations, executed with or without automated processes and applied to personal data or sets of personal data, such as the collection, registration, organization, structuring, preservation, adaptation or modification, extraction, consultation, usage, communication by means of transmission, dissemination or any other form of provision, comparison or interconnection, limitation, cancellation or destruction. The data shall be processed using instruments that ensure the security as well as the confidentiality thereof and may also be conducted through automated instruments that memorize, manage and transmit the data itself.
The data controller is Clouditalia Telecomunicazioni Spa, a Single Shareholder company, represented by its legal representative, with registered office at Via Piero Calamandrei 173, Arezzo. Pursuant to article 37 of the GDPR, the Data Protection Officer (DPO) can be contacted at the certified e-mail address firstname.lastname@example.org or the address of the registered office indicated for the data controller, or by calling the telephone number 05751944401.
The personal data provided by you upon sending the e-mail for conclusion of the telephone card purchase will be processed by Clouditalia for:
A) CONTRACTUAL PURPOSES AND FULFILMENT OF OBLIGATIONS AS PROVIDED BY THE LAW, REGULATIONS OR EU REGULATIONS
1) Conclusion and execution of the service purchased.
2) Provision of the services requested as part of the ETNICOM commercial offer (including supplementary and optional services).
3) Communication of events which are strictly connected to the ETNICOM service, such as, for example: communications relative to the functionality of the assistance and/or support service, payment status, blockage of the card, etc.
4) Administrative management of the contractual relationship (such as the billing of services, the handling of complaints and disputes, sending of service communications, collection of receivables, prevention of fraud and/or illegal activities, technical assistance);
5) Protection of credit, the prevention of fraud and/or illegal activities, including through banks and credit institutions, factoring companies or assignees of the receivables, professionals that provide support in the event of dispute, as well as for the implementation, under the control of the Sector Authority, control and monitoring systems for receivables which may be shared with other Operators.
The provision of personal data is required for the reasons indicated above and the processing thereof does not require the consent of the CUSTOMER. Any refusal to provide this data will result in the impossibility of initiating a contractual relationship and we will therefore be unable to provide the requested Services.
6) Personal data will also be processed for fulfilment of obligations as provided by the law, a regulation, the European Union laws or an order of the Authorities and for statutory, accounting and tax purposes.
7) Exercise of the rights of the Controller (for example the right of defence in court).
b) OTHER PURPOSES
1) Communication of new initiatives and commercial, promotional and advertising offers referring to the ETNICOM Service or Services and sending Newsletters using automated instruments (e.g. e-mail, SMS, etc.) and/or traditional methods (such as telephone calls, ordinary mail, etc.)
2) Communication of new initiatives and commercial, promotional and advertising offers referring to the Services of Clouditalia Telecomunicazioni Spa and sending newsletters using automated instruments (e.g. e-mail, SMS, etc.) and/or traditional methods (such as telephone calls, ordinary mail, etc.)
We hereby inform you that in order to use the personal data for the purposes under point 1), letter b) and carry out the activities indicated therein, it is not necessary to request your consent if you have provided your e-mail details when registering your e-mail address. Pursuant article 130, par. 4 of the Personal Data Protection Code (Legislative Decree 196/2003), where for the direct sale of its products or services, the data controller uses the email information provided by the party in question, the data controller is entitled not to request the consent of the latter party, provided that the products and/or services are similar to the products and/or service that were sold to the party.
We therefore inform you that by registering on www.ETNICOM.it/registration/ and providing your email information in order to use the ETNICOM Service or, subsequently, while the Service is in use by you, you are entitling the data controller to use the information you provided for the purposes under point 1) of letter b), without any additional consent being required from you.
We also inform you that upon receiving any communication that occurs for the purposes indicated under point 1), letter b), you are entitled to oppose processing by following the instructions provided with every message. This opposition can also be partial, referring to your wish to receive communications only via traditional instruments.
We inform you that as long as your authorisation to use your email address has not been revoked, notwithstanding your right to oppose processing, you will receive the communications and newsletters under point 1), letter b) above.
We hereby inform you that in order to use the personal data for the purposes under point 2), letter b) and carry out the activities indicated therein, you must provide your consent upon registration.
We inform you that as long as your authorisation to use your email address has not been revoked, notwithstanding your right to oppose processing, you will receive the communications and Newsletters under point 2), letter b) above.
The personal data will be processed by specifically tasked Clouditalia personnel. For some types of processing, Clouditalia may also use third parties who must, in any case, follow the instructions specifically provided by Clouditalia to ensure the security and confidentiality of the date provided to them.
The personal data shall be processed using instruments that ensure the security as well as the confidentiality thereof and may also be conducted through automated instruments that memorize, manage and transmit the data itself.
Clouditalia is the controller of the data provided and is therefore responsible for any updates or amendments to the data, based on changes it is informed of.
Notwithstanding deletion of telephone traffic data which is not required for invoicing or management of the interconnection payment, pursuant to article 123 of the Personal Data Protection Code (Legislative Decree 196/2003), the data relative to the telephone traffic (including any Logs or location related information) will be preserved for billing or payment of the connections for a maximum period of 6 (six) months from the invoicing date, or the date the payment became due. However, in the event of a dispute, the data may be kept on file for a longer period, until the relative right has prescribed.
The telephone traffic data will moreover be preserved for a further 24 (twenty-four) months from the communication date, for ascertainment and prevention of crime.
Data relative to unanswered calls is preserved for 30 (thirty) days.
The “Preservation times” indicated above are pursuant to the indications of Legislative Decree 196/2003 (the Privacy Code), but may vary based on various European Directives that may be issued.
Currently, in implementation of article 20 of (EU) Directive 2017/541 issued by the European Parliament and Council on 15 March 2017 on combating terrorism, for ascertainment and repression of the crimes listed under articles 51, par. 3-quater and 407, par. 2, letter a) of the Italian code of criminal procedure, the preservation time for telephone and email traffic data and the data which is relative to unanswered calls is 72 months, in derogation of the provisions set forth in article 132, paragraphs 1 and 1-bis of the personal Data Protection Code, pursuant to Legislative Decree 196 of 30 June 2003.
Due to the nature of the service, the data provided upon registration with the service (email account) will be kept on file for the purposes under letter (a) until the user requests deletion thereof via the procedures indicated above.
The information collected for the purposes indicated under letter (b) point 2 will be preserved for no more than 2 years from the date they were collected, or a shorter period, if the interested party revokes his or her consent.
The CUSTOMER hereby declares that he/she is aware of his/her rights pursuant to article 15 of EU 2016/679 and in particular the CUSTOMER is aware of his/her right:
- to obtain confirmation of the existence or lack thereof of personal data concerning him/her, whether recorded or not, and notification of the data in an intelligible form;
- to obtain information regarding the original of the personal data, the categories of personal data processed, the preservation period of the personal data or, if not possible, the criteria used for determining this period, the purposes of and procedures applied to the processing, the logic applied if the data is processed using electronic instruments, the identification information of the data controller, the data processor designated pursuant to article 37, the individuals or categories of individuals to whom the personal data may be communicated or which could become aware of the data in their capacity as the designated representative in the Country, parties who are responsible or in charge, and if the information is transferred to a third country or an international organisation, the right to be informed of the existence of adequate guarantees pursuant to article 46, relative to the transfer of the data.
- to ensure the updating, correction or, if necessary, integration of the data, deletions, transformation into anonymous form or blocking of data which is processed in violation of the law, including when preservation is not necessary in relation to the purposes for which the data was collected or subsequently processed, the limitation of the processing of personal data that refers to the customer or to oppose processing thereof;
- to wholly or partially oppose processing of personal data that refer to him or her, even if referring to the purpose of the collection, the dispatching of advertising material or for direct sales efforts or for market research surveys or marketing communications;
- to lodge a complaint with a competent authority.
The deletion or amendment of the data will take place according to the technically required times for each of the services listed. You may exercise the rights described above by sending a request via registered letter to the following address: Clouditalia Telecomunicazioni Spa a Socio Unico – Via Piero Calamandrei 173 – 52100 Arezzo; or via certified email to email@example.com.
Art. 9 – Information and complaints
9.1 Clouditalia can be contacted at 800-199623 (from a land line), 06-99360363 (from a cell phone) or via email at ETNICOM@clouditalia.com, regarding clarifications or any complaints.
Art. 10 – Applicable law and Jurisdiction
10.1 This contract is governed by Italian law.
10.2 Any dispute regarding the validity, interpretation or execution of this contract will be heard by the authority at the place of residence or domicile of the Consumer, as provided by the Consumer Code. However, if the residence or domicile of the Consumer is located outside the European Union, the Court of Arezzo will have jurisdiction over the aforementioned disputes. Pursuant to article 1341 and 1342 of the Civil Code, the Customer hereby declares to have carefully read and understood all the clauses of the General Conditions of Sale above and specifically accept them.
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