Pursuant to legislative decree no.196 of June 30, 2003 of the Italian Personal Data Protection Code, Neosoft Srl, in its capacity as Data Controller, ensures the compliance with the regulation on personal data protection.
All provided personal data will be used only to build and maintain relationships with the customer based on contractual arrangements and will not be transfered to third parties. Additional data (such as domain names, IP addresses, type of browser) retrieved through our website are used to generate traffic statistics and to monitor the use of the services, and are not accompanied by any additional personal information. Neosoft Srl reserves the right to send to its Customers offers, news and updates through email, within the limitations set forth in the current legislation, without prejudice the Data Subject's right to object the specific processing.
Data are processed only by the Data Processor or other persons in charge of data processing, named by the owner to manage the relationships with the customers. Data dissemination or disclosure to third parties is prohibited.
The data subject has the right to object the data processing at any time or to request the cancellation, rectification or the update of all personal information, by sending an email at: email@example.com
Legislative decree June 30, 2003, no. 196 - Title II: Data Subject's rights
Art. 7. Right to access personal data and other rights
1 A data subject have the right to obtain the confirmation concerning personal data and their communication in intelligible form, even if the specified data are not already recorded.
2. A data subject have the right to be informed:
about the source of the personal data;
of the purposes and methods of the processing;
of the logic applied in case of processing with electronic tools;
of the identification data concerning Data Controller, Data Processors and the designated representative as per Section 5(2);
of the entities or categories of entities to whom the personal data may be communicated or who know about it by being designated (from the managers or persons in charge of the processing), representative in the State’s territory.
3. The data subject have the right to be informed:
of the updating, rectification or the integration of the data;
erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
the certification that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or require a disproportionate effort compared to the protected right.
4. A data subject has the right to object, entirely or partially:
on legitimate reasons, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the data collection;
to the processing of personal data concerning him/her, for the purpose of sending advertising materials, direct selling or for the performance of market or commercial communication surveys.
Art. 8. Exercise of rights
1 The rights referred to in Section 7 may be exercised by making a request to the Data Controller or Processor without formalities, also by the agency of a person in charge of the processing. A suitable response shall provide the request, as soon as possible.
2. The rights referred to in Section 7 may not be exercised by making a request to the Data Controller or Processor, or complaint in pursuance of Section 145, if the personal data are processed:
pursuant to the provisions of decree-law of May 3, 1991 no. 143, as converted, with amendments, into Act of July 1991, no. 197, and subsequently amended, concerning money laundering;
pursuant to the provisions of decree-law of December 31, 1991, no. 419, as converted, with amendments, into Act of February 18, 1992 no. 172, and subsequently amended, concerning support for victims of extortion;
by parliamentary Inquiry Committees set up as per Article 82 of the Constitution;
by a public entity other than a profit-seeking public entity, where this is expressly required by a law for purposes exclusively related to currency and financial policy, the system of payment, control of brokers and credit and financial markets and protection of their stability;
in pursuance of Section 24(1), letter f), as regards the period during which any performance of the investigations by defense counsel or establishment of the legal claim might be prejudiced;
by providers of publicly available electronic communications services in respect of incoming phone calls, unless this may be prejudicial to the performance of the investigations by defense counsel as per Act of December 7, 2000 no. 397;
for reasons of justice, by all judicial authorities, as well as by the Higher Council of the Judiciary or other self-regulatory bodies, or the Ministry of Justice;
in pursuance of Section 53, without prejudice to Act of April 1, 1981 no. 121.
3. In the cases referred to in paragraph 2, letters a), b), d), e) and f), the Garante, also following a report submitted by the data subject, shall act as per Sections 157, 158 and 159; in the cases referred to in letters c), g) and h) of said paragraph, the Garante shall act as per Section 160.
4. Exercise of the rights referred to in Section 7, regardless to data of non-objective character on condition to not concern rectification or additions to personal evaluation data in connection with judgments, opinions and other types of subjective assessment, the specification of policies or decision-making activities by the Data Controller.
Art. 9. Mechanisms to exercise rights
1 The request addressed to the Data Controller or Processor may also be send by registered letter, fax or e-mail. The Garante may found other tools which comply with new technological solutions. If the request is related to exercise of the rights referred to in Section 7(1) and (2), it may also be made verbally; in this case, it will be written down by the person in charge of the processing or by the data processor.
2. The Data Subject may grant, in writing, power of attorney or representation to persons, entities, associations or organizations in connection with exercise of the rights as per Section 7. The Data Subject may also be assisted by a person of his/her choice.
3. The rights as per Section 7, related to the personal data concerning a deceased person, may be exercised by any entity that is interested therein or that acts to protect the data subject or for family protection reasons.
4. The Data Subject’s identity shall be verified on the basis of suitable information, also by available records or documents or by producing or attaching a copy of an identity document. The person acting on instructions from the Data Subject must present or attach a copy of the proxy or the letter of attorney, which should be undersigned by the data subject in the presence of a person in charge of the processing or should be signed and presented along with a copy of a non accredited ID document from the Data Subject. If the Data Subject is a legal person, an institution or association, the request shall be made by the person that is legally authorized in base on the relevant regulations or articles of the association.
5. The request referred to in Section 7(1) and (2) is freely worded without any constraints and may be renewed at intervals of not less than ninety days, unless there are well-grounded reasons.
Art. 10. Response to Data Subjects
1. To guarantee the exercise of the rights referred to in Section 7, Data Controllers shall take suitable measures, in order to:
facilitate the access to personal data by the Data Subjects, even through ad hoc softwares that allows an accurate retrieval of the data concerning identified or identifiable Data Subjects;
to simplify the arrangements and to reduce the time for the responses, regardless also at the public relations departments or offices.
2. The Data Processor or the person(s) in charge of the processing shall be responsible for retrieval of the data, which may be communicated to the requesting part also verbally, or displayed by electronic tools - on condition that the data are easily intelligible, considering the quality and the amount of the information. The data shall be reproduced on paper or magnetic media and transmitted via electronic networks.
3. The response provided to the Data Subject shall include all the personal data concerning him/her that are processed by the Data Controller, unless the request concerns either a specific processing operation or specific personal data or categories of personal data. If the request is made to a health care professional or health care organization, it shall apply Section 84(1).
4. If data retrieval is especially difficult, the response to the Data Subject’s request may also consist in the exposure or the delivery of the copy of records and documents containing the required personal data.
5. The right to obtain the communication of the data in intelligible form does not apply to personal data concerning third parties, unless the resolution of the processed data or the elimination of certain items makes unintelligible the personal information of the Data Subject.
6. Data are communicated in intelligible form also by using legible handwriting. If codes or abbreviations are used, there should be communicated, also through persons in charge, the criterias for understanding their meanings.
7. When it is not confirmed that personal data concerning the Data Subject exists, further to the request as per Section 7(1) and (2), letters a), b) and c), may be charged a not excessive fee compared to the costs incurred for the research made in this case.
8. The payment referred to in paragraph 7 may not exceed the amount specified by the Garante in a generally applicable provision, which may also refer to a sum to be paid in case that the data are processed by electronic means and the response is provided verbally. Through that instrument the Garante may also provide that the payment may be charged when the personal data are on special media whose reproduction is specifically requested, or if a considerable effort is required by one or more data controllers regarding the complexity and/or amount of the requests and the confirmation of the existence of data concerning the Subject.
9. The payment referred to in paragraphs 7 and 8 may also be paid by bank or postal transfer, or by debit or credit card, if possible within fifteen days after receiving the relevant response.
Neosoft supply agreement
The company Neosoft Srl (hereinafter referred to as Neosoft), incorporated under the laws of Italy, headquartered in Genoa, via Casaregis 30, registered with the Company Register of Genoa under no. 398030, Tax code and VAT ID no. 01288440991
- on the one part
The enterprise, company, legal person as indicated in the data entered in the order from (hereinafter referred to as Customer)
- on the other part
Article 1 - Preamble
For the purposes of this agreement, the Customer hereby declares to be aware that:
a) Bancomail, a business unit of Neosoft, the website www.bancomail.com, and the corresponding rights are property of Neosoft; the Bancomail brand and website are exclusive property of Neosoft.
b) for the purposes of this agreement, every document, data, product, transaction -also through the Internet - displaying the name, trade mark, logo or other similar material by Bancomail, fall exclusively within the responsibility and liability of Neosoft, for which they constitute a valid equivalence in all respects without limitations or exclusions, except in the event of unlawful use by unauthorized third parties.
Article 2 - Purpose
The main purpose of this agreement is the trading (both on and off line) of company directories (hereinafter referred to as "Data"). Secondarily, the agreement regards software products and/or consulting services connected or related to the main purpose (hereinafter referred to as "Products"). As for that which is not specifically provided for in the following clauses, the provisions set forth in the Code of Civil Procedure concerning sale and purchase agreements (Articles 1470 and following of the Code of Civil Procedure) shall apply.
Article 3 - Purchaser qualification
The purchaser hereby declares that he/she is entering into this sale and purchase agreement for purposes exclusively connected to his/her activity as en entrepreneur or professional.
Article 4 - Payment terms and conditions
The price for the purchase of Data shall be paid as follows:
a) in case of on-line sale, with a one-off payment upon completion of the agreement via bank transfer, on-line credit card or credit card by phone.
b) in case of off-line sale, unless otherwise specified, with an advanced bank transfer.
c) otherwise, if validated by Neosoft Management by written notification, with deferred methods that may vary according to the order features.
Article 5 - Warranty
a) the accuracy (at the time of the purchase) of the emails from the subject of this agreement. The email addresses that do not work on the first mailing attempt, or in any case within and not later than 60 days of delivery, shall be replaced for free, prior notification by the Customer to Neosoft via registered mail, fax or email. The addresses will be replaced at no charge with other equivalent ones (upon return in electronic format by the Customer to Neosoft to allow to ascertain the fallacy).
b) the lawfulness of Data collection processing.
c) any liability or warranty other than those provided for above is excluded, without prejudice to the limits referred to in Art. 1229 of the Code of Civil Procedure.
Article 6 - Delivery times
Delivery times can change due to the checks that Neosoft carries out on the lists within the 24 hours prior to delivery. Those checks are performed to ensure the validity of the Data provided to the Customer. Neosoft shall not be held accountable for any delay directly or indirectly caused by such checks; nevertheless any such delay is a binding part of this agreement. By signing this agreement, the Customer hereby gives its consent.
Article 7 - After-sale service
Should the Customer need to ask for a copy of the goods purchased, said copy shall be provided by Neosoft free of charge, provided that it is possible to do so in compliance with the provisions, otherwise an additional cost shall be established at the time of the request. The customer has the duty to keep Data and Products safe along with a safety backup.
Article 8 - Use of data. Liability
The use of the Data and/or Products of this agreement is limited only to the activities permitted by the current legislation, in particular by Law 675/96 and following amendments; leg. decree of December 28, 2001, no. 467; leg. decree of June 30, 2003, no. 196;
Should the Data be used for unlawful activities or in a way that is not compliant with the regulation, Neosoft reserves the right to take actions against the Customer and holds itself harmless from any liability towards third parties.
Article 9 - Payments delay
If, for any reason, the payment is not made within the established period (see Art. 3 above) Neosoft shall be entitled to late payment interests at the rate set in Art. 5, leg. decree of 9/10/2002, no. 231.
Article 10 - Obligation to hold harmless
The Customer undertakes to compensate, indemnify and/or hold harmless Neosoft, as well as its employees, collaborators, and legal representatives in any capacity, should claims for compensation and/or legal actions be taken against Neosoft before any court due to an unlawful use of the Data or any use that is not compliant with Bancomail policies*.
Article 11 - Processing of personal data - Law no. 196/03
To the extent necessary, since under the current legislation the definition of “personal data” relates exclusively to natural persons, the Customer agrees that Neosoft Srl will provide for the data processing in accordance with current legislation and, as referred on the Privacy disclosure pursuant to Art 13 the of the Italian Privacy Code, with no need to acquire the Customers' express consent (in accordance with Art. 13 the Italian Privacy Code) because, inter alia, the treatment of such data is necessary to implement a contract, which Customer is a part of, exclusively to carry out the listed services, including fiscal and tax obligations and service communications. The data provision is mandatory to allow the fulfillment of the legal obligations. Neosoft authorizes the same treatment of its data by the Customer.
Article 12 - Claims
Upon delivery of the Products and/or Data, the Customer shall immediately verify the conditions and conformity thereof.
Any faults and defects shall be reported to Neosoft within and not later than seven days of detecting them, otherwise any rights connected to them shall automatically become invalid. The Customer shall agree to any checks to be carried out on the complaints. To be more precise, Data must be provided in the same format used to deliver them and possibly reported on the same document the customer received from Neosoft.
Article 13 - Transferability
Neosoft can transfer to third parties all or part of the rights and obligations undertaken pursuant to this supply agreement.
Neosoft reserves the right to verify the methods of transfer of the products and/or services to third parties and can stop it if necessary.
Article 14 - Applicable law. Competent court
This agreement is regulated by the laws of Italy. The Court of Genoa shall have exclusive jurisdiction over any disputes arising out of or in connection with the interpretation, implementation or resolution of this agreement.
Article 15 - Miscellaneous provisions
These provisions replace any previous agreement concerning the supply of data, products and services specified in the Purpose (see Art. 2 above) by Neosoft. Any change and/or integration to these provisions shall be registered in a written agreement signed by both parties.
* can be viewed at the web page: https://www.bancomail.com/resources/email-marketing-rules