GENERAL CONDITIONS OF USE AND SERVICE

www.valsambro.it

INFORMATION  PURSUANT TO ART. 13 OF REG. EU No. 2016/679

PREMISE

The website www.valsambro.it and its applications were created by LABORATORIO VAL SAMBRO S.R.L. (hereinafter also “Laboratory” or “Company”), which is the only registrant and therefore the holder of rights. By visiting the portal or using the services connected to the Site, the visitor and the user are required to respect the conditions of use.

This User Agreement (hereinafter the “Agreement”) establishes the Conditions of Use of the website: www.valsambro.it (hereinafter also the “Site” or “Portal”), governing the operation of the Portal, access and user registration.

The Contract also refers to the relations between the company LABORATORIO VAL SAMBRO S.R.L., with headquarters in via Cairoli n. 2, 40121 – Bologna P.Iva 01546951201- REA BOLOGNA 344234, Tel: 051.240218 Fax: 051.241330 – valsambro@valsambro.it  and all those who access the Site, as simple visitors or as registered users, as well as the use of the services offered by the same Company through the Portal. By accessing the site, the user declares to have read and read these rules which are therefore accepted and observed as they govern the use and navigation of the site.

This Premise is an integral part of these terms of use.

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Art. 1 – DEFINITIONS

“LABORATORY” or “Company” means the company providing the Services offered through the website.

“Site” means the Internet site, with all its contents and applications, registered, commissioned and belonging to LABORATORIO VAL SAMBRO S.R.L. and relating to the domain-name “www.valsambro.it”, assigned to it, through which the services will be provided to Users.

“Visitor” means the one who visits the Internet site or more pages of the same without carrying out any registration operation, nor adhesion to the Services rendered by the Laboratory. The use of the contents of the site is limited to the consultation of the public areas, directly accessible with the connection to the web by each browsing user.

“Registered User” means the user of the Portal, i.e. the one who, having completed the appropriate registration, can access all the contents of the Site aimed at this category, as well as have access to the services offered by the Laboratory, through the Site “www .valsambro.it” (e.g.: newsletter, online booking of exams, online transmission of health documents in a restricted area, e-commerce of home diagnostic test kits, etc.)

Art. 2 – SUBJECT

Through the website, the Laboratory promotes and offers access to the provision of health services which are the object of its activity.

It is in the Laboratory’s interest not only to increase the number of Users, since this is functional to the better functioning of the site, but also to create a large number of users who have the opportunity to obtain information from the site as a privileged communication channel, but also to be able to access health services, through the performance of online activities and actions in compliance with EU Regulation 2016/679 or RGDP and in compliance with adequate security measures, thus guaranteeing the Laboratory the widest and greatest protection of personal data and privacy of the individual user who accesses the use of health services in this way.

Art. 3 – CONNECTION TO THE SITE

The Portal is an online site accessible via the Internet.

Furthermore, the Laboratory assumes no responsibility in the event of interruptions, errors or malfunctions due to the Internet connection.

The use of an Internet connection system takes place under the sole and entire responsibility of the Visitor/User. The Laboratory, in fact, will not be responsible for any use of connection systems in violation of the rights granted to their respective owners.

The costs of telephone communications for connection to the Internet and, therefore, also to the Site, are the sole responsibility of the Visitor or User.

The costs relating to the tools that allow access to the Internet (such as, by way of example and not limited to, the computer and the modem) are also borne by the Visitor or User.

Art. 4 – VISITOR, REGISTERED USER

There are two ways to use the Portal: as a “Visitor” and as a “Registered User”.

The simple Visitor has the possibility to visit only the home page of the Site and part of the contents chosen at the discretion of the Laboratory. The Registered User, on the other hand, accesses all sections of the Site and all its contents in the manner indicated therein, except for specific restrictions.

The Registered User can therefore choose whether to access the services aimed at this particular type of User.

To become a Registered User and access the Website’s booking or data or health document transmission services, the simple Visitor must complete the registration procedure (link), by means of the guided creation of a “User Profile” or by transferring files with the sending of data that will be intelligible by the registered User only subsequently, by sending a password to the latter which will thus decode the contents of the file to the End User who is the recipient of the transfer, to whom otherwise it would remain inaccessible. The simple Visitor becomes a Registered User when he completes the registration procedure referred to in the following article, possible exclusively online, by entering his personal data requested, directly on the Site.

To this end, the Visitor must:

–         access the Portal and click on “Book/buy exams online”;

–         duly complete in all its parts the data collection form marked with an asterisk;

–         accept this Agreement;

–         express your consent to the processing of personal and particular data (Article 13 of EU Regulation 2016/679);

The Laboratory specifies that registration is free.

After completing the data collection form, the Registered User will be able to:

–         use the services provided by the Laboratory in the “Registered Users” category;

–         access all the related contents;

–         receive any information relating to the functioning of the Site;

–         receive information and commercial communications by e-mail and/or on paper, only if you expressly give your consent to receive them (Privacy Policy, information for newsletters).

The User will be able to receive his reports through the “WeTransfer” area, having given his consent to this treatment with the information (link), followed by the communication of a code that makes the file intelligible to the User, previously sent.

Art. 5 – REGISTRATION

Registration on the Site begins on the date of full acceptance of this Agreement by the User, who will complete the online form (Insert Link) and, after reading the relevant information (Insert Link), will give his consent to the processing of data , thus recognizing the right in favor of the Company to use them, exclusively in the manner and for the purposes specified therein. Membership will have a duration of one year from acceptance and will be tacitly renewed from year to year.

Art. 6 – OBLIGATIONS OF THE REGISTERED USER

Following registration, the Registered User is obliged to notify the Laboratory of any changes to the personal data that he has entered in the information contained in his User Profile.

By signing this regulation, the Registered User undertakes to:

–         respect the general principles of the legal system, the rules of public order and morality;

–         not to use the site for purposes contrary to the laws in force, to this regulation or contrary to the interests and rights of other users, of the company;

–         not to use the site for fraudulent purposes;

–         not to access the site for the purpose of stealing data and news pertaining to other Users/registered Users;

–         not to use the site to transmit spam, viruses, trojans, etc., or other similar programs;

–         promptly inform the company of the initiation or threat of initiation of legal action of any kind by itself and/or third parties, in relation to the use of the site;

–         hold the company harmless and harmless from any compensatory consequence deriving from a violation by the User of the law or the conditions of this contract;

–         avoid performing a double registration for the same account;

–         respect the rules on copyright, in accordance with current legislation.

Finally, the Registered User of the Site is absolutely prohibited from transferring or selling this Contract, as well as the rights descending from it, to third parties.

Art. 7 – RELIABILITY OF THE INFORMATION RELEASED

The Registered User certifies, under his own responsibility, that the information provided on the Site is true.

The mobile number or other telephone number, provided during registration, is expressly declared as a personal number, corresponding therefore to the Registered User and not to third parties.

Failure to update the information or communication of data that does not correspond to the truth may constitute just cause for interruption of the registration procedure by the company or for withdrawal from this contract.

The Laboratory reserves the right to carry out a quarterly check of the information present on the Site, being able to exclude any Registered Users in the event of untrue, offensive or contrary to the law statements, or even for incorrect, non-compliant, or contrary to this regulation conduct to the law.

Art. 8 – SITE CONTENTS

The contents of the “www.valsambro.it” site are intended for personal and non-professional use by the User.

All materials published on the Site (hereinafter “Contents”), in particular those of a scientific or medical nature such as, by way of example but not limited to, photographs, illustrations, audio and video recordings, publications of various kinds, etc., are protected by the laws on copyright and are the property of the Author, i.e. of the Val Sambro Laboratory or of whoever legitimately disposes of the relative rights. The User is required to comply with any additional indications that may be present on the Site in relation to the intellectual property of the contents accessed.

The services of the Site and its contents are protected by the copyright laws in force in Italy and by international copyright laws. The User is not authorized to modify, publish, transmit, share, assign in any way, reproduce (beyond the limits specified below), rework, distribute, perform, give access or commercially exploit in any way the contents or services (including the software) of this site, even partially.

The reproduction and collection of any content for reasons other than personal use is expressly prohibited.

In relation to the contents coming from press agencies or from other sites and possibly published on the site, the Laboratory, having previously communicated to the owner the publication of the content, assumes no responsibility for incompleteness, inaccuracies, errors, omissions with respect to the integrity of the information and is not liable for any consequential damages.

Art. 9 – INTELLECTUAL PROPERTY RIGHTS

The contents such as, by way of example but not limited to, the images, photographs, videos, documents, any drawings, figures, logos and any other material, in any format, published on the site, including the menus, pages web, the graphics, colors, schemes, tools, fonts and design of the website, the diagrams, methods, processes, functions and software, which are part of it, are protected by copyright and any other intellectual property right of LABORATORIO VAL SAMBRO S.R.L. and other rights holders.

Reproduction, in whole or in part, in any form, of the site and its contents is prohibited.

The Company has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent, even partial, reproduction of the contents of the Site.

The Registered User is only authorized to view the website and its contents, as well as all other temporary acts of reproduction, with no economic significance of their own, which are considered transient or accessory, an integral and essential part of the same viewing of the site.

Art. 10 – TRADEMARKS AND DOMAIN NAMES

VAL SAMBRO LABORATORY S.R.L. is the exclusive owner of any registered logos and trademarks and any other distinctive sign that includes the word “LABORATORIO VAL SAMBRO S.R.L.”, including the domain name ““www.valsambro.it””

The Laboratory and all the other owners of all registered trademarks published on the site have the right to make exclusive use of the trademarks of their respective ownership.

The Registered User is in no way authorized, except with the express consent of the Laboratory and of any other owner of registered trademarks, published on the site, to use said trademarks to distinguish products or services, even if not similar to those of “www.valsambro .it” or other trademark owners.

The Laboratory reserves the right to inhibit the unlawful use of the aforementioned trademarks and names as well as to appeal to the competent judicial authorities in order to request compensation for damages suffered, not only for unlawful use of the trademark, but also for acts of unfair online competition.

Art. 11 – WARNING ON THE CONTENTS

The Laboratory has taken every precaution to prevent content from being published on the Site which describes or represents scenes or situations of physical or psychological violence or which, according to the sensitivity of the users of the Portal, may be considered harmful to civil beliefs, human rights and of human dignity, in all its forms and expressions.

However, the Laboratory does not assume any responsibility towards Visitors/Users regarding the accuracy and completeness of the contents published on its website.

The Laboratory has adopted adequate technical and organizational measures to safeguard the security of its services on the “www.valsambro.it” site, the integrity of data relating to traffic and electronic communications with respect to unauthorized forms of use or knowledge as well as for avoid risks of dispersion, destruction and loss of data and confidential and non-confidential information relating to its users, present on the site, or of unauthorized access, or access not in compliance with the law, to the data and information themselves (so-called Technical and organizational security measures, pursuant to article 32 of the GDPR 2016/679).

Art. 12 – SERVICE COSTS AND PAYMENTS

The services of the Site are free.

Art. 13 – RESPONSIBILITY OF THE LABORATORY

The Registered User expressly acknowledges that the Laboratory will not be in any way responsible if third parties illegally access the data held by the Laboratory, in fraud of the security systems set up by the same. This is without prejudice to the possibility that access occurs due to a serious breach by the Laboratory.

Nor will any contractual and extra-contractual liability be attributable to the Laboratory if the circumstance that caused the harmful event, or the Company’s default, was determined by a fortuitous event or due to force majeure such as, by way of example but not limited to , natural events, wars, insurrections, riots, terrorist acts, strikes, floods, earthquakes, floods, fires.

Furthermore, the Laboratory will not be held liable for any damages suffered by the Visitor/Registered User, deriving from acts and/or omissions attributable to telecommunications service providers or Internet services, or from any defects in the equipment or services rendered by them.

The Laboratory will not be held responsible for the possible impossibility of the Visitor/Registered User to use the Portal, if it is caused by incompatibility between the Visitor/Registered User’s software and that of the Company, in the event of direct telematic connections or other type, or deriving from a defect in the hardware, software or other equipment used by the Visitor/Registered User to access the site.

Without prejudice to the rights of Registered Users, described in these general conditions of use of specific services, to which reference is made in full, the Laboratory maintains the right to:

–  modify the technical specifications of the site;

–  interrupt the operation of the site for technical reasons;

– modify, suspend, even partially interrupt the services, including accessibility to the database or contents;

– introduce access or service restrictions, in whole or in part, without notice and without assuming responsibility for such service restriction;

– provide Registered Users with all the instructions it deems appropriate for the proper functioning, security or quality of the site itself.

The Laboratory declines any responsibility regarding the information present on the site and entered by the Users, who guarantee its accuracy and truthfulness under their own responsibility.

The User declares, guarantees and takes every precaution to ensure that the contents are sent by adults. For minors, the materials must be examined and authorized by the parental authority.

Consequently, the User will indemnify the owner of the site and all subjects related to them, from and against any liability and prejudicial consequence, including, without exception, the legal expenses defined on the basis of the professional rate incurred by the Laboratory as a result of legal actions deriving from the violation by the User of these obligations in relation to the abuse by himself or by third parties of his account in violation of the guarantees provided for in this article.

The User is in any case required to provide all collaboration to the publisher and to the Company of the site to correctly protect their rights in relation to such legal actions. The Laboratory reserves the right to protect itself autonomously by defending itself in court, at its own expense, without prejudice to the right to compensation paid by the User.

Art. 14 – TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE

Pursuant to art. 1456 of the Civil Code, it is expressly agreed that the contract will be terminated automatically in the event of non-fulfillment of even one obligation among those contained in this contractual agreement.

Art. 15 – MODIFICATION OF THE CONDITIONS OF USE

The Laboratory reserves the right to make changes to these Terms of Use at any time, bringing them to the attention of interested parties by publishing the changes on the website “www.valsambro.it” and/or by e-mail. The Terms of Use, as modified, will be applicable from the moment of publication.

The Registered User is required to periodically check these Terms of Use, by accessing the site, to ascertain any changes made. In any case, the use of the site and its services implies acceptance of the changes that have occurred in the meantime.

If the changes are not accepted, the User can cancel his registration by sending an email to the following address valsambro@valsambro.it, it being understood that, as mentioned, the continuation of the use of the services, following the changes that have occurred and been disclosed by the Laboratory, will have the value of acceptance of the new conditions.

Art. 16 – COMMUNICATIONS

The communications are considered valid only if made: by land mail, at the registered office of Laboratorio Val Sambro S.R.L., with headquarters in via Cairoli n. 2, 40121 – Bologna VAT number 01546951201 – REA BOLOGNA 344234, Tel: 051.240218 Fax: 051.241330 – valsambro@valsambro.it

Article 17 – PRIVACY POLICY

By adhering to this contract, each Registered User is subject to the application of the Privacy Policy (Insert Link) adopted by the Laboratory for the Site and published therein.

The Privacy Policy of the Site is the document in which the purposes and methods with which the Laboratory collects and uses personal data and/or particular data, which the Registered User has knowingly provided to it, are promptly indicated.

The Laboratory grants the Visitor the right to register, sometimes collecting and storing his data, processing the personal and/or sensitive data resulting from the registration itself, in full compliance with the current legislation on “Privacy”, as well as communicating them, in all or in part, to the other subjects involved in the site, being expressly authorized at the time of data collection by the Registered User, who will have read and accepted the conditions described in the site’s Privacy Policy.

Art. 18 – REFERENCE TO THE LAW AND JURISDICTION

For anything not provided for in this Agreement, the Parties refer to the articles of the Italian Civil Code and to the specific legislation in force on the matter.

This Agreement and the use of the Services offered by the Portal and the Laboratory will be governed exclusively by Italian law. Should any dispute arise regarding the interpretation and execution of this contract, the competent court will be the Court of Bologna.

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