REPLACEMENT DECLARATION FOR THE NOTARY DEED
The undersigned Marco Gallarati, as legal representative of the company Venpay Spa, with registered office in Via don Minzoni 16, 20056, Trezzo sull'Adda (MI), VAT No. 03731050161, Rea MI-2526119
that Venpay Spa intends to carry out the "CCOFFEE PROMOTIONS, CCAP" prize promotion according to the procedures contained in the related Rules.
RULES FOR "COFFEE CAPP PROMOTION" PROMOTIONS
The following rules apply to the "COFFEE CAPP PROMOTIONS" (hereinafter "the prize promotions" or "the events") called by "Venpay Spa" with registered office at Via Artigianato, 25, 24068, Seriate (BG), VAT No. 03731050161 REA Bergamo 403446 (hereinafter also "the promoter company") and reserved for customers and users of the "Coffee cApp" mobile telephone application, who participate in the event by purchasing, from any authorized vendor of the company Venpay Spa , and exclusively through the aforesaid app, the products specifically indicated in Section 5 "AWARD OPERATIONS" of these rules.
Wallet: the area within the Coffee cApp application where the users can view their balances.
2. TERRITORIAL SCOPE AND DURATION
The "COFFEE CAPP PROMOTIONS" Operation is valid throughout Italy, from 1 January 2018 to 31 December 2018, from 7.00 am to 9.00 pm on every day of the event. Every single promotion can be activated via vending machines, and, for the period of time indicated on the appropriate communications, displayed on machines selling the item being promoted, and/or communicated via the mobile app to users who the same vending machines serve.
All customers and users of the Coffee cApp application for mobile devices who purchase the products specifically listed in Section 5 "PRIZE PROMOTIONS" of these rules using the aforementioned app, from any automatic vending machine operated by one of the companies contracted by Venpay Spa for use of the coffee cApp payment app.
4. SUBSCRIBING TO "COFFEE CAPP PROMOTIONS"
Subscriptions to prize events performed using the Coffee cApp application, will only be activated at the distributors of promoting companies where information relating to active promotions is displayed. This is performed at the same time as the products specifically listed in Section 5 "EVENT AWARDS" of these rules are purchased.
5. PRIZES FOR EVENTS
The prizes for events that can be activated and promoted by distributors, are listed in the seven (7) promotions set up by the promoting company, which are listed below:
• Promotion 1: BREAKFASTAPP WITH US
Whenever you buy a hot drink and a brioche of your choice using the Coffee cApp app, we’ll refund 15% of the value of your purchase to your wallet
• Promotion 2: SNACKAPP WITH US
Whenever you buy a bottle of water of your choice along with a pack of Hit Balsen biscuits using the Coffee cApp application, we'll refund 15% of the value of your purchase to your wallet
• Promotion 3: SNACKAPP WITH US
When you buy a bottle of water of your choice together with a pack of Crostini San Damiani using the Coffee cApp application, we’ll refund 15% of the value of your purchase to your wallet
• Promotion 4: THE THIRD OF THE DAY
On the third daily purchase of any product from our distributors for mixed products using the dedicated Coffee cApp application, we’ll refund 20% of the value of your purchase to your wallet
• Promotion 5: DELICIOUS FIESTA
Whenever you buy a product chosen from a Fiesta Ferrero or a Kinder Delice using the Coffee cApp application, we’ll refund 20% of the value of your purchase to your wallet
• Promotion 6: COCA COLA REFRESHES YOU
Whenever you buy a drink of Coca Cola (of any format) using the Coffee cApp application, we’ll refund 20% of the value of your purchase to your wallet
• Promotion 7: MARS COMBO
Whenever you buy a pack of M&M's or a TWIX + a bottle of water through the Coffee cApp application, we’ll refund a € 0.15 credit to your wallet
NOTE: The money credited back to the user's wallet is only called a refund as it relates to the expenditure made and, as for the sums deposited, these can’t be withdrawn, just used to make further purchases at vending machines that allow use of coffee cApp.
NOTE: Crediting of the percentage reimbursement is immediately consequential to purchasing the product that forms the subject of the promotion.
NOTE: The actual balance can be viewed in the "wallet" and "history" sections of personal accounts for the Coffee cApp application.
6. PUBLICITY FOR EVENTS
Publicity for the events will be strictly compliant with these rules, and conducted by direct communications to users, or inserted into the pages of coffecapp.it websites, as well as on the websites or respective Facebook pages of companies that manage the vending machines.
7. DEPOSIT AND METHOD FOR VIEWING THE RULES
These rules, with an authenticated signature, have been deposited at the registered office of Venpay SPA and are available at all times on the pages of the coffee cApp.it website.
8. MODIFICATIONS TO THE RULES
"Venpay SpA" reserves the right to modify these rules, including the methods of participating in prize promotions, if the following events occur: by order of the administrative Authorities; because of significant changes in market conditions or, in any event, if there is a proven need due to business requirements or for event management purposes. All amendments to these rules will be promptly and adequately communicated, and will never be unfavourable.
Information about the processing of personal data is the same that the customer, who is taking part in the prize events, signs during the registration stage for their Coffee cApp account application, namely the following:
"Pursuant to and for the purposes of Legislative Decree 30 June 2003, No. 196 (Code for the protection of personal data), we hereby inform you that personal data voluntarily made available to Venpay SpA (hereinafter called the "Company"), by the client who owns the application, will be processed in compliance with current legislation on the protection of personal data and, in all cases, with the principles of confidentiality that inspire the Company's activities.
1. Purposes of the processing
Personal data made available to the Company by customers will only be used:
(a) for providing, for the sale of products present in automatic vending machines or vending machines owned by distributors, the payment service known as the "Coffee cApp" service;
(b) for sending information and promotional communications, including of a business nature, advertising materials and/or offers of goods and/or services, by any means (known and unknown), including, by way of example, snail mail, the Internet, telephone, e-mail, MMS or SMS, from the Company or its parent companies, subsidiaries and/or affiliates, as well as from individuals or legal entities who are contractually bound to the Company and/or that collaborate in the Company’s business activities through the use of the Application;
(c) for preparing and completing statistical and market studies and research, for analysing consumer preferences, habits, requirements and choices, as well as for assessing the level of customer satisfaction with the quality of the products and the services offered by the Company.
2. The processed data
In addition to personal details, the Company may also process the following data:
(i) mobile phone numbers;
(ii) e-mail address;
The data referred to previously in points (i) and (ii) can only be processed by the Company without acquiring your prior consent for the purposes referred to in paragraph 1 (a) and to improve and more effectively manage the service.
3. Methods of processing
In view of the stated purposes, the processing of personal data will be carried out using suitable printed and/or electronic means, with methods that are strictly related to these purposes and which are, in all cases, capable of ensuring the security, privacy and confidentiality of your data.
4. Provision of data and consequences of refusal The provision of personal data is optional. A refusal or the provision of incorrect and/or incomplete information may prevent the following:
(i) provision of the payment service for the sale of products, known as the "coffee cApp" service, pursuant to paragraph 1 (a);
(ii) the sending of information and promotional communications, including for business purposes, advertising materials and/or offers of goods and/or services by any means, pursuant to paragraph 1 (b);
(iii) the preparation and completion of statistical and market studies and research, the analysis of consumer preferences, habits, requirements and choices, as well as assessments of the level of customer satisfaction with the quality of products and services offered by the Company.
The activities referred to in paragraph 1 (b) and (c) may only be carried out after obtaining explicit, free and specific consent, granted for each of the processing purposes.
5. Data communications
People who may gain knowledge of your personal data include shareholders, members of the Board of Directors or other administrative bodies and, in all cases, Data Processors - internal and/or external - appointed by the Company, and personnel who are assigned to data processing by the Company as part of their duties. Your personal data may be communicated to (a) anyone who provides the Company with support and services connected with the above purposes, including, but not limited to, parent companies, subsidiaries, subsidiaries and/or affiliates, individuals, agencies and/or companies that manage and/or participate in the management and/or maintenance of websites and electronic and/or telematics tools used by the Company; (b) companies that own and/or operate vending machines; (c) suppliers, contractors, sub-contractors, banks and/or insurance companies or, more generally, other individuals and/or entities who are engaged in (on behalf of the Company or independently) the activities referred to in paragraph 1 above, or activities connected or instrumental to them; (d) consultants who assist the Company in various capacities, especially in regard to legal, tax, insurance, accountancy or organisational matters; (e) any other person to whom the information must be disclosed in accordance with an express provision of the law.
6. Dissemination of data
Your personal data will not be disseminated.
7. Rights of data subjects
With regard to the aforementioned processing, data subjects can exercise their rights under Art. 7 of Italian Legislative Decree no. 196 of 30 June 2003, which, for convenience, we have transcribed in full:
Legislative Decree no. 196 of 30 June 2003
Art. 7 - RIGHT TO ACCESS PERSONAL DATA AND OTHER RIGHTS
1. The data subject is entitled to receive confirmation of the existence of his/her personal data, even if not yet registered, and communication of the same to him/her in an intelligible manner.
2. The data subject has the right to be informed about:
a) the origins of personal data;
b) the purposes and methods of processing;
c) the software applied if the data is processed electronically;
d) the details identifying the Data Controller, the Data Processors and the designated representatives pursuant to Art. 5, paragraph 2;
e) the subjects or categories of parties to whom the personal data may be communicated, or who could learn about it as appointed representatives in territory of the State, as managers or other persons in charge.
3. The data subject has the right to obtain:
a) the updating, amendment, or, where he/she has an interest in it, the integrations of data;
b) the deletion, anonymization or blocking of unlawfully processed data, including data that does not need to be retained for the purposes for which it was collected or subsequently processed;
c) confirmation that those to whom the data is communicated or disclosed are notified of the actions referred to under points (a) and (b), including their content, unless the fulfilment thereof proves impossible or involves using methods that are clearly disproportionate to the right being protected.
4. The data subject is entitled to object to the following, either in whole or in part:
a) for legal reasons, the processing of his/her personal data, even if the data is relevant to the purpose of their collection;
b) the processing of their personal data for the purpose of sending advertising material or for direct sales, or for conducting market research or commercial communications.
8. Data Controller and Data Processor
The Data Controller is Venpay S.p.a., with registered office and operational headquarters at Via dell’Artigianato 25, 24068 Seriate (BG). The Data Processor is Your Voice S.p.A., domiciled for this purpose at Venpay S.p.a., Via dell’Artigianato 25, 24068 Seriate (BG). Any request concerning personal data processed by Venpay S.p.a. can therefore be sent by post to the Data Processor at Venpay S.p.a., or by sending an e-mail to firstname.lastname@example.org. An updated list of the individuals in charge of processing is available from the Company, and can be obtained through a specific request made in the way described above.
The Data Controller is Venpay Spa, with registered office in Via Artigianato, 25, 24068, Seriate (BG), VAT No. 03731050161 REA Bergamo 403446. For any information or request, the participating customer can contact the promoting company using the freephone number 800.80.12.13 or by writing to the e-mail address: email@example.com.
1.1 These General Terms and Conditions (the " General Terms and Conditions") govern: (a) the performance of the Services, as defined below, by Venpay S.p.A. ("VENPAY") for the Customer, as well as (b) the use of the Application by the Customer, in the case in which this has been downloaded by the Customer (the so-called "native" app ), or in the case in which it is used directly from the web (the so-called "web-app"), or through third-party apps that use the Coffee cApp infrastructure.
1.2 Any provision of Services, as defined below, carried out on behalf of a Customer, as well as the use of the Application by the Customer, shall be regulated not only by these General Terms and Conditions but also, where applicable, by Legislative Decree No. 70 of 9 April 2003 (the "Electronic Commerce Code ") and the provisions of Legislative Decree No. 206 of 6 September 2005 ( "the Consumer Code"), in this latter case, if the Customer is acting as a "Consumer" within the meaning of the Consumer Code - in particular Section II, Art. 49 et seq., on the subject of distance contracts.
2.1 The General Term and Conditions contain the terms and conditions governing:
(1) the supply by VENPAY to the Customer of a service (so-called Coffee cApp) of (a) support for the payment for products present in vending machines , or (b) top-up of credits on "private keys" of the manager used for payment for products present in vending machines, or again (c) top-up of credits on your own "virtual purse" within the payment application, usable for the payment for the range of products present in vending machines associated with the VENPAY circuit and "affiliated" with Coffee cApp, all as better identified and described at the link http://www.coffeecapp.it, through one or more remote communication techniques and, in particular, through the Application (hereinafter referred to as the “Service” o il “Coffee cApp service ”);
(2) the downloading of and the licence to use the Application by the Customer, as well as the use of the features offered by the Application itself.
2.2 Solely for the sake of completeness, the payment and/or top-up is based on tools that can only be used subject to a commercial agreement with VENPAY and for a limited range of goods or services, available and/or usable in “affiliated” vending machines operated by VENPAY in which the Coffee cApp Service is operating (a so-called limited network).
The Service includes, among other things, the provision and maintenance of the terminals and devices installed in the vending machines, as well as the Application, both of which are necessary for the provision of the payment services described above.
2.3 The use of the Service is reserved for individuals who have completed at least 16 (sixteen) years of age (hereinafter the "Customer"), who have successfully completed the registration procedure for the Service through the application itself, after downloading and installing on smartphone/tablet devices that are compatible with the software that allows the use of the Service and access to the related features by the Customer; this software, hereinafter also called the "Application" and/or "App") is available through the main online app stores (Play Store, Apple Store and Microsoft Store).
2.4 Use of the Service is subject to prior registration completed with a positive outcome by the Customer, pursuant to the following paragraph 3.1 and - with regard to the national and EU legislation on the Protection of Personal Data (the so-called GDPR) fully effective from 25 May 2018 - to the express consent of the Customer pursuant to the following Article 5 and implies full knowledge and acceptance of these General Conditions. Customers are therefore advised to read and approve the General Terms and Conditions carefully, which can be viewed during the registration process through pop-ups or hypertext links, and, in any case, before using the Service.
3.1 In order to use the Coffee cApp Service, the Customer must download the Application through the main app stores (Play Store, Apple Store and Microsoft Store) and register in accordance with paragraph 3.2 below.
3.2 To complete the registration and make the Service active, the Customer must enter all the data required by the fields marked as required any exception, as indicated below: mobile number, password , e-mail address, first name and surname.
3.3 If the Customer wishes to make use of the top-up function of the virtual purse or of the Manager's private key using a credit/debit card, they may insert their credit/debit card details in order to proceed with the payment, as required in the appropriate section of the App.
3.5 The Customer is responsible for:
(i) the truthfulness of the information and data provided during registration and must declare that they are the holder of the credit/debit card used for the payment of goods and/or the Service;
(ii) the preservation, security and appropriate use of their account and chosen password, and must take all necessary measures to ensure that these are properly used and that the password is kept confidential and not disclosed to any unauthorised person.
3.6 The Customer is responsible for any activity that is performed by means of their own account even if it is used by third parties. VENPAY declines any responsibility for damages arising to the Customer from acts of computer piracy, misappropriation or improper use by third parties of the data provided by the Customer during registration.
3.7 In the event of theft or loss of their mobile phone or access credentials, the Customer agrees to remove the credit/debit card details from their Coffee cApp account immediately, to inform VENPAY and to change their password.
3.8 If a Customer forgets or loses their password, they should contact VENPAY, using the links provided on the Application, and go through the required security checks.
3.9 The Customer must promptly inform VENPAY of changes to their mobile phone number, which is used as an access credential on the Application.
4. Information for conclusion of the contract
4.1 The Electronic Commerce Code requires each provider of goods and/or services to provide customers with specific information on the steps for conclusion of a distance contract. VENPAY complies with these information requirements for Customers.
4.2 The various steps necessary to conclude the contract can be summarized as follows:
(1) registration, performed the first time only, in accordance with Article 3 above; and
(2) consent by the Customer to conclusion of the contract, given in the terms and ways described in Article 5 below.
5. Conclusion of the contract
5.1 The Customer's consent to conclusion of the contract with VENPAY, during registration or when downloading the Application, is a necessary condition for the proper execution of the Service and for use of the Application. Without consent, the Customer cannot receive the Service from VENPAY or use the Application. The Customer gives consent to VENPAY for execution of the Service by clicking on the "accept the General Terms and Conditions" button which appears on the Application at the end of the registration procedure.
5.2 VENPAY shall acknowledge receipt of consent to the execution of the Service by sending an e-mail to the e-mail address provided by the Customer during registration, as set out in the previous Article 3, containing a summary of the General Terms and Conditions, in compliance with the applicable regulations,
6. Duration of the contract - Customer's right of withdrawal
6.1 The contract will take effect from the date of acceptance, also by electronic means, by the Customer and will have an indefinite duration.
6.2 The Customer may deactivate their own account and thereby withdraw from the contract with VENPAY governed by these General Terms and Conditions at any time, with no further amount due to VENPAY, as follows:
1) by sending a communication via e-mail to coffeecApp@venpay.it;
2) by sending a written communication to VENPAY to the address indicated in Article 15;
3) by uninstalling the Application following the instructions contained in the Application menu.
7. Methods of payment for products or credits purchased through the Service
7.1 The provision of the Service by VENPAY to the Customer, as well as the downloading and use of the Application by the Customer, is free of charge and, therefore, no fee is due from the Customer to VENPAY.
7.2 Any contract concerning the purchase by the Customer of products of any kind, even through the use of the Service, is to be understood as being concluded directly and exclusively between the Customer and the management company which is part of the Coffee cApp payment system (hereinafter also referred to as the "Seller"). In accordance with the above, the Seller/Manager shall have sole responsibility for determining and indicating the prices for the products sold to the Customer, for carrying out the sale of the products as well as, in general, for indicating the characteristics of the products involved in the sale.
7.3 Notwithstanding the foregoing, the charge of any amount due by the Customer to Seller/Manager in relation to contracts concluded pursuant to Article 6.2 above and for which the Service is used, or the charge for the top-ups purchased by the Customer, if not carried out by the Customer in cash directly from the Seller/Manager's vending machine, will be made directly on the credit/debit card whose details have been communicated during registration. For the sake of clarity, the related payment services (i.e. a debit on the Customer's credit/debit card) are provided by an authorised bank that is also designated by VENPAY from time time (the "Payment Service Provider").
7.4 In accordance with Article 3, paragraph 4, of Legislative Decree No. 11 of 27 January 2010, VENPAY or the Payment Service Provider will not impose on the Customer - acting in their capacity as a "Consumer" within the meaning of the Consumer Code - any charges for the use of specific payment tools, or fees that exceed those actually incurred.
7.5 In addition to the above, with the acceptance of the General Terms and Conditions, the Customer thereby authorises the Payment Service Provider to debit the credit/debit card provided during activation of the Service with the payment for the product and/or credit topped up on the Manager's private key and/or also on their “virtual wallet” used by the Application.
7.6 Once the purchase of each individual product is completed, or the private key or virtual wallet has been topped up using the Service, the Customer can no longer obtain a refund of these amounts paid through VENPAY. For any disputes or problems, including those due to a disputed debit or failed credit, the Customer must contact VENPAY at: coffeecApp@venpay.it.
7.7 Once the purchase of each individual product is completed, or the private key or virtual wallet has been topped up using the Service, the Customer can no longer obtain a refund of these amounts paid through VENPAY. For any disputes or problems, including those due to a disputed debit or failed credit, the Customer must contact VENPAY at: coffeecApp@venpay.it.
7.8 VENPAY declines any responsibility if a payment cannot be made or completed due to technical problems (including cellular data network coverage, firewalls on LAN or WAN networks, etc.), or due to suspension of service, for any reason, by third-party data transmission infrastructure managers, or for problems related to the credit/debit card and/or the Payment Service Provider.
8. Use of Coffee cAppp
8.1 The Application (including its software) is licensed (not sold) to the Customer by VENPAY and can only be used within the limits indicated by these General Terms and Conditions (and, in any case, only for the purpose of using the Service); VENPAY reserves all rights not expressly granted under these General Terms and Conditions. In particular, VENPAY grants the Customer a free, non-exclusive and non-transferable licence for their use of the Application.
8.2 The licence referred to in the previous paragraph 8.1, is granted by VENPAY to the Customer for the purpose of using the Service and for non-transferable use of the Application on any compatible mobile device owned by the Customer or used by the Customer on any other basis. The Customer is not allowed to: i) distribute or make the Application available on a network through which it could be used by several devices at the same time, ii) try to access or copy the source code, iii) exploit the Application for a different use from the one authorised by VENPAY, iv) carry out reverse engineering activities, rent, sell, redistribute, sub-license or otherwise dispose of the Application under any pretext and under any terms and conditions and for purposes other than those expressly permitted by these General Terms and Conditions.
8.3 For proper use of the Coffee cApp Service, the Customer must have a mobile device with a display of sufficient resolution and size and a data connection.
8.4 At its own discretion, VENPAY may release upgrades that do not necessarily include all the existing features, or that contain new features not supported by the operating systems currently in use. Some of these updates or improvements may change the current settings, causing data loss, content or functionality. The terms of these General Terms and Conditions shall govern any software upgrades provided for the Application that replace and/or supplement the original VENPAY Application, unless the upgrade comes with its own specific licence.
8.5 The Services and features made available through the Website or the Application are provided solely for the Customer's personal use. The Customer may not resell or attempt to resell the goods or services, the content or any feature made available or purchased through the Website, the Application or by telephone to any third party, nor use the Service, the Website or the Application to engage in business activities or for any professional or commercial purpose.
8.6 The Customer shall not exploit or use the Service, the Website or the Application, or any of its content, in any way that may cause damage to VENPAY or to third parties. In particular, the Customer is obliged to refrain from using the Service, the Website, the Application or their content for conducting activities in competition with VENPAY or, in any case, in ways that may cause damage or harm to VENPAY’S economic and other interests, or its image, and those of other customers or third parties in general.
9. Customer's responsibilities
9.1 The Customer agrees to use the Services and the Application in accordance with current regulations and is fully responsible for any abuse or misuse of the Coffee cApp Service or the Application. The Customer also agrees not to use the Service, the Website or the Application i) to knowingly transmit data, send or upload material containing viruses, Trojan horses, worms, timebombs, key-loggers, spyware, adware or any other program or similar harmful computer code, ii) to commit or facilitate the commission of piracy or commit acts that constitute cybercrime, iii) in general for illegal, illicit or fraudulent purposes, in particular, to refrain from any use that is inconsistent with local, national or international laws or regulations.
9.2 The Customer shall hold VENPAY indemnified against any claim or legal action initiated or threatened against VENPAY by third parties or the Payment Service Provider, as a result of the Customer using the Application, the Service or the related functions in violation of these General Terms and Conditions or any contractual conditions applied by VENPAY, the Payment Service Provider and/or the credit/debit card issuer.
10. Limits of liability and changes to the Service or the Application
10.1 The Coffee cApp Service is only made available in certain vending machines and the Customer is required to check where this Service is available beforehand.
10.2 VENPAY does not provide any guarantee regarding the service provided by the Payment Service Provider, nor as regards the quality of the products and/or services provided to the Customer by the Seller.
10.3 VENPAY declines all responsibility if personal data, information or other sensitive contents of the users of the Service and the Application are sent, disseminated, cloned, loaded or downloaded by the Customer or by any third party through the Application itself.
10.4 VENPAY reserves the right, at its sole discretion and at any time, to make any changes, additions and/or updates it deems necessary or appropriate to the Website, the Service, the Application, the programs and/or other materials contained and/or available therein (including these General Terms and Conditions and/or features associated with the Service) ("changes"), with five (5) days’ notice, or longer notice as established by the legal provisions in force at any given time, through communication on the Website and/or the Application, if the changes are necessary to make this Agreement conform to any mandatory legal provisions, for unexpected technical or organisational needs of VENPAY, or to implement safeguards for VENPAY’S greater protection or for greater security of the Service in regard to abuses by the Customer or third parties. The changes will come into force and become effective with regard to the Customer once the above-mentioned notice period has expired, subject to notification of the Customer through a special communication sent by VENPAY to the e-mail address provided by the Customer or through other technical means used by VENPAY from time to time. For the sake of clarity, no change implemented as described above will have any effect on Services already provided before the changes come into force.
10.5 VENPAY reserves the right to discontinue its support and/or the total or partial usability of the Application at its sole discretion, subject to 30 days notice to be given on the web page at: http://www.coffeecapp.it. In such a case, VENPAY will only reimburse the Customer for any amounts contained in the virtual wallet on the Application, within 30 days from the termination of the total usability of the Application.
10.6 VENPAY does not guarantee the compatibility of the Application with the operating systems that are from time for time available on the market and used by the Customer. Therefore VENPAY may, at its sole discretion, with a 5-day notice to be provided on the web page: http://www.coffeecapp.it, exclude or limit the possibility of using the Application on certain operating systems.
10.7 10.7. VENPAY may occasionally, without any liability whatsoever towards the Customer and/or third parties:
a) suspend the Service for technical reasons such as repairs, maintenance, improvements to the Service and/or Application, or for emergency reasons, or
b) give the Customer any instructions it deems necessary regarding the integrity, security or quality of any Service provided by VENPAY to the Customer or to third parties.
10.8 Nothing in these General Terms and Conditions shall limit or exclude, or may be interpreted or construed so as to limit or exclude the liability of either Party for wilful misconduct or gross negligence, as specified in Art. 1229 of the Italian Civil Code, or for disruption of public order, or if such limitation or exclusion is not valid under mandatory rules of law.
11. Intellectual property rights
11.1 Moneytor, BITX and Coffee cApp are registered trademarks of Venpay SpA
11.2 The use of Coffee cApp or the Services does not in any way imply that VENPAY has granted the Customer a licence of use for modules, codes and graphics owned by VENPAY. VENPAY reserves the right to authorise in writing the permanent or temporary, total or partial reproduction, by any means or in any form, the translation, adaptation, transformation or any other modification or any form of public distribution of its brands, distinctive signs, modules, codes or graphics.
11.3 It is forbidden for the Customer to directly or indirectly modify, decompile or disassemble the source code of the modules.
12. Deactivation or Suspension of the Customer's account
VENPAY may proceed, at its sole discretion to the deactivation of the account of a Customer if it deems, at its own absolute discretion, that the Customer is in violation of the rights of VENPAY and/or third parties or is otherwise contrary to the law, or if requested by the competent authorities, with 10 days notice, without the Customer being able to claim any compensation in respect of such deactivation. Furthermore VENPAY reserves the right to deactivate theaccount of a Client if he/she has not reached at least 16 (sixteen) years of age and this emerged as a result of random checks or following a specific report.
12.2. Temporary suspension
VENPAY may also temporarily deactivate a Customer’s account if the Payment Services Provider does not process the relevant payments, for any reason or cause, including cases where the Customer fails to make payments and/or withholds payment of any debts incurred and/or expiration or loss of the credit/debit card, without any amount being due to the Customer as a result of this suspension.
12.3 The fact that VENPAY decides not to use the right to deactivate a Customer's account or to tolerate non-compliance with the provisions of these General Terms and Conditions, for any period of time, should not be interpreted as a waiver of the right to make use of these rights/conditions in the future.
12.4 In the case of deactivation of an account by a Customer, VENPAY reserves the right to keep an archive file with the details of the past transactions conducted by the Customer, with exclusion of the credit/debit card details, which will be deleted within 30 (thirty) days from the date of deactivation of the account.
13. Governing law and competent jurisdiction
13.1 These General Terms and Conditions are governed by and shall be interpreted in accordance with Italian law.
13.2 For any dispute relating to or arising from the interpretation, validity and/or execution of these General Terms and Conditions and, in general, related to the Service, the Application, the Customer’s navigation of the Website or the use of any feature provided to the Customer through the Website or the Application, the Court of Milan shall have exclusive jurisdiction, except where the mandatory forum is the place of residence or domicile of the Customer acting in their capacity as a “consumer” pursuant to the Consumer Code.
14.1 If a provision of the General Terms and Conditions should be void, invalid, ineffective or unenforceable, all other provisions shall remain valid and enforceable between the Parties.
15. Contact details
15.1 For further information and assistance regarding the Application or purchase of the Services, the Customer can contact VENPAY through the following channels:
VENPAY S.p.A. Via dell’artigianato 25 Seriate 24068 (BG) – Italy – VAT number 03731050161/ REA 403446, telephone number +39 02 5752 4006, e-mail coffeecApp@venpay.it .
INFORMATION NOTICE FROM VENPAY SPA
pursuant to Art. 13 of Legislative Decree 30 June 2003, No. 196 (Consolidated Law on Privacy in Italy) and Articles 13 and 14 of European Regulation 679/2016 fully in force effect from 25 May 2018
In compliance with the obligations deriving from national legislation (Legislative Decree No. 196/2003, also called "Personal Data Protection Code") and Community legislation, (Reglamento (UE) 2016/679 of 27 April 2016 known the General Data Protection Regulation (hereinafter also referred to as “GDPR”, already in force and directly applicable from 25 May 2018)), VENPAY S.p.A. respects and protects the confidentiality of registered and unregistered users, putting in place every possible and proportionate effort to protect their data, in accordance with the purposes and principles defined in this Notice, and in the Conditions of Use, also called the Terms of Service.
Pursuant to Art. 8 of the GDPR - which is shown below - natural persons who have completed at least 16 (sixteen) years of agemay use the specific functions of Coffee cApp, in particular the payment and value-added services connected to registration. VENPAY SpA reserves the right to carry out random checks on its own initiative and/or in response to specific reports, regarding the age of its users and in the case of violations of the Service Conditions, in particular in the event that a registered user is less than 16 years old, will, unless - as a last resort - they are able to be authorised through the consent of the parents, immediately suspend the account, and/or if it is not possible in the last instance to obtain the consent of the parents, cancel the account created in violation of the rule on the minimum age for registration, reserving the right to report to the Data Protection Commission (Autorità Garante) Authority and the Postal Police (Polizia Postale e delle Comunicazioni) any behaviour that does not comply with the Conditions of Use (Terms of Service).
Conditions applicable to child's consent in relation to information society services
1. Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.
Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.
2. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.
3. Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.
1. Data Controller:
VENPAY S.p.A. VAT number 03731050161 is the Data Controller of data collected through the application for devices with iOS, Android and Microsoft operating systems, called "Coffee cApp", which it owns and for which it takes care of development, publication and update on the following app stores: Play Store, Apple Store and Microsoft Store.
VENPAY SpA has an operating office in Via dell'Artigianato, 25 - 24068 Seriate (BG) - ITALY. Any requests for information and/or clarifications regarding the processing, the methods of storage and rectification and deletion as well as requests for data portability may be requested without any formalities by sending an e-mail to the following address: firstname.lastname@example.org
2. Processing carried out and its purposes
VENPAY S.p.A. (hereinafter also called, for the sake of brevity, “VENPAY”), would like to inform you that the personal data you have entered for the purposes of registration to the Coffee cApp application (by way of example, mobile phone number and e-mail address, in addition to other requested data) will be collected and processed for the following purposes:
(a) the provision of the payment service for the sale of products in vending machines, referred to as the "Coffee cApp" Service;
(b) sending informative and promotional communications, also of a commercial nature, of advertising material and/or offers of goods and/or services, by any means (known or otherwise), including, by way of non-exhaustive example, post, internet, telephone, e-mail, MMS or SMS by VENPAY itself and, subject to appropriate consent, by those third-party companies that operate in Italy by supplying vending machines in the place where the user uses Coffee cApp;
(c) subject to appropriate consent, if required by current legislation, for the preparation and completion of statistical and market studies and research, for analysis of consumption tastes, preferences, habits, needs and choices, as well as for assessment of the level of satisfaction with the quality of the products and services offered by the Company.
The user will be asked to give his consent to the processing where this is required by the provisions of the GDPR.
Failure to consent to the purposes indicated in points (b) and (c) does not affect the user's ability to use the service referred to at point (a).
In view of the stated purposes, the processing of personal data will be carried out using suitable paper-based and/or electronic means, with methods that are strictly related to these purposes and which are, in all cases, capable of ensuring the security, privacy and confidentiality of the user's data.
The aforementioned processing envisages the use of automated decision-making processes using an IT system that allows user profiling activities to be carried out.
This processing will lead to the user receiving targeted commercial communications that have been based on previous choices made by the user when using Coffee cApp.
3. Legal basis of the processing
The processing is carried out based on the existence of a legitimate interest, as there is a relevant and appropriate relationship between the Data Subject and the Data Controller justified by the user having registered in order to use the service.
4. Provision of data
The provision of personal data is optional. A refusal or the provision of incorrect and/or incomplete information may prevent the following:
(i) provision of the payment service for the sale of products, referred to as the "Coffee cApp Service", pursuant to paragraph 2 (a) above;
(ii) the sending of information and promotional communications, including for commercial purposes, advertising materials and/or offers of goods and/or services by any means, pursuant to paragraph 2 (b) above;
(iii) the preparation and completion of statistical and market studies and research, analysis of consumption tastes, preferences, habits, needs and choices, and assessment of the level of satisfaction with the quality of the products and the services offered by the Company, pursuant to paragraph 2 (c) above.
The activities referred to in paragraph 2 (b) and (c) above may be carried out only after obtaining explicit, free and specific consent, granted for each purpose of the processing.
5. Data communication and scope of dissemination
The data may be disclosed to the following categories of persons and organisations that VENPAY S.p.A. uses for some activities in order to provide the service:
(a) any person or organisation providing the Company with activities or services for the purposes indicated above, such as, for example, parent companies, subsidiaries, investee companies and/or affiliates, persons and organisations, institutions and/or companies that manage and/or participate in the management and/or maintenance of websites and electronic and/or telematic tools used by the Company;
(b) companies that own and/or manage vending machines;
(c) suppliers, contractors, subcontractors, banking and/or insurance institutions or, more generally, other persons, organisations and / or bodies that provide (on behalf of the Company or independently) the activities referred to in para. 2 or activities that are connected to, or facilitate, them;
(d) consultants who assist the Company in various ways with particular reference to legal, tax, social security, accounting and organisational matters;
(e) any other person or organisation to whom the data must be communicated on the basis of an express legal provision.
6. Communication and data transfer
Upon collection of the Data Subject's express consent, the data may be communicated and transferred to third-party companies that directly supply the product distribution service through Vending Machines, with the same processing purposes as stated in this Notice by VENPAY.
The list of such companies with their respective Data Processors is constantly updated and can be found by sending an e-mail to email@example.com
7. Transfer outside the EU of users' personal data
Personal Data may be transferred outside the European Union into countries where there are Vending Machines in which it will be possible to use Coffee cApp.
The updated list of non-European countries where data can be transferred can be requested by sending an e-mail to firstname.lastname@example.org
8. Period for processing and storage of data
The data will be kept for the time necessary to perform the above purposes in compliance with the provisions of the law, for the period corresponding to fiscal, accounting and administrative needs, as well as to document our business and also to respond to your data recovery needs.
In any case, the Data Controller will process the personal data for a period of time no longer than necessary to achieve the purposes for which the personal data are processed, or for a longer period for purposes permitted by law, and in any case deleted without unjustified delay.
9. Rights of the Data Subject
Under the GDPR, Data Subjects have the right:
- of access to Personal Information;
- to obtain the correction of personal data or the deletion of the same or the restriction of the processing that concerns them;
- to object to the processing of personal data;
- to data portability;
- to withdraw consent (the information to be made to the Data Subject regarding the right of withdrawal of consent can obviously not concern the cases in which the processing, for example, is necessary to fulfil a legal obligation to which the Data Controller is subject or for the execution of a task of public interest or connected to the exercise of public authority by which the Data Controller is affected);
- to put forward a complaint to the supervisory authority (Garante Privacy) http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524.
These rights can be exercised by sending an e-mail to email@example.com or by writing to VENPAY SpA via dell'Artigianato, 25 - 24068 Seriate (BG) - Italy or to one of the companies to which the data of the Data Subject have been transferred, following their explicit consent.
VENPAY and/or the third-party companies to which the data of the Data Subject have been legitimately assigned, will interrupt the processing, without delay, when the Data Subject requests a withdrawal of the previously expressed consent. This withdrawal may be also expressed in relation to profiling processing only (par 2. (c)) while keeping the service active.
This right can be exercised by sending an e-mail to firstname.lastname@example.org to which an appropriate answer will be given.