Last modified: 22/02/2023 (Regulation Archived versions)
GENERAL TERMS AND CONDITIONS
(last update made on 21 February 2023)
Art. 1 - Premises and Definitions
1.1. In the Contract, the following terms, whether expressed in the singular or plural, shall have the meanings set forth below:
1.1.1. Account: identifies the unique personal account of each Customer, created following Registration in the Application, necessary to access the Application, use the Services and consult the data and information associated with the personal account at any time;
1.1.2. Application: shall have the meaning given in Article 3.1;
1.1.3. Virtual Purse: identifies the Customer's electronic purse, made available by N-And, in which it is possible to deposit funds, mainly by means of successive reloads, to be used for transactions relating to the purchase of Products, as well as to verify, in the appropriate section of the Application, the accounting and administrative position of the Customer. The Virtual purse does not constitute a bank account, nor any other payment instrument or method; it functions as a prepaid balance.
1.1.4. Customer: any natural person wishing to make use of the Services offered by N-And;
1.1.5. E-Commerce Code: identifies Legislative Decree No 70 of 9 April 2003;
1.1.6. Consumer Code: refers to Legislative Decree No 206 of 6 September 2005;
1.1.7. General Terms and Conditions: these general terms and conditions;
1.1.8. Contract: shall have the meaning given in Article 2.1;
1.1.9. Contracted Operator: any company or commercial establishment, however named, that offers Customers the possibility to purchase its Products through the use of the Application and the use of the Services;
1.1.10. Payment Method: any payment method accepted by N-And, the details of which are provided by the Customer at the time of Registration or are entered, at a later date, in the dedicated area of the Application, to be used for recharging the Virtual Purse, for debiting payments due by the Customer for the purchase of Products, for crediting any reimbursements, or for that different use that, from time to time, will be indicated to the Customer, possibly in substitution of that initially indicated during the course of the relationship;
1.1.11. N-And: N-and Italia Ltd. is a company incorporated in Italy, with registered office in Via delle Gere, 15 - 24040 Pognano (BG) Italy; VAT: 04327810166, e-mail: coffeecApp@n-anditalia.com, pec: email@example.com;
1.1.12. Payment Service Provider: means any bank, authorised electronic money institution or any other entity authorised to perform payment services;
1.1.13. Product: any good and/or service that can be purchased by the Customer at the Points of Sale of the Affiliated Operator through the use of the Application and the fruition of the Services;
1.1.14. Points of Sale: any premises, physical shop, machine (e.g. vending machines) or digital platform where the Products of the Agreed Merchant can be purchased, through the use of the Application and the fruition of the Services, as better identified and described in the Site;
1.1.15. Registration: shall have the meaning given in Article 3.2;
1.1.16. Service: shall have the meaning given in Article 2.2;
1.1.17. Site: means any website or app operated by N-And;
1.1.18. Token: has the meaning given in Article 2.2.6.
1.2. Additional terms defined in the Contract shall have the meanings ascribed to them in the Articles providing for them, with effect extended within the Contract.
Art. 2 - Object
2.1. These Terms and Conditions govern: (a) the provision in favour of the Customer of the Services, as defined below, by N-And, as well as (b) the use of the Application by the Customer; and constitute the Contract through which N-And provides, under the terms set out herein, the Services to the Customer through access to the Account and use of the Application.
2.2. Following completion of the Registration procedure, upon fulfilment of the conditions set out in the different sections of these General Terms and Conditions, N-And shall provide the following services ("Services") to the Customer:
2.2.1. an Account;
2.2.2. a service to support the payment of Products;
2.2.3. a Virtual Purse, where funds can be deposited for the payment of Products by means of one or more remote communication techniques;
2.2.4. a service that allows you to top up your Virtual Purse, directly via access to the Point of Sale;
2.2.5. a service that allows you to top up your Virtual Purse by transferring funds from your chosen Payment Method(s);
2.2.6. the issuance of one or more Tokens, which can be used to access incentive schemes or promotions, as specifically indicated in the relevant information sheet;
2.2.7. provision of a debit card, issued and managed by the Payment Service Provider, designated by N-And, as specifically indicated in the relevant information sheet;
2.2.8. one or more features enabling Customers to exchange or transfer funds accumulated on their respective Virtual Purses, as specifically indicated in the relevant information sheet;
2.2.9. all services enabling the Customer to access additional or complementary functionalities to the services listed above, according to the instructions made available in the Application or as specifically indicated in the relevant information sheets.
2.3. Some of the Services listed above are based on tools and technologies that require the prior signing of a commercial agreement between the Contracted Manager and N-And and, therefore, can only be used and enjoyed in certain Points of Sale, and for a limited range of Products. It is therefore up to the Customer to check in advance where are such Services available.
2.4. Given the rapid evolution with which the sector is developing, N-And reserves the right to amend these General Terms and Conditions, in the manner provided for in Article 12.2. below, in response to possible changes to the Services, the application of new technologies, the introduction of different mobile devices, technical-administrative procedures, new IT security practices.
Art. 3 - Activation of Services
3.1. In order to be able to access the Services, the Customer must have a mobile device on which the special N-And software enabling the use of the Services ("Application") has been previously installed, and has been completed, pursuant to Article 3.2. below, the Registration procedure and, with respect to the national and community legislation on the protection of personal data EU Regulation 679/2016, expressly manifest his or her Consent, in accordance with the provisions of Article 5 below.
3.2. To complete the Registration, the Customer must:
3.2.1. be at least 16 (sixteen) years of age;
3.2.2. provide N-And with a valid and verifiable e-mail address and a mobile telephone number;
3.2.3. choose a personal password;
3.2.4. not already be the holder of another active Account;
The necessary information must be entered, without exception, during Registration or, alternatively, may be acquired by the Application by linking to any social profile of the Customer and expressly authorising its use.
3.3. N-And uses the mobile telephone number as the main method of identification of the Customer. In the event of a change in the mobile telephone number, the Customer must therefore close the Account linked to the number no longer in use, following the procedure provided for in Article 10.6. below, or, if necessary, by sending a communication to the email address indicated in Article 13 expressly concerning the request for assistance under this Article, and repeat the Registration procedure.
3.4. Some Services require additional information in order to be activated and used. In order to access and use the Services from the Application (e.g. the function of recharging the Virtual Purse by means of the chosen Payment Method), the Customer will then have to enter the additional data, as requested from time to time in the relevant section of the Application.
3.5. In order to verify the different information requested during the Registration phase or to protect the Account from fraud or abusive access by third parties, N-And may require the Customer to provide an identity document to prove that he/she is the owner of the Account or even through the execution of specific identification procedures, to be carried out electronically (so-called "know-your-customer" and/or "strong customer authentication" procedures).
3.6. The customer is responsible:
3.6.1. the completeness and truthfulness of the information on the data provided at the time of registration;
3.6.2. the completeness and truthfulness of any information that may be requested and/or entered in the various sections of the Application;
3.6.3. the preservation, security and proper use of the chosen Account and password, and shall take all necessary steps to ensure that they are properly used and that the password is kept secret and not disclosed to any person;
3.6.4. of the activities to be performed by means of the Account, even if used by third parties.
3.7. The password chosen by the Customer is required to access the Account in order to use the Services:
3.7.1. In order to recover or reset the password, the Customer shall independently follow the password change procedure provided directly in the Application;
3.7.2. in case of theft of the password or unauthorised use of the Account by a third party, the Customer must immediately notify N-And, by e-mail, in order to allow the suspension or deactivation of the Account and must send a copy of any report filed with the competent authorities to N-And.
3.8. The Customer is liable for any damages resulting from the misuse of his/her data or Account by third parties. N-And disclaims any liability for damages resulting to the Customer from acts of hacking, appropriation and/or misuse, by third parties, of the data provided by the Customer.
Art. 4 - Information directed to the conclusion of the Contract
4.1. N-And complies with the information obligations on the conclusion of the 'distance contract' imposed by the E-Commerce Code.
4.2. In particular, the various technical steps to be followed to conclude the contract can be summarised as follows:
4.2.1. registration, pursuant to Article 3 above; and
4.2.2. Consent of the Customer, given in accordance with the Terms and Conditions set out in Article 5 below.
Art. 5 - Conclusion of the Contract
5.1. The consent of the Customer to the conclusion of the Contract with N-And ("Consent"), expressly manifested at the time of registration or download of the Application, is an essential element to allow the correct execution of the Services and the use of the Application. Therefore, in the absence of consent, N-And cannot provide the Services, nor can the Customer use the Application.
5.2. Consent is given by the Customer to N-And by clicking on the "accept the General Terms and Conditions" button, available at the end of the registration procedure provided on the Application.
5.3. N-And will acknowledge receipt of the Consent by transmitting to the e-mail address, provided by the Customer during Registration pursuant to Article 3 above, an e-mail and/or a push-pull notification, also containing a copy of these General Terms and Conditions.
Article 6 - Use of the Service and Application
6.1. The use of the Services, as well as of the Application, implies full knowledge and acceptance of these General Conditions. The Customer is therefore invited to carefully read and approve these General Terms and Conditions, which can be viewed and printed during the registration process, also through pop-up access or hypertext links, and, in any case, before using the Service.
6.2. By using the Application, the Customer authorises N-And to collect and use technical information on mobile devices and related software, hardware and peripherals. This enables N-And to improve its products and to provide the Customer with its Services.
6.3. The Application (as well as the related software) is licensed free of charge, non-exclusive and non-transferable by N-And to the Customer and may be used by the latter exclusively within the limits indicated in these General Terms and Conditions; N-And reserves all rights not expressly granted under these General Terms and Conditions.
6.4. The Services and functions made available through the Application are provided solely for the personal use of the Customer.
6.5. The customer is not permitted to:
6.5.1. distribute or make the Application available on a network through which it could be used by several devices at the same time;
6.5.2. attempt to access or copy the source code;
6.5.3. exploit the Application or the Services for uses other than the ones strictly authorised or for uses other than those for which they were conceived by N-And;
6.5.4. resell or attempt to resell the goods or Services, content, or any features made available on the Application or via mobile device to any third party, nor use the Service or Application for the purpose of conducting business or otherwise for professional or commercial purposes;
6.5.5. reverse engineer, rent, sell, redistribute, sublicense or otherwise dispose of the Application in any manner whatsoever on terms and conditions and for purposes other than those expressly permitted by these General Terms and Conditions.
6.6. The Customer must not exploit or use the Service or the Application or any of its contents in such a way as to damage N-And or third parties. The Customer is obliged to refrain from using the Service, the Application or their content to carry out activities in competition or, in any case, in such a way as to damage or prejudice the interests, including economic interests, or the image of N-And, other customers or third parties in general.
6.7. For the proper use of the Services, the Customer must have a mobile device with adequate resolution and display size and a data connection.
6.8. The Customer undertakes to use the Services and the Application in compliance with applicable law and is fully responsible for any abuse or misuse of the Services or the Application.
Art. 7 - Payment Modalities
7.1. The provision of the Services by N-And in favour of the Customer, as well as the downloading and use of the Application by the Customer, shall take place free of charge.
7.2. Without prejudice to what was previously indicated in Article 7.1., N-And nevertheless reserves the right to request any sums, by way of reimbursement, for expenses incurred and associated with particular operations, such as, purely by way of example and not exclusively, the use of payment and recharge instruments alternative to the credit card. Such operations, as well as the associated costs, shall be duly highlighted to the Customer, who shall therefore be presumed to be fully informed of their existence and amount, prior to the conclusion of the transaction.
7.3. Any contract concerning the Customer's purchase of the Products through the Application and the use of the Services shall be deemed to be entered into directly and exclusively between the Customer and the Contribution Manager. Therefore, the Client acknowledges and accepts that only the Agreed Merchant shall be responsible for: i) the determination and indication of the prices related to the Products; ii) the performance of the sale and purchase services of the Products; in general, iii) the determination and indication of the characteristics of the Products or any other information related to the Products; as well as iv) any other operation however connected to the previous ones, related to the Products or to the performance of the contract.
7.4. Notwithstanding the foregoing, the debiting of any amount owed by the Customer to the Payment Service Provider in relation to contracts concluded pursuant to Article 7.3 above and for which the Service is used, or the debiting of recharges purchased by the Customer, if not made by the Customer in cash directly through the Point of Sale, shall be made directly to the Payment Method. The relevant payment services (i.e. debit/credit card charge) are provided and rendered exclusively by the Payment Service Provider.
7.5. In addition to the foregoing, by accepting the General Terms and Conditions, the Customer hereby authorises the Payment Service Provider to debit the chosen Payment Method with the amount of the Product and/or the credit recharged to its Virtual Purse, which can be used through the Application.
7.6. Once the purchase of each single Product or the recharge of the Virtual Purse through the Application and the use of the Services is completed, the Customer will no longer be able to obtain a refund of the relative sums through N-And. For any disputes or problems, also due to disputed debits or non-credits, the Customer must contact N-And at the dedicated address indicated on the relative Site.
7.7. The details of the last purchases or recharges made using the Service are available in the Application, within the appropriate section. The archive of the last purchases or recharges will be kept available to the Customer for a maximum period of 12 (twelve) months after they were made, after which they will be deleted.
Article 8 - Limitations of Liability and Changes to the Services or Application
8.1. N-And disclaims any liability in the event that personal data, information or other sensitive content of users of the Service and the Application is sent, disseminated, cloned, uploaded or downloaded by the Customer or any third party via the Application itself.
8.2. The Customer acknowledges that N-And is never liable:
8.2.1. in any case in which it is not possible to access the Account, the Application or in any case to use the Services due to the failure and/or defective functioning of the Points of Sale or of the data processing systems of the Participative Manager or for any cause attributable to the Participative Manager;
8.2.2. in any case in which it is not possible to access the Account, the Application or otherwise use the Services due to the failure and/or malfunction of the Customer's mobile device or computer systems or the telephone service provider chosen by the Customer;
8.2.3. in the event of force majeure.
8.3. N-And reserves the right to make such changes, additions and/or updates as it deems necessary or appropriate to the Services, the Application, the programs and/or other materials contained therein and/or available and/or the functionality associated with the Services and/or the Application ("Updates"), to offer new services or modify the content of the Services; to implement technical adjustments, of any scope, and/or improvements; and to comply with changes in laws or regulations.
Some of these Updates may be mandatory if you intend to continue using the Application.
8.4. The terms of these General Terms shall govern any Upgrade, unless such Upgrade includes a specific licence.
8.5. Some of these Updates may change settings, cause loss of data, content or functionality. However, N-And shall not be held liable should any of these eventualities occur.
8.6. N-And reserves the right to cease support and/or use of all or part of the Application or a Service, at its sole discretion, subject to 15 (fifteen) days' notice, which will be duly communicated to the Customer. The procedure set forth in Article 10.12 below shall apply, to the extent compatible.
8.7. N-And does not guarantee the compatibility of the Application with the operating systems at the time available on the market and used by the Customer. N-And may, at its sole discretion, giving the Customer 5 (five) days notice, exclude or limit the possibility to use the Application on certain operating systems.
8.8. N-And may, on occasion, without any liability whatsoever to the Customer and/or third parties:
8.8.1. suspend the Service for technical reasons, such as repairs, maintenance, improvements to the Service and/or Application, or for emergency reasons; or
8.8.2. give the Customer any instructions it deems necessary for reasons of integrity, security or quality of any Service offered by N-And to the Customer or third parties.
8.9. N-And does not provide any guarantee with regard to the services provided by the Payment Service Provider, nor with regard to the Products provided by the Affiliated Manager; and, in general, with regard to the execution of the purchase contract. Any claims must therefore be submitted directly to the Payment Service Provider or the Contractual Partner.
8.10. N-And disclaims all liability in the event that a payment cannot be made or completed due to technical inconveniences (including cellular data network coverage, firewalls on LAN or WAN networks, or other), due to suspension of a service, for whatever reason, by third party operators of data transmission infrastructures, or due to problems related to the Payment Method and/or the Payment Service Provider.
8.11. The Customer shall indemnify N-And against any claim or legal action initiated or threatened against N-And by a third party as a result of the Customer using the Application, the Service or related functions in violation of these General Terms and Conditions or any contractual conditions applied by N-And.
8.12. No provision of these General Terms and Conditions shall limit or exclude or shall be construed or understood so as to exclude or limit the liability of either party on the grounds of wilful misconduct or gross negligence or if such limitation or exclusion is invalid under mandatory rules.
Art. 9 - Intellectual Property Rights
9.1. All content in the Application (including underlying material such as, for example, code, software and databases) and related copyright and other intellectual property rights, unless otherwise stated, belong to N-And or have been licensed to it. The use of the Services or the Application does not in any way imply the granting by N-And to the Customer of a licence to use forms, code and graphics owned by N-And.
9.2. Intellectual property rights shall mean all conferred, contingent and future intellectual property rights including, without limitation, copyrights, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, set-ups, database rights and any applications for the protection or registration of such rights and all renewals and extensions thereof existing in any part of the world, whether already existing or created in the future, to which the licensor may be entitled.
9.3. All contents of the Application are protected by Italian law and international intellectual property treaties.
Art. 10 - Duration of Services, Deactivation, Suspension of Customer Account and Right of Withdrawal
A. Duration of Services
10.1. The Contract shall be effective from the date of its conclusion, as provided in Article 5, and shall be of indefinite duration.
B. Account Deactivation
10.2. N-And may proceed to the cancellation of the Customer's Account if it considers that the Customer violates the rights of third parties, these General Terms and Conditions, the Contract, any rights of N-And or behaves in a manner contrary to the law, without anything being owed to the Customer in connection with such termination ("Official Cancellation"). N-And shall also provide for the Official Cancellation if this is requested by the competent authorities.
10.3. N-And will proceed to cancel, automatically and therefore without the Customer receiving any prior communication, the Accounts that, following Registration, have never made use of any Services, through the Application, in the following 60 (sixty) days ("Cancellation for non-use").
10.4. In the event that the Customer has used, at least once after Registration, the Services through the Application, but has not used them again for a consecutive period of 60 (sixty) days, N-And will send a written communication, to the e-mail address provided during Registration, to the Customer, containing a warning that the Account will be cancelled, due to prolonged inactivity, after 75 (seventy-five) days from the sending of the communication. Without prejudice to Article 10.5. below, once the period of 75 (seventy-five) days has elapsed, N-And will cancel, automatically and therefore without having to send further communication to the Customer, the Account ("Cancellation for Inactivity").
10.5. In the cases envisaged in Article 10.3. and 10.4., the Customer may avoid deletion of the Account by using the Services through the Application.
10.6. The Customer may, in any case, independently cancel the Account at any time (and thus withdraw from the Contract and these General Terms), using the appropriate function in the dedicated section of the Application ("Cancellation on Customer's Request").
10.7. In all the cases, provided for in the previous Articles, of Account cancellation, N-And will acknowledge receipt of the cancellation by sending a communication (therefore, "Account Cancellation Date" shall mean the date this communication is sent) to the email address indicated by the Customer, also containing an indication of the amount, if any, of the balance still present in the Virtual Purse on the Account Cancellation Date ("Residual Balance"). N-And reserves the right to keep the details of the transactions carried out over time by the Customer on file, also for the purpose of compliance with the accounting and tax regulations in force, for the time allowed by the laws on accounting and tax matters, except for the deletion of the data relating to the Payment Methods which will be deleted within 30 (thirty) days from the Account Cancellation Date.
C. Account Suspension
10.8. N-And may temporarily suspend access to the Account and the Application to allow for Updates, modifications, maintenance, any other technical reason that may arise, without anything being due to the Customer in connection with such suspension. However, the suspension shall not last for more than 90 (ninety) days.
10.9. N-And may also temporarily suspend access to the Account and Application pending the verifications provided for in Article 10.2., without anything being due to the Customer in connection with such suspension.
10.10. N-And may also temporarily suspend access to the Account and Application in the event that the Payment Service Provider fails to process the relevant charges, for any reason or cause whatsoever, without anything being due to the Customer in connection with such suspension.
D. Effects of Deactivation, Termination
10.11. In the case of Closure or Cancellation, the Residual Balance at the Account Cancellation Date will be unquestionably retained by N-And and made available to the competent authorities and/or third parties injured by the behaviour of the Customer. If the party harmed by the Customer's behaviour is N-And itself, the Residual Balance shall be retained by the latter as partial compensation for the prejudice suffered, without prejudice to the right to claim for greater damages.
10.12. In the remaining cases of Cancellation due to Non-Use, Cancellation due to Inactivity and Cancellation on Customer's Request, and where otherwise recalled, the Customer - within the mandatory forfeiture period of 30 (thirty) days from the Account Cancellation Date - may request N-And to return the Residual Balance by transmitting, to the address indicated in Article 13 below, the request for credit, in which to indicate the information required by N-And (including the credit IBAN) in order to be able to arrange the refund. N-And shall reimburse the Residual Balance net of transfer fees and any commissions incurred by N-And for the portion of the Residual Balance established with Payment Methods.
10.13. Should the Residual Balance be less than or equal to EUR 2.00 (two), N-And shall retain the Residual Balance to fully cover the costs set forth in Article 10.12 above.
10.14. The Customer shall forfeit its right to the return of the Residual Balance if it fails to claim it within 30 (thirty) days from the Account Cancellation Date.
Article 11 - Processing of personal data
11.2. N-And adopts all measures appropriate to the type of data processed and is constantly striving to implement state-of-the-art Data Protection policies, credential management systems and back-up and disaster recovery policies.
11.3. The personnel in charge of data processing have been adequately trained on how to collect and process data and are regularly updated on data security, protection and confidentiality issues in order to minimise the risk of non-compliant processing and minimise the likelihood of data-breaches (incidents involving personal data). In addition, N-And has appointed a Data Protection Officer and has established written policies for handling incidents that may occur to the paper and electronic media in which the data are contained.
Art. 12 - General Provisions
12.1. The Customer may be charged by its telephone service provider for Internet access on the mobile device on which the Application was downloaded.
12.2. Any amendments to these General Terms and Conditions will be communicated to the Customer in accordance with Article 13 below. The aforesaid changes shall take effect 60 (sixty) days from the date of their communication, with the exception of changes that are required by law or those that do not affect the Customer's rights and obligations, which shall become effective immediately. Within the same term, the Customer may exercise its right of withdrawal in the manner provided for in Article 10.6 above. The procedure provided for in Article 10.12 below shall apply mutatis mutandis.
12.3. Should any provision of these General Terms and Conditions and/or the Contract be invalid or ineffective, its content shall be reformulated or limited or deleted to the extent strictly necessary to safeguard, in all other respects, the full validity and effectiveness of these General Terms and Conditions and/or the Contract.
12.4. Notices provided for in these General Terms and Conditions shall always be given in writing, in the form and manner specified in these General Terms and Conditions.
12.5. N-And may at any time assign its rights and/or obligations arising from these General Terms and Conditions and/or the Contract to other investee companies and/or participants, giving timely notice to the Customer. Should N-And arrange for such an assignment, the rights of the Customer shall not be affected.
12.6. In the performance of the Contract, N-And may make use of its various divisions, subsidiaries, parent companies and affiliates.
12.7. The fact that N-And decides not to avail itself of a right under the Contract or these General Terms and Conditions or that it may tolerate non-compliance with provisions of the Contract or these General Terms and Conditions by the Customer, for any period of time, shall not be construed as acquiescence or a waiver of the right to avail itself of such rights or conditions in the future.
Article 13 - Contacts
13.1. For further information and assistance on the Application or the use of the Services, the Customer may contact N-And through the following references:
N-and Italia S.r.l., Via delle Gere, 15 - 24040 Pognano (BG) - Italy - VAT no. 04327810166/ REA MI-2526119, e-mail coffeecApp@n-anditalia.com, pec: firstname.lastname@example.org.
13.2. N-And may contact the Customer via the Application. However, should it be necessary, N-And may contact the Customer by e-mail, through push-pull notifications or by telephone call, using the data provided by the Customer in the Application.
13.3. Should such data change, the Customer shall promptly inform N-And.
Article 14 - Governing Law and Jurisdiction
14.1. The Contract and these General Terms and Conditions are governed by Italian law.
14.2. In the event of a dispute arising out of, connected with or deriving from the interpretation, validity and/or execution of the Contract or these General Terms and Conditions, and in general, relating to the Services, the use of the Application by the Customer, or the use of any functionality made available to the Customer through the Application, the Court of Bergamo shall have exclusive jurisdiction, without prejudice to the jurisdiction of the Court of residence or domicile of the Customer, if the Customer qualifies as a consumer pursuant to the regulations set forth in the Consumer Code.
14.3. Disputes with Customers, including consumers, residing outside the Italian territory are devolved to the jurisdiction of the Court of Bergamo, as Judge of the place where the Contract is executed.
14.4. "This translation [English] is provided for the convenience of the Customer only. The original text of these General Terms and Conditions is in the Italian language and is binding in all respects. In the event of any divergence between the meanings or interpretations of the Italian text and the text translated into another language, the regulations, as well as the meanings or interpretations, contained in the Italian version shall prevail, it being understood that, pursuant to the Consumer Code, the language of the place of residence or domicile of the Customer may also be applied in the event of mandatory provisions in favour of the Customer".
REPLACEMENT DECLARATION FOR THE NOTARY DEED
The undersigned, Marco Gallarati, as legal representative of the Venpay SpA company, with registered office at Via don Minzoni 16, 20056, Trezzo sull'Adda (MI), VAT no. 03731050161, REA MI-2526119
that Venpay SpA intends to carry out both "prize operations" and "flyer promotions", according to the procedures contained in these Regulations and specifically in the respective dedicated sections.
The following regulation applies to the following operations (the "Operations"), both of which are reserved for customers who own and use the "Coffee cApp" portable device application and adhere to the demonstration/promotion by purchasing, from any designated vending machine belonging to Venpay SpA, and exclusively through the aforementioned CoffecApp application.
a) the prize-winning event known as "PREMI COFFEE CAPP" (hereinafter "the prize transaction" or "the event") held by Venpay SpA with registered office at Via Don Minzoni 16, 20056 Trezzo sull'Adda (MI), VAT no. 03731050161 REA Milan 2526119 (hereinafter also "the promoting company") possibly launched by Venpay SpA, as well as
b) the promotions (the "COFFECAPP PROMOTION") on specific products (or group of products) specifically indicated from time to time in the section of the CoffecApp App.
1. DEFINITIONSPurse: the area within the CoffeecApp application where the user can view their balance.
2. TERRITORIAL SCOPE AND DURATION
The Operations are valid throughout the Italian territory, from 1 January 2019 to 31 December 2019, from 6:00 am to midnight on each day of the event. Each individual promotion may be activated on vending machines and for the period of time that will be indicated on the appropriate communications, displayed at the same machines being promoted or communicated through the CoffecApp application to users who use the aforementioned App at the same machines.
All customers who own and use the CoffeecApp application for mobile devices and who purchase the products specifically indicated from time to time in the appropriate section of the App, from a vending machine managed by one of the companies affiliated with Venpay SpA and enabled to use the CoffeecApp payment application.
4. MEMBERSHIP OF "COFFEE CAPP PROMOTIONS"
Participation in the prize-winning operation, carried out through the CoffeecApp application, will only be activated at the distributors of the companies participating in the CoffecApp closed circuit. This is determined at the same time as the purchase of the products specifically indicated in the appropriate section of said App.
5. OPERATION PRIZES
The prizes of the single-prize operations, as well as the conditions of the single promotion, will be indicated from time to time in the appropriate section of the App, as well as the validity date of the single Operation.
In principle - without prejudice to what is specified in the aforementioned section of the CoffecApp App - the method of executing Transactions is by means of crediting sums equivalent to the value of the promoted goods or the prize operation prize to the purse of the individual user. Therefore, the money credited back to the user's purse is merely a refund in relation to the expense made and, similarly to the amounts deposited, cannot be withdrawn but used exclusively for further purchases from the vending machines enabled for CoffeecApp use. The refund percentage is re-credited as a result of the purchase of the product being promoted. The actual balance is available in the "purse" and "history" sections of the CoffeecApp application personal account.
6. PUBLICITY OF THE OPERATION
The advertising of the Operations is strictly in compliance with these regulations and is carried out through direct communication notices to the user, or inserted in the appropriate pages of the www.coffecapp.it sites, as well as on the websites or on the respective Facebook pages of the companies that manage relevant and qualified vending machines from time to time.
7. FILING AND CONSULTATION OF THE REGULATIONS
These regulations with authenticated signature are filed at the registered office of Venpay SpA and are always available on the pages of the www.coffeeccpp.it Website.
8. MODIFICATIONS TO THE REGULATIONS
"Venpay SpA" reserves the right to amend these regulations, including the procedures for participating in the Transactions, in the following cases: by order of the administrative authorities; due to significant changes in market conditions or, in any case, if proven commercial or management needs of the event so require. All changes to these regulations will be promptly and properly communicated and will never be for the worse.
9. INFORMATION NOTICE ON PERSONAL DATA PROCESSING
The information notice on the processing of personal data is the same as the customer, participant in the individual transaction, enters when registering their CoffeecApp application account, and the notice shown on the coffeecapp.it site, which may be referred to for any consultation requirements.
DISCLOSURE MAY 1ST 2022 ISSUED BY N-AND ITALIA S.R.L.
under European Regulation GDPR 2016/679 and by D. Lgs. 196/2003 as stated by D. Lgs. 101/2018
According to dell’Art. 8 GDPR - in full below - specific functions of Coffee cApp, in particular the payment and value added services related to the subscriprion of individuals who have reached at least 16 (sixteen) years of age could be used; N-AND Italia S.r.l. reserves the right to carry out sample checks on its own initiative and/or on specific reports, regarding the age of its users and in the case of violations of the Conditions of Service, in particular in the case where a registered user is under 16 years old, will be able, to suspend the account unless parental authorization is granted and ultimately deleted the account and report the breach of term of use to the relevant authorities
[Article 8 - Conditions applicable to the consent of minors in relation to information society services
1. Where point (a) of Article 6(1) applies, as regards to the possibility to offer direct provision of services to minors, the processing of personal data of minors is lawful where the minor is at least 16 years old. Where the child is under 16 years of age, such processing shall be lawful only if and to the extent that such consent is given or authorised by the holder of parental responsibility.
Other Member States may provide by law for an age below that age provided that it 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 for the child, taking into account available technologies.
3. Paragraph 1 shall be without prejudice to general contract law provisions of the Member States, such as rules on the validity, formation or effect of a contract in relation to a child.]
N-and Italia S.r.l. with vat number IT04327810166 is the Data Controller . data are collected through the application "Coffee cApp" for devices with iOs operating system and Android, N-and Italia is the owner and it develops, publishes and updates the appnon the following stores: Play Store, Apple Store.
N-and Italia S.r.l. has its operations’headquarters in Via delle Gere 15, 24040 Pognano (BG) - Italy.
If you require information and/or clarification about the processing, storage and rectify and delete as well data portability, you can send an e-mail to the following address: coffeecapp AT n-anditalia.com
2. Processing and purposes
N-and Italia S.r.l. (hereinafter also referred to for brevity, "N-and Italia"), would like to inform you that the personal data you have entered for the purposes of registration with the Coffee cApp application (for example, mobile phone and e-mail address, in addition to the other data required) will be collected and processed for the following purposes:
- for the provision of the payment service for the sale of products in vending machines, known as -. ‘coffee cApp’;
- for sending informative and promotional communications, including of a commercial nature, of advertising material and/or offers of goods and/or services, by any means (known and not), including, by way of example and not exhaustive, mail, internet, telephone, e-mail, MMS, SMS by N-and Italia itself and, after collecting the appropriate consent, third parties and vending companies operating in the territory supplying vending machines in the place where the user uses the Coffee cAPP
- after appropriate consent, if required by the applicable legislation, for the preparation and carrying out of statistical and market studies and research, for the analysis of tastes, preferences, habits, needs and consumers choice, and for the detection of the degree of satisfaction on the quality of the products and services offered by the Company.
The user will be asked to express his consent to the processing as per GDPR policy
Failure to give consent to the purposes set out in points (b) and (c) shall not affect the possibility to use the service set out in point A.
In relation to the above purposes, the processing of personal data will be carried out through appropriate paper and/or electronic means, with logic closely related to the purposes and, in any case, able to guarantee the security and confidentiality of the data
The above processing operations involve the use of automated decision-making processes performed by means of a computer system that allow the conduct of the profiling activities of the user.
The consequences of such processing are the receipt of targeted and processed commercial communications on the previous choices made by the user in the use of Coffee cApp.
3. Legal basis of the processing
The processing is carried out on the basis of the existence of a legitimate interest in that there is a relevant and appropriate relationship between the user and the controller justified by the user's registration specifically aimed at using the service offered by Coffee cApp.
4. Data provision
The provision of personal data is optional. Rejection or provision of incorrect and/or incomplete information may make it impossible
- the provision of the payment service for the sale of products, known as the service of c.d. "coffee cApp" as defined in paragraph 2(a) above;
- the provision of information and promotional communications, including of a commercial nature, advertising materials and/or offers of goods and services, by any means, as referred to in paragraph 2(b) above;
- the drawing up and carrying out of statistical and market studies and research, the analysis of tastes, preferences, habits, needs and consumers’ choices and the recording of the degree of satisfaction with the quality of the products and services offered by the Company, in accordance with paragraph 2(c) above.
The activities referred to in paragraph 2(b) and (c) above may be carried out only after obtaining your express, free and specific consent, given for each purpose of the processing.
5. Data communication and scope
The data may be communicated to the following categories of entities used by N-and Italia for the performance of certain activities related to the provision of the service:
(a) any entity that provides the Company with instrumental services or services for the above purposes such as, but not limited to, parent companies, subsidiaries, investments and/or associates, entities and/or companies that manage and/or participate in the operation and/or maintenance of the websites and electronic and/or telematic tools used by the Company;
(b) companies which own and/or operate vending machines;
(c) suppliers, contractors, subcontractors, banks and/or insurance institutions or, more generally, other persons and/or entities which undertake (on behalf of the Company or independently) to perform the activities referred to in paragraph 2 above or activities related to or instrumental thereto;
(d) consultants who assist the Company in various ways, in particular with regard to legal, tax, social security, accounting, organisational matters;
(e) any other entity to which the data must be disclosed pursuant to an express legal provision.
6. Communication and transfer of data
Subject to the express consent of the user, the data may be communicated and transferred to third companies that provide directly in the territory the service of delivery of the products through /Vending Machines, with the same processing purposes declared in this information by N-and Italia.
The list of these companies and their Data Processors is constantly updated and can be found by sending an email to coffeecapp AT n-anditalia.com
7. Extra-EU transfer of your Personal Data
Personal Data may be transferred outside of the European Union to countries where Vending Machines will be present in which you will be able to use Coffee cApp.
The updated list of non-European countries where data can be transferred can be obtained by sending an email to coffeecapp AT n-anditalia.com
8. Time of data processing and storage
The data will be kept for the time necessary to fulfil the above mentioned purposes in compliance with the legal terms, for the period corresponding to fiscal, accounting, administrative needs and to document our activity , as well as for responding to its data recovery needs.
The Data Controller will, in any case, process the Personal Data for a period not exceeding what is necessary for the purpose for which the personal data are processed, or for a longer period, for purposes permitted by law, and in any case deleted without undue delay.
9. Rights of the data subject
Under the GDPR, the user is entitled:
- access to personal data;
- to obtain the rectification or erasure of their personal data or restriction of processing of their own data
- to object to the processing of their own data;
- data portability;
- to withdraw consent (the information to be given to the data subject about the right to withdraw consent cannot, of course, concern cases where processing, for example, is necessary for the fulfilment of a legal obligation to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller);
- to lodge a complaint with the supervisory authority (Guarantor Privacy) http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524.
10. DATA PROTECTION OFFICER (DPO)
We hereby inform you that the Company has appointed a Data Protection Officer, also called Data Protection Officer (RPD).
DPO Email: email@example.com
For any reports you can write to the DPO by email or traditional mail addressing the request to the address of the Writer - to the attention of the DPO of N-And Italia S.r.l.
11. EXERCISE OF THE RIGHTS OF THE DATA SUBJECT
N-and IItalia and/or the third companies to which the data of the data subject have been lawfully transferred, will stop the processing, without delay, upon the receipt by the data subject of the request for withdrawal of the consent previously expressed. This revocation may also be made explicit in relation to profiling treatments (paragraph 2(c)), but the service shall remain active. These rights can be exercised by sending an email to coffeecapp AT n-anditalia.com or writing to N-and Italia S.r.l. - Via delle Gere 15, 24040 Pognano (BG) - Italy, or to one of the companies to which the data of the data subject has been transferred, subject to his explicit consent.
REQUESTS FOR CONSENT
Having noted the above information, I expressly consent to the processing of my personal data in the manner indicated above and for the following purposes:
for sending informative and promotional communications, including commercial communications, advertising materials and/or offers of goods and/or services, by any means (known and not), including, but not limited to, post, internet, telephone, e-mail, MMS, SMS by N-and Italia S.r.l.;
I agree [ ] I do not agree [ ]
for the elaboration and carrying out of studies and statistical and market research, for the analysis of tastes, preferences, habits, needs and consumer choices, with the purpose of profiling in order to provide a better service to the registered users of Coffee cApp, as well as for the detection of the degree of satisfaction on the quality of the products and services offered by N-and Italia S.r.l.:
I agree [ ] I do not agree [ ]
for the communication/transfer of data to third companies, including parent companies, subsidiaries and/or participations of N-and Italia, as well as by natural or legal entities contractually linked to N-and Italia and/or which, in any case, collaborate in commercial activities of N-and Italia, for the sending of their informative and promotional communications, including commercial, advertising material and/or internet mail and/or services offers
I agree [ ] I do not agree [ ]
The previous versions of the information provided by Venpay SpA are available by consulting the previous revisions on this site.
Data from the transferor Venpay S.p.A.
Data holder until the day of the extraordinary operation completed on 1 May 2022
via Don Giovanni Minzoni, 16
20056, Trezzo sul Adda (MI)
GDPR Privacy Contacts: firstname.lastname@example.org