Orastron Website — Terms of Use

Welcome to the ORASTRON website (the "Website"). These Terms of Use oversee your use of this Website (https://www.orastron.com/) and its contents. The terms "ORASTRON," "we," "us", and "our" refer to: Orastron srl unipersonale, registered office in Via Pasquale Voso, 20/D — 84043 Agropoli (SA), Italy, VAT ID IT05975760652, e-mail: info@orastron.com.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE, THE ORASTRON COOKIE POLICY AND PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS WEBSITE.

1. Registration, Information

You must register on this Website in order to use some of the ORASTRON services, such as software licenses, forums, blogs, communities, feedbacks, etc. If you only wish to browse this Website, registration is optional.

Registration and services may be regulated by supplementary User Terms of Services; in case of conflict, these supplementary Terms shall prevail.

You may contact us in order to obtain information about our Website, business, and services, by using the contact info provided on this Website or on ORASTRON's social media webpages (hosted by third parties). Your personal data shall be processed for the purpose of addressing and responding to your requests in accordance with our Privacy Policy.

2. Age of Users

Children under the age of 18 may not use this Website. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to permanently remove such information from our files.

3. Non-commercial Use

This Website and its contents are for your own personal non-commercial use only, excluded what could be regulated in eventual further Licenses or Terms of Services.

4. Data Protection

By using this Website you agree to our Cookie Policy, which you can review at any time by clicking on the "Cookie policy" link on the Website. Personal data collected are processed in accordance with our Privacy Policy.

5. Admitted Use of this Website

You may use ORASTRON Website for lawful purposes only and in compliance with the applicable laws.

While accessing and using this Website, the following is not permitted for any reason whatsoever:

1. Abusive Behaviour: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
2. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without data subject's written permission. Do not cooperate in or facilitate identity theft.
3. Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, Sections, or other works of authorship without the written permission of the copyright holder.
4. Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial-of-service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or Website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
5. Spam: Do not send bulk unsolicited e-mails ("Spam") or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way.
6. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
7. Violations of Law: Do not violate any law.

Therefore, you undertake not to copy, reproduce, alter, modify, or disclose the contents of the Website in a way other than the ones specified in these Terms of Use without ORASTRON's express written permission or the permission of any third parties owning rights on such contents.

6. Admitted Use of ORASTRON's community, forum, blog, etc., your content

You may use ORASTRON online services (community, blog, forum, feedback, etc. — that is, any service on the Website where you can interact, comment, publish, reply to ORASTRON or other users) for lawful purposes only and in compliance with the applicable laws.

You may be allowed to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("content") — you are responsible for this content that you post on or through the Website, including its legality, reliability, and appropriateness.

About that content, you represent and warrant that the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and that the posting of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

You retain any and all of your rights to any contents you submit, post, or display on or through the Website and you are responsible for protecting those rights. ORASTRON takes no responsibility and assumes no liability for that content. By posting content using the Website you grant us the right and license (without termination, worldwide, unconditionally) to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Website. You agree that this license includes the right for us to make your content publicly available to other users of the Website.

ORASTRON has the right but not the obligation to monitor and edit all content and information provided by Website users.

You grant to ORASTRON a perpetual, free of charge, worldwide, non-exclusive license about your information and contents in order to publish them on the Website, so ORASTRON may freely modify, edit, cut, or exercise any other possible right deemed necessary or appropriate by ORASTRON (e.g., technical conversion in different format in order to adapt the content to the Website features).

We reserve the right to terminate the account and/or delete some or all of your content if you are found to be infringing this agreement (especially sections 5, 6, or 7) or any other applicable rules.

7. User Account

If permitted by ORASTRON in order to access and use any contents/services, you may create one account (not multiple, if not agreed by ORASTRON) on the Website. You guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and any related services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

8. Intellectual Property Rights

ORASTRON and its suppliers reserve all rights under intellectual property law in ORASTRON Website and in any content that is on this Website, including all copyrights, patents, trademarks, logos, service marks, trade secrets.

Hereby ORASTRON grants you a non-exclusive, non-transferable, personal, limited right to the extent necessary to access, use, and display this Website and materials contained herein and/or to learn about ORASTRON services and opportunities. This authorization is not a transfer of title to the Website and materials contained herein. ORASTRON reserves all rights in the Website and its content that have not been expressly granted to you.

Except as otherwise expressly stated by ORASTRON in writing, you may not reproduce, reprint, publish, reverse-engineer, or otherwise exploit contents or technologies from ORASTRON or its suppliers on the Website without our express prior written consent.

ORASTRON may sell or anyway distribute products or services (e.g., software) on the Website, granting licenses about permitted uses. In this case, you should accept and refer to these licenses about any related rights and usages.

9. Changes to ORASTRON Website

We may discontinue or change any ORASTRON Website content, service, function, or feature at any time with or without notice.

We may change the Terms of Use at any time. You can review the latest version of the Terms of Use by clicking on the Website's "Terms of use" link. If you continue to use this Website after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

10. Third Party Websites and Advertisers, Links

ORASTRON may include on this Website links to third party websites. You acknowledge and agree that we are not responsible or liable for any content or other materials on third-party Websites. You also agree that we are not responsible for any content supplied or claims made by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that ORASTRON is not responsible for any claim or loss due to a third-party website or to any advertiser. Any external links to this Website shall not be deemed as agreed by ORASTRON, not liable for any third-party linking.

11. Termination

ORASTRON may terminate or suspend your account and Website access immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply ask for account deletion to ORASTRON.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Any information and/or content you may have published on the Website (e.g., on forums, blogs, communities, feedbacks, etc.) may be retained published on the Website, even after your contractual termination, unless compelling reasons (e.g., law infrigement).

12. Disclaimer of Warranties

We provide this Website and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Website. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE WEBSITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Some jurisdictions do not permit disclaimer of implied warranties, so you may have additional consumer rights under your local laws.

13. Limitation of Liability

You may not assert claims for money damages arising from this Website or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages, even if we knew or should have known of the possibility of such damages. Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Website.

15. International Use

We make no representation that content on this Website is appropriate or available for use in locations outside the European Union. If you choose to access this Website from a location outside the European Union, you do so on your own initiative and you are responsible for compliance with local laws.

16. Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Italy govern these Terms of Use, its subject matter, your use of this Website. Any claim or dispute that you may have against us shall be subject to the exclusive jurisdiction of the courts in Milan (Italy), without regard to its conflict of laws rules. You acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

17. Severability and Integration

This contract and any supplemental terms, policies, rules, and guidelines posted on this Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. Claims of Copyright Infringement

If you believe that your content has been copied and is accessible on this Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

Revision Date: May 25th, 2022.

Orastron Website — Privacy Notice ex Artt. 13-14 Reg. EU 2016/679 ("GDPR") — January 2023

Premises

In compliance with EU Reg. 2016/679, Italian Legislative Decree 196/2003, and related regulations, in order to correctly manage the contractual relationship, Orastron srl unipersonale (Data Controller) may process your personal data (if concerning a legal person, also in relation to natural persons who are workers or similar positions in the other Party) for the purposes and in the manner specified below.

a)
    Purposes: agreement and performance of the contractual and pre-contractual relationship, with related administrative and accounting purposes, including possible double opt-in verification process; included are nickname, avatar, comments and any other information/content you are allowed to publish on the Website.
    Legal basis and consequences in case of refusal: performance of a contract, in case of refusal it will not be possible to agree and perform the contract.
    Retention period: up to three months after the termination of the contractual relationship or the pre-contractual requests; about avatar, nickname, comments, and any other information you published on the Website, they shall not be deleted after the contractual termination unless for compelling reasons (e.g., law infringement).
b)
    Purposes: compliance with laws or regulations, including for administrative and accounting purposes relating to contractual performance (e.g., compliance with copyright to be recognised as an author).
    Legal basis and consequences in case of refusal: regulatory obligation, in case of refusal the penalties provided for by the law will apply, so there will be no contractual relationship.
    Retention period: up to the duration foreseen by the applicable laws.
c)
    Purposes: establishment, exercise, or defence of legal claims.
    Legal basis and consequences in case of refusal: legitimate interest pursued by the Data Controller, considered overridden pursuant to Article 21 GDPR.
    Retention period: for a maximum of 10 years pursuant to art. 2946 of the Italian Civil Code or up to the maximum prescription term.
d)
    Purposes: IT security and networks security.
    Legal basis and consequences in case of refusal: legitimate interest pursued by the Data Controller, considered overridden pursuant to Recital 49 GDPR.
    Retention period: for a maximum of 6 months unless further use for rights' protection.
e)
    Purposes: reproduction and usage of the image and/or the voice and/or the name (if applicable).
    Legal basis and consequences in case of refusal: explicit consent, in case of refusal it will not be possible to have a contractual relationship.
    Retention period: for the entire duration of the contents exploitation incorporating the image and/or the voice and/or the name, except for the possible withdraw of the consent.
f)
    Purposes: marketing online communication via e-mail, newsletter, etc., about Orastron business activity and products.
    Legal basis and consequences in case of refusal: consent, in case of refusal it will not be possible to receive marketing communications.
    Retention period: for a maximum of 24 months, unless consent withdraw; in case of newsletter, until consent withdraw.

A) Processing Methods

In general, the processing will be carried out using hardcopy, IT, telematic, or other telecommunications systems, in order to guarantee the security and confidentiality of the data, as well as full compliance with the law.

Data Categories: common data (excluding special data — e.g., health data — or relating to criminal convictions and offences; if you provide any kind of not requested data, the Controller shall not process them except deletion); possibly (if required by Controller website feature, as avatar or nickname) also the image, the nickname, and your comments/texts/contents as provided by you.

Data Sources: the data subject (you).

B) Data Recipients

The data will not be disclosed but may be communicated to recipients of data processor or separate controllers or joint-controllers, in particular:

    a. in case of payment, to the banking or payment services which are used for payment transactions, as well as to their operating employees, for administrative and accounting management of the contract/report, and for the checks concerning the payments performance purposes only;
    b. to companies and professional advisors or consultants or services of Data Controller carrying out its business activities, in particular lawyers, tax and employment advisors, auditors, shippers, IT and security consultants, IT and application service providers (also for cloud storage and e-mail; for the cloud and e-mail services our provider is Serverplan srl società unipersonale, with headquarters in Italy);
    c. to any contractors and subcontractors for the contractual performance, as well as the contractors who collaborate with the Data Controller for contractual duties;
    d. to public bodies or legal authorities if imposed by applicable regulations or following a request by the authority itself;
    e. in case of image/avatar, nickname, comments and any other similar information/content you may provide and publish on the Website, they may be disseminated and disclosed to any Internet users or registered Website users, case by case as previously alerted/notified by the Controller on the Website.

Unless otherwise indicated, the recipients will not be established outside the European Community or in any case in countries that not ensure an appropriate level of protection. The data will not be transferred or processed outside the European Community or any other place deemed not appropriated; in case of extra-UE data transfer, they shall comply with articles 45-49 GDPR; if appropriate safeguards are applied, e.g., standard contractual clauses, they may be completed by supplementary measures.

C) Third-Party Data

If you are a natural person, what is provided here applies to the processing of your personal data. In case of third parties data provided by you, you warrant that these natural persons have been made aware of this notice, delivering it to them in durable medium and collecting the relative consent (if due), holding harmless the Data Controller from any third party liability or claim.

D) Rights Pursuant to Articles 15-22 GDPR

You can exercise the following rights at any time:

    a. the right to request access to personal data to Data Controller, requesting confirmation of their existence as well as the rectification or erasure or the restriction (temporary) of processing that concerns the data;
    b. THE RIGHT TO OBJECT AT ANY TIME TO PROCESSING FOR REASONS CONNECTED WITH HIS/HER/ITS PARTICULAR SITUATION IN THE EVENT OF: I) NECESSARY PROCESSING FOR THE EXECUTION OF A TASK CARRIED OUT FOR REASONS OF PUBLIC INTEREST OR II) LEGITIMATE INTEREST;
    c. in case of given consent for one or more specific purposes, the right to withdraw this consent(s) at any time;
    d. the right to data portability (if the legal basis is contractual performing or consent) by request to the Data Controller, by means of communication of a file in .CSV format, or similar interoperable open format, or in the format originally used by you, depending on the kind of data;
    e. the right to lodge a complaint with the following Supervisory Authority: Garante per la Protezione dei Dati Personali (https://www.garanteprivacy.it/) if in Italy; in any case, the right to alternatively lodge a complaint with the competent data protection authority of the Member State where the data subject habitually residence, place of work, or the place where the alleged infringement.

The processing takes place by automated means which do not determine the profiling of the data subjects.

E) Data Controller

Orastron Srl unipersonale, registered office in Via Pasquale Voso, 20/D — 84043 Agropoli (SA), Italy, VAT ID IT05975760652, e-mail: info@orastron.com.