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Terms and conditions

v.6 – 16.05.2019

1. DESCRIPTION OF THE SERVICE

Clouditalia Telecomunicazioni S.p.A. (hereinafter “Clouditalia”), with registered office in Via Piero Calamandrei 173 – 52100 Arezzo – Italy – will provide the Client with a telephony service for end users consisting in a pre-paid credit to be used for making national and international calls (until the credit runs out).

The credit can be used from any landline (public or private) or mobile.

This service allows you to create an Account through the website www.simfonia.com (hereinafter “the website”) to which the rechargeable prepaid credit will be associated. Log into your account to enable the users who can use the credit associated to your account. Every account is univocally associated to a 12-digit PIN.

To use the service, enter one of the access codes for indirect access through free phone numbers to reach the platform that manages the service. This platform verifies whether the requesting PIN has enough credit available and, if so, it enables the call.

This service can be used through Clouditalia software (hereinafter “the Software” and/or “the Application”) called Simfonia, which automates the communication with the service platform, thereby allowing the customer to make a call using the prepaid credit.

The Simfonia Application is available for all mobile devices with Android and Apple iOS operating systems and can be downloaded free of charge from the relative app stores. The use of the Service, Software, and Website is subject to the compliance with the following Terms and Conditions of use.

The Terms and Conditions of Use, Privacy Policy, and the information provided in the FAQ section of the Website (hereinafter “FAQ”), including the section related to Clouditalia’s specific rate plans (hereinafter “Rate Plans”), each of which is an integral part of these terms and conditions, constitute the “Terms and Conditions of Use” to which the use of the Service, Software, and Website is subject. Moreover, in order to use certain services, the Customer must comply with any contract, directive, or regulation applicable to said services, as well as with any additional terms and conditions contained therein and, of course, with the Terms and Conditions of Use. These contracts, directives, and/or regulations are incorporated in this document and in the Terms and Conditions of Use.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. UPON ACCESSING THE INTERNET AFTER DOWNLOADING AND USING THE SOFTWARE OR USING THE SERVICE provided through the PIN and the SIMFONIA Application, THE CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS OF USE AS THE ONLY LEGALLY BINDING ONES.

These Terms and Conditions of Use can be subject to changes at any time without prior notice, where said changes are enforced immediately upon publication. By accepting to comply with these Terms and Conditions of Use, the customer accepts to view them periodically and to be bound to any changes or amendments made to them. The Customer’s repeated use of the Service, Software, and Website, even after said changes, will be considered as the final acceptance of the amended Terms and Conditions of Use.

The following are an integral part of the Service:

  1. a) the association of a PIN corresponding to the prepaid credit on the Customer’s account for using the telephone services;
  2. b) the Application called Clouditalia Simfonia provided by Clouditalia, through which the possibility for the Customer to download and use the Software to automate the use of the prepaid credit is licensed (not sold) free of charge or after payment.

The Customer agrees to use the Service, Software, and Website solely for the purposes permitted by law.

Clouditalia’s rate plans, related to the prepaid credit associated to the PIN used by each customer through the Application, can be viewed at www.simfonia.com.

2. FEATURES OF THE SERVICE

The service does not replace the landline or mobile used by the Customer.

The Software does not support incoming calls.

When making a call through the Application, the Customer should see the Clouditalia mobile network Application on the display. If not, the Customer has not accessed the Software and the call will be charged at the provider’s rate.

The service is provided under the normal terms and conditions of use, in compliance with the laws in force and is subject to revocation or suspension, with or without prior notice, in the event that Clouditalia detects, at its sole discretion, that the Customer is using the Software excessively, in a nonconforming way, or is violating one or more of these Terms and Conditions of Use.

While using the Application, the Customer may incur extra charges – in relation to which Clouditalia will not be held liable – for roaming services or for accessing the mobile network, and surcharges included in the rate plan of the Customer’s provider.

These Terms and Conditions of Use constitute the set of provisions to which the use of the Service, Software, and Website is subject. Moreover, in using certain services other than this one, also accessible through the Software, the Customer must comply with any contract, directive, or regulation applicable to said services, as well as with any additional terms and conditions contained therein and, of course, with the Terms and Conditions of Use. These contracts, directives, and/or regulations are incorporated in this document and in the Terms and Conditions of Use. The Customer cannot accept these Terms and Conditions of Use in the event that (a) s/he is not legally authorised to use the Clouditalia Software, Services, and/or Websites in the country s/he resides in or (b) s/he is not of the legal age to enter into a binding contract with Clouditalia.

The Customer can use the Application solely through the Software and authorised operating systems. Clouditalia will not be held liable for the incompatibility of the device or of the download of an incorrect version of the Software for the same device.

Clouditalia reserves, at its sole discretion, the right to revoke the Licence to use the Software any time it is used fraudulently, unlawfully, or in such a way as to cause prejudice and/or damage to Clouditalia or third parties. The Customer agrees to use the Service solely for the purposes permitted by law. It is prohibited for the Customer to act or use the Application in a fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or in any unacceptable way, including, but not limited to any material or behaviour that could give rise to unlawful activities.

Should Clouditalia have any reason to suspect that the Customer is or was behaving in any of the ways above, it will be entitled, at its sole discretion, to: (i) deactivate or suspend the Customer’s account or use of the Software; and (ii) to forward said offensive material and/or information related to any objectionable behaviour, the communications between the Customer and Clouditalia, and the Customer’s personal details to the authorities for investigation and/or prosecution purposes.

THIS SERVICE IS NOT INTENDED FOR EMERGENCIES

The mobile network Application is not a replacement for having a phone. The Customer will not be able to use this Application for emergency calls, although s/he may be able to use his/her mobile to make the emergency call through a mobile provider. Emergency numbers, such as 112, or other international emergency numbers cannot be called through Clouditalia’s mobile network Application. Should the Customer try to dial one of these numbers using the Application, s/he will not be connected; therefore the operators will not be able to view the calling number, nor detect its location.

3. SERVICE ACTIVATION AND PROVISION – CREATION AND DELETION OF THE ACCOUNT.

To activate the Service/s, the Customer must sign up at www.simfonia.com.

Once the Customer has signed up, Clouditalia will notify the log in credentials of the Account to which the PIN to use the service is associated.

The Service is activated to all effects with the creation of the account and the association of the PIN.

Alternatively, the Customer can create an Account through the Application, using the “account Simfonia” control of the Application.

The Customer agrees to take all the measures to allow Clouditalia to activate the Service.

The contract is completed as soon as Clouditalia activates the Service once the Customer has signed up and created an Account. The Customer is responsible for the proper management of the standard configuration parameters and will be the sole responsible in the event of theft and/or the cloning of the Username and Password, which could generate frauds. In such cases, any paid traffic developed by the Customer’s Account and number/s will not be reimbursed. In the event of theft and/or cloning and to ensure security and the proper use of the Service, Clouditalia reserves the right to change the configuration parameters (Username and Password) provided during the activation stage. In any instance, the Customer indemnifies Clouditalia for any damage and/or compensation claims from third parties (including legal expenses) caused by actions attributable to the Customer’s Account. The Customer is responsible for verifying the registration profile entered in the Customer Area, checking the data it contains and updating them whenever necessary.

The Customer can delete his/her account at any time by contacting Customer Care at info.simfonia@clouditalia.com.

The Customer is responsible for protecting the confidentiality of data, such as PIN, Login, and password related to his/her Account. The Customer will be responsible for any use of his/her account whether authorised or not. The Customer agrees to report promptly any detected improper or fraudulent use of his/her account to Clouditalia’s Customer Care. The Customer agrees to pay any charge to his/her account with Clouditalia after its use, including but not limited to the use or abuse by unauthorised third parties, or any error, random or accidental use, or loss of data.

The Customer is not authorised to use his/her account with Clouditalia after its expiration, suspension, revocation, or deletion of the account or credit card. However, the Customer will still be responsible for paying any charge to the account with Clouditalia even after its expiration, suspension, revocation, or deletion in the event that said charges can be paid immediately. SHOULD THE APPLICATION BE DEFECTIVE, THE CUSTOMER WILL BEAR THE COST FOR THE NECESSARY REPAIRS.

Any charges to the Software account will conform to Clouditalia rates, possible promotional offers, Clouditalia’s terms and conditions, and to any other method specified in the price list or Website.

The use of the Software may involve the application, immediately or subsequently, of provincial, municipal, local, or governmental taxes, sales and use taxes, excise duties or VAT, personal property taxes, taxes on the provision of public services, or other taxes and charges in force now or in the future (hereinafter jointly referred to as “Taxes”). These Taxes are charges solely to the Customer. Clouditalia is entitled to charge any administrative expense for the use of the Software.

4. PURCHASE AND PAYMENT METHODS AND COSTS

The Activation of the service by means of the creation of the Account, association of the PIN, and download of the Software is free of charge.

Calls made to national and international geographical numbers, national and international mobile network numbers, and enabled non-geographical numbers are a paid service (the credit will be automatically deducted from the Customer’s Account based on the rates applied, which are available at www.simfonia.com). To use the Service, the Customer must have enough prepaid credit according to the type of call to be made.

Special rates and conditions for each offer are available on the Website. The credit available can be topped up with the payment methods made available at www.simfonia.com without any commission.

Should the credit available run out while the Customer is using the Service, Clouditalia will not be responsible for any suspension or interruption of the Service.

Clouditalia will not be responsible for any roaming costs, access charges, and surcharges that may be charged for the use of the Application. Such costs will be borne exclusively by the Customer. Clouditalia invites the Customer to contact his/her provider to this regard.

5. RATE INCREASES – SERVICE CHANGES

The rates applied are subject to periodic review as are the other technical and regulatory aspects of the Service.

Clouditalia will make reasonable efforts to notify the Customer about any changes to the rate plans or any other change for technical or regulatory purposes (legal requirements and/or regulations and/or provisions of the Authorities in charge). However, said notification will not be considered a preliminary condition to be met for the enforcement of such changes. Moreover, any charges for optional services the Customer subscribes to will be passed on to the Customer.

6. SUSPENSION OF SERVICE

In the event of failures to the network and/or to the equipment to provide the Service due to unforeseeable circumstances or force majeure, the Service can be suspended, in whole or in part, at any time without prior notice. The Service can be suspended also in the event of modifications and/or maintenance operations required to improve the Service.

To use the Service, the Customer must have enough prepaid credit according to the type of call to be made. Should the credit available not be enough, the Service will be suspended immediately, interrupting any ongoing call. Clouditalia will not be held liable for this. The Service will be automatically restored upon purchasing new credit without any additional costs for the Customer.

7. USING THE SERVICE

The Customer acknowledges and agrees to use the Service in compliance with these Terms and Conditions of Use.

Without prejudice to any other legal obligation or provisions contained in these Terms and Conditions, the User undertakes to:

  • protect, with the utmost attention and diligence, the secrecy and confidentiality of the configuration parameters (Username and/or Password), ensuring that any material or message entered in public areas of www.simfonia.com or that can be traced back to website in any form by virtue of the configuration parameters (Username and/or Password) is owned and/or within the user’s legal control; if not, the Customer undertakes to indemnify Clouditalia from any detrimental consequence. Moreover, the Customer undertakes to ensure that the material does not violate or breach any copyright, trademark, patent, or any other resulting right.
  • not to use the Services and not to allow it to be used in any way by subjects not expressly authorised by the Customer and, in any instance, not to allow third parties to use the Services to contravene, directly or indirectly, these Terms and Conditions, the Italian law, or the law of any other country.

Clouditalia is entitled to terminate the Service automatically pursuant to sections 10 and 12 below, and/or to suspend the Service, at its discretion, whenever there is reasonable evidence of a breach of the Customer’s obligations.

8. INDEMNITY

The Customer undertakes to indemnify Clouditalia against any loss, damage, liability, costs, charges, and expenses, including any legal expenses, should be borne by the company due to the breach of obligations and of the guarantees provided through the provision of the Service. Moreover, the Customer indemnifies Clouditalia against any action, right, or claim by third parties, which result from behaviours and/or omissions that can be attributed to the User, or from non-compliance with and/or breach of the provisions of these Terms and Conditions and of any of the User’s obligations arising from the acceptance of these Terms and Conditions.

9. CLOUDITALIA’S RESPONSIBILITIES

Clouditalia will make every reasonable effort to ensure continuity and quality in the provision of the Service.

In any event, Clouditalia does not guarantee the quality of the communaction, nor the perfect operation of the Software and does not take any responsibility to this regard.

Under no circumstance will Clouditalia, its subsidiaries, suppliers, partners, managers, directors, employees, and personnel, be held liable for any direct, indirect, incidental or consequential, punitive or particular damage, including but not limited to damage to the Customer’s mobile, lost profits, loss of business opportunities, absence from work, loss of programs or information, or any other direct and/or indirect damage of any nature arising from the use or the impossibility to use the Service, Software, and Website and/or any other other operation made available on or accessed through a link to the Website, even in the event that Clouditalia or its authorised representatives have been warned about the likelihood of the damage. Moreover, they will not be held liable for any claim for damages attributable to errors, omissions and/or other inaccuracies in the service provided and/or in the material or information downloaded or acquired from a link to the Website. By way of a non-limiting example, Clouditalia, its subsidiaries, suppliers, partners, managers, directors, employees, and personnel, will not be held liable for failed operation of the Software or delays in the operation of the Software, at any time or in every instance, of for any interruption of or decrease in the quality of voice quality caused by one of the following circumstances:

  1. a) incorrect use of the Service by the Customer; b) the Customer’s breach of these Terms and Conditions or applicable laws and regulations; c) actions and omissions by third parties; d) equipment, network, facility failures, delays, malfunction, suspension or interruption of the Service or unauthorised use of the Service; e) use of unapproved or unauthorised terminal equipment connected to the network according to the applicable standards in force (including laws and regulations concerning safety, fire and accident prevention); f) force majeure, including but not limited to strikes, fire, war, unrest, governmental interventions, lack or transfer of equipment, network, and facilities; g) Software, equipment, network, or facility failures caused by power outage; h) actions or omissions by the Customer and whoever uses the Software provided to him/her; i) any other cause beyond Clouditalia’s control, including but not limited to failed or unmade outgoing calls and the impossibility to connect or complete said calles.

Under no circumstance can Clouditalia’s liability for claim for damages, losses, damage or expenses, for whatever reason, exceed the amounts paid by the Customer to Clouditalia during the twelve months prior to the claim for damages with reference to the services that have specifically originated said claims.

10. ESPRESS TERMINATION CLAUSE

In the event of any breach of the obligations set forth in these Terms and Conditions, Clouditalia will be entitled to suspend and/or interrupt the Service pursuant to art. 1456 of the Italian civil code without owing anything to the Customer, without prejudice to any other rights of recourse and compensation.

11. CUSTOMER CARE – COMPLAINTS – REFUND REQUESTS – COMMUNICATIONS

The Clouditalia Customer Care service helps the Customer in communications, reports of any malfunction in the provision or use of the Services, clarification requests, and suggestions. The contacts are available at www.simfonia.com.

Any complaints, even related to incorrect charges, must be made to the Customer Care Service in writing at info.simfonia@clouditalia.com.

For complaints regarding incorrect deductions from the Customer’s credit, Clouditalia, upon ascertaining the merits of the complaint, will refund the amounts paid by the client in the form of additional phone credit associated to the Simfonia Account.

All communications will be sent to the email address provided by the Customer upon signing up. As for communications with Clouditalia, only communications via the Customer Care service available at www.simfonia.com, via email at info.simfonia@clouditalia.com, or via registered letter with return receipt at Clouditalia Telecomunicazioni S.p.A., Via P. Calamandrei, 173 – 52100 Arezzo will be taken into consideration.

Clouditalia will not be held liable for communications sent and not received by the Customer due to: – incorrect or invalid email address; – emails blocked by antispam filtres activated by: internet provider, e-mail server, centralised and/or local antivirus software; – malfunction or inaccessibility of the Customer’s email; – any inadvertence by the Customer.

12. WITHDRAWAL AND DEACTIVATION OF THE SERVICE

Pursuant to articles 55 and 64 of the Consumer Code, the Customer may withdraw from the service within 10 (ten) working days from its activation by writing to info.simfonia@clouditalia.com.

Any unused prepaid credit associated to the Simfonia PIN will not be refunded, but may be used should you create another account later on.

Notwithstanding the above, the Customer can deactivate the Service at any time by following the procedures indicated on the Website. Deactivation or withdrawal from the service does not involve the automatic deletion of the Account.

13. INTELLECTUAL PROPERTY AND LICENSE

The Customer will use the Service in compliance with Clouditalia’s intellectual and/or industrial property rights.

With specific reference to the restrictions for using the Software, we hereby list the following mandatory provisions:

SOFTWARE LICENSE

Provided that the Customer complies with the following Terms and Conditions of Use, Clouditalia grants a limited, non-exclusive, non-transferable, free licence to download and install the Software on a smartphone and for the personal use the Software through the Service. Clouditalia reserves all the rights not expressly granted by the Customer in compliance with these Terms and Conditions of Use.

RESTRICTIONS OF USE

The Customer acknowledges that it is prohibited to:

(a) sublicense, sell, assign, disassemble, decompile, or try to find out the source code of the Software, lease, rent, export, import, distribute, transfer, or grant rights on the Software to third parties;

(b) undertake, cause, allow, or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompilation, disassembly, decoding, emulation, hacking, research or attempt to research the source code or protocols of the Software or any other part or function (except as permitted by law);

(c) remove, obscure, or alter any proprietary rights notice or identification on the Software;

(d) use the Software or allow it (or part of it) to be used within other products or commercial services provided to third parties or to supply those same products and services. The above does not preclude the use of the Software for commercial communications;

(e) use the Software in any way other than through the user’s account, notwithstanding download and installation purposes.

The Software is a product by Clouditalia and/or relative suppliers protected by copyright. The use of said Software is subject to the following Terms and Conditions of Use. In compliance with these Terms and Conditions of Use, Clouditalia grants the Customer with the personal, non-exclusive, non-transferable, and non-assignable right through any license to use one (1) copy of the Software for the User’s personal use on each smartphone. Clouditalia, in its own name and on behalf of its suppliers, reserves all the rights pertaining to the use of the Software not expressly mentioned herein, including but not limited to, intellectual property rights. These terms and conditions apply even to updates to the Software that Clouditalia provides to the Customer.

TRADEMARKS

Trademarks, company names, logos, websites and domains of Clouditalia and its suppliers (hereinafter jointly referred to as “Trademarks”) are and remain exclusive property of Clouditalia, its subsidiaries and suppliers. These Terms and Conditions of Use do not, in any case, grant the Customer any right to use these Trademarks for whatever purpose.

COPYRIGHT

The Software, as any other material supplied by Clouditalia, is protected by copyright laws (hereinafter “Copyright”) and/or other standards concerning intellectual property. Any use for commercial purposes or any other unauthorised use of the Software is strictly prohibited without Clouditalia’s prior written consent. Any reproduction or further distribution of the Software not complying with these Terms and Conditions is prohibited by law and can be prosecuted civilly or criminally with serious consequences.

14. PROTECTION OF PERSONAL DATA – PRIVACY DISCLAIMER

Pursuant to article 13 of EU Regulation 2016/679 (GDPR), CUSTOMERS are hereby informed that the processing of the data provided by them to CLOUDITALIA is required in order to allow the latter, whether directly or through third parties, to fulfil the obligations arising from subscription to and subsequent provision of the service, or obligations connected thereto as provided by the Law and the applicable Regulations.

Data Processing means any operation or set of operations, executed with or without automated processes and applied to personal data or sets of personal data, such as the collection, registration, organisation, structuring, preservation, adaptation or modification, extraction, consultation, usage, communication by means of transmission, dissemination or any other form of provision, comparison or interconnection, limitation, cancellation or destruction. The data shall be processed using instruments that ensure the security as well as the confidentiality thereof and may also be conducted through automated instruments that memorise, manage and transmit the data itself.
The data controller is Clouditalia Telecomunicazioni Spa, a Single Shareholder company, represented by its legal representative, with registered office at Via Piero Calamandrei 173, Arezzo. Pursuant to article 37 of the GDPR, the Data Protection Officer (DPO) can be contacted at the certified e-mail address privacyclouditalia@legalmail.it or the address of the registered office indicated for the data controller, or by calling the telephone number 05751944401.

The persona data provided by you upon registration of your Account will be processed by Clouditalia for:
A) PRE-CONTRACTUAL, CONTRACTUAL PURPOSES AND FULFILMENT OF OBLIGATIONS AS PROVIDED BY THE LAW, REGULATIONS OR EU REGULATIONS
1) Checks prior to conclusion and execution of the Contract that may involve archiving of personal data provided by the interested party and usage thereof (the party interested in subscribing to the Services is required to first register on the website and crate an account, which involves sending an identification document to CLOUDITALIA based on which the latter will carry out checks prior to activating the service and CLOUDITALIA archives and uses the data for this purpose).
2) Creation of an Account and execution of the contract.
3) Provision of the Services requested as part of the Clouditalia Simfonia offer (including supplementary and optional services).
4) Communication of events which are strictly connected to the Clouditalia Simfonia service, such as, for example: communications relative to the functionality of the assistance and/or support service, payment status, blockage of the card, etc.
5) Management of the administration and technical parts of the contractual relationship (such as the billing of services, the handling of complaints and disputes, sending of service communications, collection of receivables, prevention of fraud and/or illegal activities, technical assistance and support);
6) Protection of credit, the prevention of fraud and/or illegal activities, including through banks and credit institutions, factoring companies or assignees of the receivables, professionals that provide support in the event of dispute, as well as for the implementation, under the control of the Sector Authority, control and monitoring systems for receivables which may be shared with other Operators.
7) Personal data will also be processed for fulfilment of obligations as provided by the law, a regulation, the European Union laws or an order of the Authorities and for statutory, accounting and tax purposes.
8) Exercise of the rights of the Controller (for example the right of defence in court).
The provision of personal data is required for the reasons indicated above and the processing thereof does not require the consent of the CUSTOMER. Any refusal to provide this data will result in the impossibility of initiating a contractual relationship and we will therefore be unable to provide the requested Services.
b) OTHER PURPOSES
1) Communication of new initiatives and commercial, promotional and advertising offers referring to the Clouditalia Simfonia Service or Services and sending Newsletters using automated instruments (e.g. e-mail, SMS, etc.) and/or traditional methods (such as telephone calls, ordinary mail, etc.)
2) Communication of new initiatives and commercial, promotional and advertising offers referring to the Services of Clouditalia Telecomunicazioni Spa and sending newsletters using automated instruments (e.g. e-mail, SMS, etc.) and/or traditional methods (such as telephone calls, ordinary mail, etc.)
We hereby inform you that in order to use the personal data for the purposes under point 1), letter b) and carry out the activities indicated therein, it is not necessary to request your consent if you have provided your e-mail account when registering your Account. Pursuant article 130, par. 4 of the Personal Data Protection Code (Legislative Decree 196/2003), where for the direct sale of its products or services, the data controller uses the email information provided by the party in question, the data controller is entitled not to request the consent of the latter party, provided that the products and/or services are similar to the products and/or service that were sold to the party.
We therefore inform you that by registering on https://www.simfonia.com/registration/ and providing your email information to create an Account in order to use the Clouditalia Simfonia service(s) or, subsequently, while the Clouditalia Simfonia Service(s) is/are in use by you, you are entitling the data controller to use the information you provided for the purposes under point 1) of letter b), without any additional consent being required from you.
We also inform you that upon receiving any communication that occurs for the purposes indicated under point 1), letter b), you are entitled to oppose processing by following the instructions provided with every message. This opposition can also be partial, referring to your wish to receive communications only via traditional instruments.
We inform you that as long as your Account has not been revoked, notwithstanding your right to oppose processing, you will receive the communications and Newsletters under point 1), letter b) above.

We hereby inform you that in order to use the personal data for the purposes under point 2) letter b) and carry out the activities indicated therein, you must provide your consent upon registration of your Account.
The personal data will be processed by specifically tasked Clouditalia personnel. For some types of processing, Clouditalia may also use third parties who must, in any case, follow the instructions specifically provided by Clouditalia to ensure the security and confidentiality of the date provided to them. The personal data shall be processed using instruments that ensure the security as well as the confidentiality thereof and may also be conducted through automated instruments that memorise, manage and transmit the data itself. Clouditalia is the controller of the data provided and is therefore responsible for any updates or amendments to the data, based on changes it is informed of.

Notwithstanding deletion of telephone traffic data which is not required for invoicing or management of the interconnection payment, pursuant to article 123 of the Personal Data Protection Code (Legislative Decree 196/2003), the data relative to the telephone traffic (including any Logs or location related information) will be preserved for billing or payment of the connections for a maximum period of 6 (six) months from the invoicing date, or the date the payment became due. However, in the event of a dispute, the data may be kept on file for a longer period, until the relative right has prescribed.
The telephone traffic data will moreover be preserved for a further 24 (twenty-four) months from the communication date, for ascertainment and prevention of crime. Data relative to unanswered calls is preserved for 30 (thirty) days. The “Preservation times” indicated above are pursuant to the indications of Legislative Decree 196/2003 (the Privacy Code), but may vary based on various European Directives that may be issued.
Currently, in implementation of article 20 of (EU) Directive 2017/541 issued by the European Parliament and Council on 15 March 2017 on combating terrorism, for ascertainment and repression of the crimes listed under articles 51, par. 3-quater and 407, par. 2, letter a) of the Italian code of criminal procedure, the preservation time for telephone and email traffic data and the data which is relative to unanswered calls is 72 months, in derogation of the provisions set forth in article 132, paragraphs 1 and 1-bis of the personal data protection code, pursuant to Legislative Decree 196 of 30 June 2003.
Except as specified above, the data will be preserved for the Purposes indicated under (a) until cancellation of the account through which the customer is always afforded the option of receiving services. Moreover, the ten-year periods during which only documents and the relative data of a statutory, accounting and fiscal nature can be preserved remain, pursuant to article 2220 of the Italian Civil Code, as it is applicable. The information collected for the purposes indicated under letter b) point 2 will be preserved for no more than 2 years from the date they were collected, or a shorter period, if the interested party revokes his or her consent.
The CUSTOMER hereby declares that he/she is aware of his/her rights pursuant to article 15 of EU 2016/679 and is in particular the CUSTOMER is aware of his/her right:
– to obtain confirmation of the existence or lack thereof of personal data concerning him/her, whether recorded or not, and notification of the data in an intelligible form;
– to obtain information regarding the original of the personal data, the categories of personal data processed, the preservation period of the personal data or, if not possible, the criteria used for determining this period, the purposes of and procedures applied to the processing, the logic applied if the data is processed using electronic instruments, the identification information of the data controller, the data processor designated pursuant to article 37, the individuals or categories of individuals to whom the personal data may be communicated or which could become aware of the data in their capacity as the designated representative in the Country, parties who are responsible or in charge, and if the information is transferred to a third country or an international organisation, the right to be informed of the existence of adequate guarantees pursuant to article 46, relative to the transfer of the data.
– to ensure the updating, correction or, if necessary, integration of the data, deletions, transformation into anonymous form or blocking of data which is processed in violation of the law, including when preservation is not necessary in relation to the purposes for which the data was collected or subsequently processed, the limitation of the processing of personal data that refers to the customer or to oppose processing thereof;
– to wholly or partially oppose processing of personal data that refer to him or her, even if referring to the purpose of the collection, the dispatching of advertising material or for direct sales efforts or for market research surveys or marketing communications;
– to lodge a complaint with a competent authority.
The deletion or amendment of the data will take place according to the technically required times for each of the services listed. You may exercise the rights described above by sending a request via registered letter to the following address: Clouditalia Telecomunicazioni Spa a Socio Unico – Via Piero Calamandrei 173 – 52100 Arezzo; or via certified email to nimbus2011@legalmail.it.

15. ATTEMPT AT CONCILIATION AND JURISDICTION

In the event of disputes, which may arise between Clouditalia and the Customer, concerning the validity, enforceability, interpretation, and execution of the contract, the criteria, terms and conditions, and methods for the non-judicial resolution of disputes established by the Communications Authority will apply. In particular, for the disputes above, identified by the provisions of the Authority, no court action can be initiated before a mandatory attempt at conciliation, pursuant to Resolution No. 173/07/CONS and subsequent amendments and additions. To this end, the deadlines for taking legal action are suspended until the expiry of the deadline for the conclusion of the conciliation process.

Notwithstanding the above, any dispute arising from the contract, in the event that the Customer is not a consumer, being a natural person acting for purposes unrelated to his/her entrepreneurial or professional activity, as defined in art. 1469b of the Italian civil code, will be settled by the Court of AREZZO, which has exclusive jurisdiction, therefore excluding any other court. Otherwise, in the event that the Customer is a consumer that meets the definition above, the exclusive jurisdiction will be of the court in the place of residence or the chosen domicile of the consumer.

16. FINAL PROVISIONS

Clouditalia does not guarantee that the Software is completely exempt from errors or that it works without data loss and interruptions, nor does it ensure internet connection and data transmission. Information published on the Website or in other materials may contain technical inaccuracies or typos. The information above can be modified or updated without prior notice. Moreover, Clouditalia is entitled to improve and/or modify the Software at any time without prior notice. Any statement or description regarding the Service, Software, and/or Website by Clouditalia, its personnel or partners are for informational purposes only and do not provide a guarantee of any kind.

The Software and any type of Application provided by Clouditalia for mobile devices are supplied “as available”.

CLOUDITALIA DOES NOT ISSUE ANY GUARANTEE, WHETHER EXPLICIT OR IMPLICIT, AND DOES NOT PROVIDE ANY STATEMENT OR APPRECIATION OF ANY KIND (INCLUDING BUT NOT LIMITED TO GUARANTEES REGARDING TRANSFER AND NON-INFRINGEMENT RIGHTS, IMPLICIT GUARANTEES OF MERCHANTABILITY OR COMPATIBILITY WITH A CERTAIN PURPOSE) WITH REFERENCE TO THE SOFTWARE OR ANY OTHER MOBILE APPLICATION SUPPLIED.

The Software may be subject to international standards that govern its export. The Customer must comply with all the national and international laws applicable to the Software, as well as with all the restrictions concerning the end Customer, end use and intended use established by local governments or similar bodies and with the restrictions established for countries under embargo.

Any reason for taking legal action or for claim for damages the Customer may have in relation to the Software must be initiated within one (1) year from said claim or from the occurrence of the cause of the legal action to prevent their rejection. The absence of a claim of breach of any of the provisions of these Terms and Conditions of Use will not be deemed a waiver of the rights and privileges under said Terms and Conditions. No provision of these Terms and Conditions of Use can be modified by the course of action taken by the parties or by trading practices. Pursuant to these Terms and Conditions of Use, Clouditalia is entitled to grant its rights and duties to third parties at any time without giving the Customer any prior notice.

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read carefully and to accept the following items of the Terms and Conditions of Use: 1. DESCRIPTION OF THE SERVICE; 2. FEATURES OF THE SERVICE; 3. SERVICE ACTIVATION AND PROVISION – CREATION AND DELETION OF THE ACCOUNT; 4. PURCHASE AND PAYMENT METHODS AND COSTS; 5. RATE INCREASES – SERVICE CHANGES; 6. SUSPENSION OF SERVICE; 7. USING THE SERVICE; 8. INDEMNITY; 9. CLOUDITALIA’S RESPONSIBILITIES; 10. EXPRESS TERMINATION CLAUSE; 11. CUSTOMER CARE – COMPLAINTS – REFUND REQUESTS – COMMUNICATIONS; 12. WITHDRAWAL AND DEACTIVATION OF THE SERVICE; 13. INTELLECTUAL PROPERTY AND LICENSE; 14. PROTECTION OF PERSONAL DATA – PRIVACY DISCLAIMER; 15. ATTEMPT AT CONCILIATION AND JURISDICTION; 16. FINAL PROVISIONS.