January 2009
The onthemove.autogrill.com Community is a service (hereafter the
“Services”) offered by Autogrill enabling people to share information
and editorial content on various themes; the service is totally open to
contribution from all navigators.
Autogrill Spa is a provider of food & beverage and
retail services for travellers based in Rozzano (MI) - Centro
Direzionale Milanofiori Strada 5, Palazzo Z (hereafter “Autogrill”).
Services are designed so that users may register with the Community
and contribute to the development of themes of interest by contributing
content (multimedia). The Services offered by Autogrill include access
to areas reserved for subscribers to the Community website, onthemove.autogrill.com, and to services, applications and content
placed on the site from time to time.
The Services are provided by servers located in Italy.
1. General conditions of use of the Services.
These conditions of use (referred to hereafter as the “Contract”)
define the legally binding terms that discipline use of Services. In
using the Services, the User agrees to be bound by the conditions of
this Contract in his/her capacity as both “Visitor”, meaning a person
who merely views the content of the onthemove.autogrill.com website, and
“Subscriber”, meaning a user registered with onthemove.autogrill.com. On
registering, a subscriber may create a personal profile in the onthemove.autogrill.com Community.
The term “User” may indicate either Visitor or Subscriber.
Use of the Services is only allowed if the User abides by all the
applicable laws and this Contract. Users must carefully read and keep
the current version of the Contract. If a User does not accept the
conditions of the Contract, he/she must disconnect from the onthemove.autogrill.com website and immediately stop using the Services.
To become a Subscriber, communicate with other Subscribers and use the
Services, the User must read this Contract and during the registration
procedure declare his/her acceptance of its terms and conditions.
Autogrill reserves the right to periodically modify this Contract.
Modifications shall take effect upon being published on onthemove.autogrill.com. If a User does not agree with the modifications
made, he/she may cancel his/her subscription to the Services. It is
important for the User to periodically reread this Contract to see any
updates to it. Use of the services in any case entails acceptance of
any modifications made.
The User’s profile that will be published and visible on onthemove.autogrill.com must not include any of the following
information: phone numbers, addresses or surnames. Also forbidden are
images and text of a pornographic or obscene, violent, offensive or
sexually explicit nature or that may be considered in any other way
improper
2. Requisites for use.
In using the Services, the User represents and warrants that (a)
all the information sent is truthful and accurate, (b) information
shall be kept up to date, (c) he/she is at least 14 years old and (d)
his/her use of the Services is not in breach of any applicable law or
regulation.
If Autogrill believes a User to be under 14, it reserves the right to
eliminate the User profile and cancel his/her subscription without
notice.
3. Duration and cancellation
a) This Contract shall remain fully binding and
efficacious for the entire duration of use of the Services or of the
subscription.
b) The User may cancel his/her subscription at any time and for any
reason by following the instructions in the Subscriber Account settings
page.
c) Autogrill reserves the right to cancel, at any time and without
notice, the subscription of any User who breaches the conditions of
this Contract and deny such User access to onthemove.autogrill.com.
4. Password.
During subscription, the User will be asked to choose a password. The
confidentiality of the password is the exclusive responsibility of the
User. The User undertakes not to use the account, user name or password
of another Subscriber or divulge his/her own password to 3rd parties.
The User agrees to immediately inform Autogrill of any non-authorized
use of his/her account or access to his/her password by 3rd parties.
The User is fully and exclusively responsible for use of his/her
account.
5. Prohibition of commercial use by Subscribers.
The Services are designed for personal use by both Subscribers and
other Visitors and may not be used for any commercial purposes except
those specifically approved in writing, beforehand, by Autogrill. It is
forbidden to make unlawful and/or unauthorized use of the Services or
the material provided by them, including collection of user names
and/or e-mail addresses of other Subscribers with electronic or other
means for the purpose of sending unsolicited mail, unauthorized framing
or the creation of links external to onthemove.autogrill.com. Commercial
advertisements, links to affiliated companies and other forms of
promotion may be removed without notice from Subscriber profiles and
may lead to cancellation of the subscription and termination of the
Contract as per art. 2 above. Legal action may be taken against any
Subscribers or Visitors who make illegal or unauthorized use of the
Services.
6. License to use content.
User grants Autogrill an unlimited, perpetual, free of charge and
non-exclusive license to publish on onthemove.autogrill.com content
entered by User him/herself and to carry out all operations and
processing necessary and designed for such publication, including
storage. At the same time, User represents and warrants that (i) he/she
is the owner of the Content published via the Services and/or is
otherwise entitled to use them, (ii) publication of content via
Services does not constitute a breach of the intellectual property
rights of 3rd parties, (iii) the images and/or content do not infringe
on the rights safeguarded by decree law 196/03 on the confidentiality
of personal data (privacy law), (iv) to the best of his/her knowledge,
they do not infringe on any other rights of 3rd parties. User
undertakes to pay any copyright, taxes or other sums of money due to
3rd parties in relation to publication of content via the Services,
including any legal expenses incurred by Autogrill in relation thereto.
7. User’s liability.
The User is the only person liable for the material, images and/or
any content in general published on onthemove.autogrill.com via the
Services and of material or information transmitted to other
Subscribers and of interaction with other Users. User shall be liable
in respect of such images, information and/or content and must
therefore take utmost care in choosing information to publish on onthemove.autogrill.com or supply to other Users. Notwithstanding the
prohibitions in this Contract, information or content published by
other Users of onthemove.autogrill.com, for example in their personal
profiles, might contain text, images or other material which is
inappropriate, offensive or sexually explicit. If a User becomes aware
of an improper use of the Services, he/she must inform Autogrill using
the link for signalling improper content, to be found at the bottom of
all onthemove.autogrill.com pages. In communications with other Users
while using the Service, User undertakes to use language that is not
offensive, obscene, violent, improper or that might offend, insult,
denigrate or otherwise improperly refer to other Users.
8. Autogrill’s powers.
Autogrill may its own unquestionable discretion eliminate any
content that constitutes a breach of this Contract or that it deems
offensive, illegal, violent, detrimental to other people’s rights or
that represents damage or threat to anyone’s safety (see list in art. 9
hereunder), and may at the same time terminate the contract and deny
access to the Services by Users that publish such information or
content. Autogrill further reserves the right to eliminate any content
it deems to be outside the thematic and functional scope of the site.
Autogrill reserves the right, at its own unquestionable discretion, to
deny or prevent the publication of a User’s content or remove already
published content (including private messages) and limit, suspend or
cancel a User’s access to all or some of the Services at any time.
9. Prohibited information, activities and content.
Listed below (by way of example only) are certain types of content
that are illegal, improper or offensive and whose publication via the
Services is forbidden. Autogrill does not allow publication of material
with content which in its unquestionable opinion:
1. is openly offensive, is an incitement to racism,
intolerance, hatred or physical violence against any group, community
or individual;
2. molests or is an incitement to molest other people;
3. encourages the exploitation of persons for sexual purposes or in violent ways;
4. contains material that is pornographic, violent or offensive or that includes links to adult websites;
5. requires the personal data of minors;
6. includes phone numbers, addresses, surnames, URLs or e-mail addresses;
7. includes notoriously false or misleading information or instigates
others to illegal activities or behaviour that may involve abuse,
threats, obscenities, defamation or calumny;
8. instigates unlawful or unauthorized copying of works by 3rd parties
protected by copyright, eg. offers of pirate software or links to such
programmes, offers of information on how to deactivate producers’ copy
protection devices or offers of pirate music or links to files
including same;
9. implies transmission of unsolicited mail, unsolicited “chain” or
mass mailing, instantaneous messaging, spimming or spamming;
10. includes pages whose accessibility is limited or requires a
password or hidden pages or images or that aren’t linked by/to other
accessible pages;
11. incites or instigates to unlawful activities or ventures or that
provides information and/or instructions relating to illegal activities
including, by way of example, fabrication or purchase of weapons banned
by law, violation of the privacy of other persons or the creation or
diffusion of computer viruses;
12. requires of other Users passwords or personal data allowing them to
be identified for purposes that are commercial or in breach of current
legislation;
13. implies activities that are commercial and/or connected with sales
without prior written approval from Autogrill, eg. prize competitions,
lotteries, exchanges, advertising or pyramid schemes;
14. includes photos of other people published without the consent of the person appearing in the image;
15. in connection with profiles of bands and directors, uses images
with a sex background or any other content that is dishonest,
misleading or false to draw traffic to that profile.
Also forbidden are:
A) All illegal or unlawful activities including child pornography,
fraud, exchange of obscene material, drug trafficking, gambling,
threats, molestation, spamming, spimming, transmission of viruses or
other harmful files, breach of copyright or patent rights or theft of
trade secrets.
B) Publication or placing on the site using any method or technique of
images, photos, films or music files belonging to 3rd parties and/or in
any way protected intellectual property rights or copyright or patents
of 3rd parties other than the User;
C) Publication or placing of trademarks, distinctive marks, logotypes,
drawings or models that are the property or are subject to the
exclusive rights of 3rd parties other than the User;
D) Advertisements or promotions addressing any User and inviting
purchase or sale of any product or service via the Services. A User may
not send chain mail or unsolicited mail to other Subscribers. Even use
of any information obtained via the Services for the purpose of
contacting, advertising, promoting or selling products or services to
other Subscribers without their explicit consent is an infringement of
the rules set forth above.
E) Blacking out or other concealment of advertising banners on a User’s
personal profile page or any onthemove.autogrill.com page using
HTML/CSS code or any other mean.
F) Any automated use of the system, including the use of script to add friends or send comments and messages.
G) Interference with or interruption or overloading of the Services or the networks or services linked to the Services.
H) Attempts to impersonate another Subscriber or anyone else.
I) Use of the account, user name or password of another Subscriber,
disclosure of your own password to 3rd parties or granting 3rd parties
permission to access your account.
J) Sale or transfer under any title of one’s profile.
K) Use of any information obtained via Services for the purpose of threatening, abusing or damaging other people in any way.
L) Display of promotional messages in your profile or asking others for
remuneration (cash or otherwise) in exchange for carrying out via the
Services any commercial activity on their behalf, eg. for placing
commercial content in the Subscriber profile, sending post in blogs or
BBS messages for commercial purposes, selection of a profile with a
commercial purpose as one of the “Top 8” friends or sending private
messages for commercial ends.
M) Use of the Services in any way not allowed by applicable laws and regulations.
10. Disputes between Subscribers.
The User is the only person responsible for interaction with other
users of onthemove.autogrill.com. Autogrill SpA reserves the right, but
is under no obligation, to monitor discussions between Users for the
purpose of guaranteeing decency in such communications.
11. Limited liability.
Publication on onthemove.autogrill.com is not subject to any prior
approval or control on the part of Autogrill and published content does
not necessarily reflect Autogrill’s opinions or criteria. Autogrill
does not issue any guarantee, either express or implicit, as to the
accuracy or reliability of content posted by Users or material or
information or messages sent between Users. Save for legal limitations,
Autogrill declines all responsibility in respect of content published
via the Services. Profiles created and published by Subscribers may
include links to other websites. Autogrill declines all responsibility
regarding the content, accuracy or opinions expressed in such websites
and carries out no analysis, monitoring or control of such sites. The
presence of a link to a website via the Services does not imply
endorsement or approval of that site on the part of Autogrill. Users
access 3rd party sites at their own risk. Autogrill declines all
responsibility for 3rd party advertisements published by onthemove.autogrill.com or carried via the Services and for goods and
services provided by advertisers. More generally, Autogrill declines
all responsibility for the behaviour, whether on- or off-line, of Users
of the Services.
Further, Autogrill declines all responsibility for errors, omissions,
interruptions, cancellations, defects, operating or transmission
delays, communication line failures, theft, destruction, unauthorized
access or alteration of any communication made by Subscribers or Users.
Autogrill declines all responsibility regarding any technical problems
or inconvenience in phone networks or lines, on-line computing systems,
servers or providers, IT equipment, software, errors in e-mails or
reproduction software due to technical problems or high traffic levels
on the Internet affecting Services or a combination of the two.
The aim of this document is to inform you that Autogrill is committed
to guaranteeing the confidentiality of the data and information
provided by users of the community access Service by keeping its own
privacy protection policies in line with personal data protection
legislation.
To operate the Service properly, our Company needs to acquire certain data regarding you, the user.
We must therefore inform you, pursuant to art. 13, decree law 196/03,
about the use of your personal data that the Service entails and about
the rights that users of the Service may exercise under art. 7, decree
law 196/03.
In particular, the personal data required of the user are: name, surname, age, nationality and company.
Data provided will be used by Autogrill S.p.A. for the purpose of monitoring access to the Service by our users.
Such data will only be used with the methods and procedures strictly
necessary for said monitoring and control of access to the Service.
We therefore invite you to give your consent to treatment of the data required for your access to the Community.
Provision of the data is optional but withholding it will mean it is impossible for us to provide the Service
The data will be processed by the processing manager and subjects
specially engaged by Autogrill for the exclusive purposes of providing
the Community service.
The data will not be made public in any way.
You may exercise your rights under art. 7, decree law 196/2003 at any
time. This means you may: obtain information about the data regarding
you; obtain the erasure or blocking of such data or its updating,
correction or integration and also the issue of a statement that such
operations have been notified to the recipients of your data; object,
for legitimate reasons, to processing of such data; object to
processing for commercial or advertising or market research purposes.
To do so, you should contact the personal data Processor, in the person
of: Il Responsabile del Trattamento dei Dati Personali, c/o Autogrill
SpA - Centro Direzionale Milanofiori - Strada 5 Palazzo Z - 20089
Rozzano (MI).
The processing Controller is: Autogrill S.p.A. - Centro Direzionale Milanofiori - Strada 5 Palazzo Z - 20089 Rozzano (MI).
For further clarification on your right of access to your own personal
data, here is the full text of art. 7, decree law 196/03.
Art. 7, decree law 196/03
1. The data subject is entitled to obtain confirmation of the
existence or non-existence of personal data regarding him, even if not
yet registered, and to receive communication of such data in an
intelligible form.
2. The data subject is entitled to obtain the following information:
a) origin of the personal data;
b) purposes and methods of processing;
c) logic applied in the case of electronic processing;
d) identification details of the data controller, the processors and
the representative designated in accordance with the provisions of art.
5, clause 2;
e) subjects and categories of subjects to whom personal data may be
disclosed or who may gain knowledge of such data in their capacity as
the designated representative in the territory of the State, processors
or other designated persons.
3. the data subject is entitled to obtain:
a) updating, correction or, when in his interest, integration of the data;
b) erasure, conversion into an anonymous form or blocking of data
processed in violation of the law, including data that does not need to
be kept for the purposes for which it was acquired and subsequently
processed;
c) a statement that the operations in a) and b) above have been
notified, also along with the content thereof, to the subjects to which
the data was communicated or disseminated except in cases where such
action is impossible or entails use of resources manifestly out of
proportion to the right safeguarded.
4. The data subject is entitled to object, in part or whole:
a) for legitimate reasons, to the processing of personal data regarding
him even if relevant to the scope of data collection; b) to the
processing of personal data regarding him for the purpose of
transmission of advertising or direct sales material or for market
research or commercial communication purposes.
