Privacy Now - Trial activation

By completing the following form you can request to activate the trial of Privacy-Now® which will remain active for 30 days for free. Within this period you can decide to convert your trial to a subscription, keeping your trial environment or creating a new one. The trial will be activated within a few hours from the form submission. You will receive an email confirming your request and another email providing you the credentials to access the trial environment.

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itmSUITE Srl processes your personal data in compliance with the provisions of the EU Regulation 2016/679 (GDPR), hereinafter “Regulation”. For further information, please read the full Privacy Policy at this link. Please, select if you agree or disagree the following specific processing:

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a) To conduct studies, research, market analyses; to send you advertising material, information, commercial information or surveys to improve the Service ("customer satisfaction") via e-mail or text message and/or through the use of telephone managed by an employee and/or through the official pages of itmSUITE on social networks. This interest is legitimate according to art. 6(1)(a) of the GDPR Regulation, upon prior consent.
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b) To process data for purposes related to communication to third parties for their marketing aims; namely, to provide you with information and/or to make offers on products, services or initiatives offered or promoted by our business partners in relation with our services. This interest is legitimate according to art. 6(1)(a) of the GDPR Regulation, upon prior consent.
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Terms and conditions of the service Privacy-Now®

Conditions of use
Terms and conditions of the service PRIVACY-NOW

Table of contents

Definitions
Terms and conditions of use of the service PRIVACY-NOW
1. Definitions

ADMINISTRATOR: person designated by the CLIENT in the Purchase Order with the right to use the service, in relation to the supply of the PRIVACY-NOW service. Initially, the administrator user is assigned to the Owner in order to set the USERS and the PRIVACY-NOW service. Subsequently, the ADMINISTRATOR can configure other USERS providing them administration rights according to the available licenses.
CLIENT: the client is a person or a legal entity that signs a contract for the provision of the PRIVACY-NOW service.
ECONOMIC CONDITIONS: the economic conditions for the purchase of the PRIVACY-NOW service, available at the link https://www.privacy-now.eu/pricing.html
itmSUITE: itmSUITE Srl, the company based in Galleria J.F. Kennedy 10/A, 20831 Seregno (MB) and VAT number IT04635640966, that has developed and delivers the PRIVACY-NOW service. 
User Manual: manual that explains in detail how to use the functions of the software PRIVACY-NOW. The manual is available on http://wiki.privacy-now.eu.
Contract: the contract between itmSUITE and the CLIENT for the use of the PRIVACY-NOW service.
Minimum requirements: the minimum requirements that must satisfy the devices of the USERS to access the PRIVACY-NOW service. The minimum requirements are documented on the website www.privacy.now.eu and may evolve in time. 
PRIVACY-NOW Service: software and IT infrastructure managed by itmSUITE, composed by different hardware and software elements (included, among the others, PRIVACY-NOW software), communications and services provided by itmSUITE or by third party providers, available through the Internet, that will memorize CLIENT’s information and data.
USERS: persons designed by the ADMINISTRATOR that are authorized, under the sole responsibility of the CLIENT, for the use of the PRIVACY-NOW service.

2. Terms and Conditions of Use of the PRIVACY-NOW service

2.1. Field of application

These terms and conditions, together with the other terms and conditions provided for in the ECONOMIC CONDITIONS, regulate the use of the PRIVACY-NOW service by the CLIENT, also in relation with the relationships between the CLIENT and potential final USERS of the PRIVACY-NOW service. The CLIENT takes responsibility for equip himself of a data processing system appropriate to the use of the PRIVACY-NOW service.

2.2. Procedure of signing a contract for the furniture of the PRIVACY-NOW service

The contract between itmSUITE and the CLIENT will be considered concluded with the declaration of acceptance from the CLIENT stated on the website www.privacy.now.eu. With the acceptance of such Terms and Conditions of Use of the PRIVACY-NOW service and the ECONOMIC CONDITIONS declares that has read carefully, understood and accepted all the clauses contained in the following documents:

Terms and Conditions of Use of the PRIVACY-NOW service (this document);
ECONOMIC CONDITIONS (available at the link https://www.privacy-now.eu/pricing.html);
 Privacy Policy (available at the link https://www.privacy-now.eu/privacy-policy.html;
all together otherwise referred to as CONTRACT, and that he has saved a copy on a durable device.

2.3. Provided Services

itmSUITE will provide the client with the access and use of the PRIVACY-NOW service with the accessible functionalities at the conclusion date of the above CONTRACT and testable through the free testing service that can be activated on the website www.privacy-now.eu.

2.4. Nature of the obligations undertaken by itmSUITE

The provision of the services under article 2.3 must be considered as an obligation to the means, to the exclusion of any result obligation from itmSUITE, on the understanding that guarantees the proper functioning of the PRIVACY-NOW service.

2.5. Client’s knowing of the offered services

The client declares to know the functionalities offered by the PRIVACY-NOW service.

2.6. Features - Use

The CLIENT declares to know that itmSUITE, providing the services and/or the required goods, uses the name itmSUITE, PRIVACY-NOW, its logos, its own registered domain, the name of the products and services associated with the goods and/or services and the other trademarks and distinguishing marks of the service and products offered, some visual and audio information, documents, software and other copyright works and other technology, property or third party software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, inventions and other technical material or tangible or intangible information (collectively “itmSUITE Technology) and that the itmSUITE Technology is covered by intellectual property rights owned or licensed by itmSUITE (collectively “itmSUITE Rights”).
itmSUITE offers to the CLIENT and to its USERS the non-exclusive, non-transferable, non-sublicensable right of access and use of the services and/or goods offered by the above CONTRACT. The CLIENT authorizes expressly itmSUITE to the use of its own names and distinguishing marks on the itmSUITE website as well as on the itmSUITE advertising material.
All the information and the data inserted by the CLIENT or conferred through authorized access to the PRIVACY-NOW service are and remain of the CLIENT exclusive property. The CLIENT, consequently, assumes every responsibility on these data and information and on their content, processing and, more in general, on their management.

2.7. Payment methods

As a compensation for the PRIVACY-NOW service, the CLIENT will pay to itmSUITE the fees described in detail in the ECONOMIC CONDITIONS. ItmSUITE will invoice the fees for the amounts corresponded according to the applicable statute of limitations.

2.8. Payment terms

The CLIENT must accomplish the payments at the end of the CONTRACT and, at a later time, within the expiration date of the purchased service.

2.9. Payments continuity – “Solve et repete” clause

By way of derogation from Article 1460 of the Italian Civil Code, the payments must be accomplished at the expirations referred to in the previous article 2.8, even with potential CLIENT’s objections and exceptions pending, which will have to be managed and solved separately once the payment is issued from the CLIENT. Therefore, the payments owed by the CLIENT can not be deferred or reduced not even in the case of an objection, pursuant to art. 1462 of the Italian Civil Code.

2.10. Delay in payments

The non-payment of the fees as described above will authorize itmSUITE to suspend the provision of the PRIVACY-NOW service, as well as to terminate the contract pursuant to art. 1456 of the Italian Civil Code. itmSUITE will be able to decide irrevocably if, against the late payment of the PRIVACY-NOW service provision after the provision suspension, consider the contract as terminated or if reactivate the service, on the understanding that the CLIENT has the right to obtain a refund in case of an excess amount payed.

2.11. Rates variation

The economic considerations indicated in the ECONOMIC CONDITIONS are established with reference to the CONTRACT conclusion date. The ECONOMIC CONDITIONS could be modified, at the discretion of itmSUITE, and would be considered applicable from the following renewal of the PRIVACY-NOW service.

2.12. Tax burden

Any tax, levy or duty anyway on the above contract, on the fees or on performances provided for in it, will be charged to the CLIENT, to the exclusion of income taxes due from itmSUITE.

2.13. Responsibilities

Any liability of itmSUITE not attributable to fraud or gross negligence is excluded. 
To the extent permitted under applicable law it is agreed a limitation of liability in favour of itmSUITE for potential direct and indirect damages of any kind or type that could derive from the activities covered by the contract in the amount of the annual value of the same contract, on the understanding of the respect of the provisions envisaged by art. 1229 of the Italian Civil Code. Analogously, it is considered excluded every responsibility of itmSUITE for damages or consequences resulting from causes attributable to products potentially provided/indicated by the CLIENT, as well as potential damages or consequences resulting from interventions, operations, installations, etc., performed by the CLIENT or by third parties authorized by him on the CLIENT’s Information System.

2.14. Indemnity and termination of the contract

The CLIENT undertakes to waive and keep indemnified itmSUITE from every and whichever complaint, demand, request, action of third parties in any way related to and consequent to the use of the PRIVACY-NOW service and its products and deriving from the failure to comply the obligations under the above CONTRACT by the CLIENT, and from every potential violation of the law, on the understanding of the power of itmSUITE, in such cases, to terminate the contract under and for the purposes of art. 1456 of the Italian Civil Code, in addition to the right of itmSUITE to obtain the compensation for potential damages suffered.

2.15. Force majeure

The parties, namely itmSUITE and the CLIENT, will be not considered responsible for the non-compliance of the obligations specified in the CONTRACT where such failure is due to causes beyond the control of the defaulting party, including, but not limited to, the following situations: fire, flood, strikes, labour disputes or social unrest, shortages or unavailability of fuel or power supply, unavailability of or abnormal operation of communication networks, accidents, war (declared or not), trade embargoes, blockades, riots or insurrections.

2.16. Accessory guarantees

itmSUITE guarantees that the components used for the provision of the PRIVACY-NOW service are of lawful origin conformed to the relative licenses and warranties, and it undertakes to waive the CLIENT from every cost and responsibility for alleged infringements of the products regarding potential intellectual/industrial property rights asserted by third parties. 
All the information and data inserted by the CLIENT or conferred through CLIENT’s authorized access to the software in itmSUITE systems and/or sent through itmSUITE services are and remain of CLIENT’s exclusive property. 
The CLIENT, consequently, assumes all responsibility regarding such data and information, their acquisition and origin, their content and their management.

2.17. Duration

The above CONTRACT can be annual or monthly, depending on the purchase modalities selected by the CLIENT at the conclusion of such contract. The CONTRACT is signed again at every renewal by the CLIENT.

2.18. Annulment

The early annulment can be actuated by itmSUITE because of CLIENT’s non-compliance of one or more agreements of the CONTRACT. itmSUITE will proceed with the dispatch of the communication to the e-mail address used by the CLIENT during the activation of the PRIVACY-NOW service. In this case, no refund for the not taken subscription payment is envisaged.

2.19. Data Retention

In cases where the CLIENT doesn’t renew the subscription activated previously, the inserted data will be deleted automatically but they remain available for an additional thirty days. itmSUITE will proceed to send an end of the service notification e-mail to the e-mail address used by the CLIENT during the activation of the PRIVACY-NOW service. After the thirty-days period from the end of the subscription, itmSUITE reverses to delete all the available data. 7

2.20. Privacy and protection of personal data

The Privacy Policy is available at the following link: https://www.privacy-now.eu/fr/politique-sur-la-confidentialité.html;

2.21. Applicable legislation

Any dispute arising from the interpretation or application of these Terms and Conditions, any changes and inconsistencies of the same, shall be governed by Italian law.

2.22. Competent jurisdiction

To resolve any disputes concerning the provisions of these Terms and Conditions or their application the CLIENT and itmSUITE submit expressly such disputes, after an attempted resolution of the jurisdiction of the Court of Monza, renouncing any other jurisdiction which can be adapted.

Within the meaning and for the purpose of the articles 1341 and 1342 of the Italian Civil Code the parties declare to expressly approve the contents of the following clauses: art. 2.4 (Nature of the obligations undertaken by itmSUITE); art. 2.5 (Client’s knowing of the offered services); art. 2.6 (Features – Use); art. 2.7 (Payment methods); art. 2.8 (Payment terms); art. 2.9 (Payments continuity – “Solve et repete” clause); art. 2.10 (Delay in payments); art. 2.11 (Rates variation); 2.12 (Tax burden); art. 2.13 (Responsibilities); art. 2.14 (Indemnity and termination of the contract); art. 2.15 (Force majeure); 2.16 (Accessory guarantees); art. 2.17 (Duration); art. 2.18 (Annulment); art. 2.19 (Data Retention); art. 2.20 (Privacy and protection of personal data); art. 2.21 (Applicable legislation); art. 2.22 (Competent jurisdiction).

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