This is ForumUp's Official Terms of Service. This full text was recently translated from Italian into English, thanks to Lorenzo.
This supercedes previous TOS announcements. Some other abbreviated versions were not really accurate translations, so there wound up being misinterpretations of ForumUp's actual TOS.
Information about Personal Data.
Data given by user at the time of registration will be recorded on databases owned by Hyarbor s.r.l., office in Naples, via V. B. Chioccarelli 32, which will be the owner for every processing.
User personal data will be used within the limits of privacy protection defined by Law 31.12.1996 n. 675, following modifications 196/03 and by others laws defined about that matter. This information is about personal data sent by user during registration and also all the data obtained by visits and surfing in our site.
We subject user personal data to all the operations provided by Law 196/03 – that is collecting, registering, organising, keeping, processing, modifying, selecting, extracting, comparing, using, interconnecting and every other process that is useful to provide the services demanded, communication to third parties included, if necessary – and made predominantly by automatic and electronic processing.
This data could be organised in databases and archives. In particular, the objectives of the processing of personal data are the following:
- provide services identified;
- verify quality of offered services, also giving after-selling services
- provide all those accounting and fiscal execution;
- meet market and statistic surveys, marketing and product preferences;
- catch authors of illegal actions only if requested by authorities specifically
- give information and/or offers of products, services or initiatives offered or promoted by Hyarbor srl by affiliate and controlled companies, as for commercial partners and outsourcers, without this causes the assignment of personal data to third parties.
User will be able to access his data at every moment and will be able to exercise his right as for art. 13, law 675/1996 and following modifications 196/03. Personal data are divided into two categories: mandatory and optional, as it comes from registration procedure.
Filling of mandatory data and their processing for the purposes indicated are strictly functional to the execution of the services indicated.
The user refusing to provide such information or the user refusing to consent to their processing will cause the impossibility to take advantage of the service offered. Other information collected is useful to Hyarbor srl to offer a better service. As far as regards them, the User is free to provide them or not.
We inform that, according to art. 13 of law 31.12.1996 n. 675 and following modifications 196/03, users have the right to: - know the existence of processing of data that concerns them; - be informed of the essential data of the owner of and responsible for the processing; - obtain, edited by owner of processing: confirming the existence of personal data, the communication of personal data and their origin, and also the aim and the method of processing; the deletion, the transformation in anonymous form or the lack of data processed violating the law; the update, the correction and the integration of data; - the declaration that operations referenced in the previous point are made known by those to whom data is communicated and/or diffused; - oppose, in the whole or in part, for legal reasons to the processing asking; - oppose, in the whole or in part, to the processing for the aim of commercial information or for the aim of market surveys or commercial communication asking deletion. User as well will always have direct access to his data by web, as they are owned by Hyarbor srl, using his own access codes ("Username" and "Password"). User in this way will be able to integrate, modify, or delete data at every moment and with no brokerage, autonomously, anonymously and under his responsibility. By the same interface user will be able to manage the reception, periodicity, and contents of information sent by Hyarbor srl.
Personal data obtained could be communicated to all employees, freelance and consultant of every type of our company, and also to every function of our company. This data could be also communicated a) to controlled, connected or affiliate companies being part of the group "Gruppo Hyarbor srl" or b) to companies that controls activities of Hyarbor srl c) to commercial partners (producers, suppliers, carriers, etc.) d) to companies that carry out surveys about customers preferences, always within the limits of purpose of data processing described above.
The user, having read the informative report, consents to receive communication and commercial advertising from Hyarbor srl related to products and services sold by Hyarbor srl or by companies of Hyarbor srl group or third parties.
1) Subjects: this contract is agreed upon Hyarbor srl company, legal office in V. B. Chioccarelli 32, Naples and the user whose personal data are specified above.
2) Object: the object of the contract is joining the Community. The purpose of the Community is the improvement of internet as a means to develop personalities of those people who join it. Joining the Community gives the right to access to several internet services for free which could be activated or deactivated by the user at any time. Some of these services will be supplied by third parties who will be specific time by time. The Community can live thanks to advertising produced by free services. So joining the Community implies acceptance of advertising as a tool to warrant survival. Services provided by the Community will be supplied within the limits of these contract terms.
3) Access Codes: to activate the service, we supply user with user name and password. User is aware that knowing his username and password by third parties will grant or allow access to his e-mail address and to other services offered to third parties, in his name. So it will be care of the user assure privacy to his access codes. User is responsible for every improper or illegitimate use of access violating this agreement. User also, will have the care to keep safe his access codes: their miscarriage, loss, or stolen should be communicated to Hyarbor srl who will provide to invalidate old codes and replace them with new ones. In the case of a missing communication, the user will be responsible towards Hyarbor srl and towards third parties for the use of his access codes. The user by registering declares to use all functionality which we provide without asking, with the exception of some superior system bugs or crimes, or other manual operations by the staff. He is also aware that procedures could be changed or be lagging and while registering he accepts all possible problems which could happen.
4) User undertakes not to use services in order to:
• Violate copyrights.
• put out pornography without due protection or publish paedophile material;
• Supply information educating to illegal activities or suggest physical damages or insults towards every group or individuals;
• Publish pages with offence or damaging anyone (i.e. racism, fanaticism);
• Publish pages with viruses or damaging components, pirate software, cracks, damaging applications oriented to damage others resources;
• Supply pages that produce excessive usage of band by users connected. In cases that such an overcoming in the use of band should happen, Hyarbor srl keeps the right to delete contents and space indefinately.
• Load, send, publish or spread advertising, commercial stuff, "spam", chain letters or any other form of remind not authorised or asked;
• Use one’s page or directory as a recall of files or pages archived in other servers; • Develop pages with only links to sites not allowed by the policy of the portal for example paedophile sites or cracks;
• Save executable files in one’s web space for example .exe, .com, .bat etc. etc;
5) Hyarbor srl does not execute backups of user personal pages, so it should be the care of users to provide autonomously towards this need. User is aware that Hyarbor srl can go back to telephone subscription at which the computer from which the registration was posted is connected and that collaborates in every manner with legal authorities to go up again to the authors indicated by authorities.
User’s Rights and Duties.
The User undertakes not to use subject services to commit crimes, such as, upsetting private and public tranquillity, violating secret of other’s letters, molesting, offending or damaging other people. The user is aware that he could be identified in case he should commit those crimes and he takes consequent responsibility. Stuff introduced must be original and in any case must respect laws, even international laws, protecting copyrights, brands, patents and in general protecting intellectual property. So the user, undertakes not to use offered services and in particular disk space as bank for stuff not linked to his web pages, in particular, but not only, for all those stuff which could be subjected to intellectual property and rights of third parties. The User takes every responsibility, also on property, for damages his behaviour should cause directly or indirectly. Value, rules ruling the use of internet (Netiquette, self-government, etc.) are available in the specific web sections.
6) Protection of copyright, brands, patents and in general intellectual property protection. The user acknowledges that offered services are granted only as use license and only for the duration of this contract. Therefore, all intellectual property rights related to these services are and will be the property of Hyarbor srl or of incidental third parties.
7) Rights and duties of Hyarbor srl. Hyarbor srl and incidental third parties supplying these services for free and therefore are not able to grant any warrant on always correct work. Hyarbor srl anyway undertakes to use its best known technology and best disposable resources to supply these services. Hyarbor srl and supplying third parties cannot be held responsible for damages, directly or indirectly or consequently and for faults which could happen during the supply of services and which goes beyond its technical control, such as, malfunctions in the management of telephone and telecommunication networks which allow to connect to Hyarbor srl. Network or malfunctions caused by faults of means necessary for the access procedures, caused by not proper use of access modes to services on the side of the user. Particularly, Hyarbor srl and third parties do not take any responsibility for damages which could arise from missing knowledge of what was included in the messages that could be eventually lost. Hyarbor srl could, at its discretion, modify or revise, because of technical reasons, functionality or characteristics of the services, while it guarantees an adequate functionality in any case.
Duration of the contract: the contract duration is open-ended. Therefore, any party can withdraw at any time, simply by sending an e-mail to the other party. The user agrees that gratuitousness of the service excludes any form of indemnity relate to its failing.
9) Litigation. At any case the User undertakes to ask for no indemnity due to system bugs or lower performance in response due to various problems absolutely not dependent from company will. In any case the place of jurisdiction will be Naples or closer at disposal chosen by Hyarbor srl.
10) Contents: anybody should insert a content of any nature is responsible for it, he can exercise the right of paternity and Hyarbor srl to use it, modify, and delete for any reason. Inequitable clause as for art 1341 and 1342, c.c., except for limit of responsibility contains in agreement (3; 4; 5; 7; 8 and all). The user must know that according to law Hyarbor will allow srl all modifying and deleting of personal data automatically and free of charge, in the case that the user should chose to operate with the help of a technician will have to pay a money sum variable depending on the case and with the only purpose to cover expenses. To obtain specific information updated you must ask directly through contacts, at any case information broadcasted by us and specifically asked will bear witness. Hyarbor srl registered processed data by the privacy warrantee with a digital signed certified.
As regards recent laws about privacy Hyarbor srl certifies that:
a. information authentication;
b. choice of procedures of management of authentication;
c. use of an authorisation system;
d. periodic update of identification of the sphere of data processing which is allowed to those in charge to manage or to maintain electronic data devices;
e. protection of electronic data devices and of data versus unlawful data processing, versus not allowed data accesses and versus certain applications;
f. the choice of procedures to keep backup copies, restore of data and systems;
g. keeping of an up-to-date planned security documentation; the choice of coding techniques or identity codes for certain data processing capable to disclose health, sexual habits made by medical institutions.
Authentication phases protected by anti-hacker graphical codes. Data Restore phases with temporary support codes. Cookies automatically deleting. Only local Database access. Firewall. Software update and daily fix.
Dear Customer, as regards article 13 of law dealing with personal data (D.Lgs 196/03) here following, we supply your information regarding your personal data processing which will be executed by Hyarbor Srl as owner of data processing. Personal data, you provided by joining Hyarbor Srl’s services or collected afterwards during your use of services will be processed by the owner of data processing, to reach the following purposes:
1) supply of demanded services and incidental litigation;
2) Sending commercial advertising related to products, services or initiatives of the Editor and / or of his partners or third parties;
Direct or indirect selling;
Surveys of the level of satisfaction of customers on service quality; execution of studies and statistics and market surveys.
… Supply of your data is mandatory to reach both the purposes above;
Missing, not complete or inadequate supply could cause the impossibility to offer demanded services. Data processing in the above 1) and 2) points could be executed with electronic or manual procedures able to warrant consistency to laws ruling the matter.
Inside Hyarbor Srl your data will be processed by employees who operate directly under the responsibility of the “owner of the process and who are in charge to the process and received adequate operative instructions.
In addition to Hyarbor Srl employees, some data processing could be done by third parties also, offices in Italy or abroad, to whom Hyarbor Srl commit some technical or organisational or management (or part of them) activities. These activities are functional to supply above mentioned at point 1) or to execute above mentioned activities at point 2). In that case some subjects will or could operate as autonomous owner or could be designated as responsible for or in charge of the processing.
Responsible for or in Charge persons will receive adequate operative instructions, particularly as regards minimum security measures, to be able to warrant privacy and security of data. The owner of data processing is: Hyarbor Srl. Person in charge of your data processing is Mr. Graziano Chiaiese in charge with the task of Administrator. As regards your personal data processing, you could always at any time exercise your rights as refers to Art. 7, which for your comfort is reported as follows, writing to: Hyarbor Srl, Via Bartolomeo Chioccarelli 32, Napoli.
We inform you that caused by technical reasons, the necessary to cancel your personal data saved on Editor’s Archive will be 5 working days maximum with the help of a technician. "Art 7 Right to access personal data and other rights.
1. Interested person has the right to get confirmation of existence of personal data regarding himself even if not yet registered, and their communication in an understandable form.
2. Interested person has the right to obtain indication:
a) Of the origin of his personal data;
b) Of the purpose and of the methods of processing;
c) Of the logic applied in case of processing made with the help of information technology tool;
d) Information identifying the owner, responsible persons and designate representative in the Italian State Territory, if provided;
e) of the subjects or subject categories to whom personal data can be communicated or who can know personal data as designated representative in the Italian State Territory.
3. Interested person has the right to obtain:
a) The update, the modification, or, if he is interested in, the integration of data;
b) the deletion, the transformation into anonymous form or the lock of processed data in law violation, included those whose conservation is not necessary as regards the purpose for which data was collected or processed; c) the declaration that those to whom data are communicated or sent were informed with operations related to above points a) and b), even as regards their contents, except the case where that execution is impossible or requires the use of means out of proportion to the value of the right to be guarded.
4. The interested person has the right to oppose in the whole matter or in a part of it:
a) The personal data processing for legitimate reasons, even if related to the purpose of the data collection;
b) The personal data processing for the purpose of sending commercial advertising or direct selling material or market survey material or commercial communications.
The exercise of rights above can be executed directly or by granting delegation or proxy, in writing, to physical persons or associations.
This document cannot be official or the most updated as possible, to get more information ask for the official document. In any case the user knows that the place of jurisdiction will be Naples PI 07691350636