T&C Existo

 

1.            What is Existo?

 

 

 

 

 

1.    Welcome to Existo, we are happy to have you with us!

Through our app (the “App“) users (the “Users” and individually, the “User“) will be able to connect the wearable gripping device for people with disabilities (the “Device“) to enable voice control, update the software when required, and view video tutorials to learn how to use the Device (collectively, the “Service“).

2.    The Service is provided by Existo S.r.l. with registered office in via San Martino 12, 20122 Milan (MI), VAT 11082330967 (“Existo“).

2. What is this document?

 

 

1.   This document governs the relationship between Existo and you in relation to your use of the App and is what we call the terms and conditions of the service (the “Terms and Conditions“). In order to use our App and enjoy the Service provided by Existo you must accept these Terms and Conditions in full.

2.   We reserve the right to change these Terms and Conditions at any time. After any changes, we will post the new version of the document in your private area within the App. We want you to be informed at all times about the content of the new Terms and Conditions.

3.   Remember that the new Terms and Conditions will be effective 30 days from the date of publication of the document. If you do not wish to accept the updated Terms and Conditions, you will be able to withdraw from the Service in accordance with the procedures set out in Article number 9.

4.   You can view and accept these Terms and Conditions by ticking the appropriate checkbox at the end of the registration process via our App.

5.   We care about your rights. That is why these Terms and Conditions have been prepared in accordance with the provisions contained in Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market), Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003 (Personal Data Protection Code).

3. How can I download the App and create my account?

 

 

 

 

 

1.   To use the Service, simply access the App Store or Play Store via your favorite device and download our App.

2.   Once you have completed the download, simply enter the information requested by the App in the appropriate form. At the end of the registration process, the App will automatically create an account for you (the ‘Registration‘).

3.   We ask you to be honest with us and provide true and accurate information. It is forbidden to use false information or impersonate another individual during Registration.

4.   Registration for the App is free of charge.

5.   You are solely responsible for the security and confidentiality of the information in your account. In the event that the access data to the App is lost, stolen or if it is suspected that unauthorized third parties have gained unauthorized access, the User shall promptly notify Existo and immediately change their access credentials.

6.   Under no circumstances may Existo be held liable in the event of loss, dissemination, theft or unauthorized use by third parties, for whatever reason, of the User’s access credentials.

7.   You may freely delete your account by accessing the “Delete Profile” section directly in the App.

4. Limitations of use

1.   Use of the Service is restricted to persons of legal age and with legal capacity.

5. How does the Service work?

 

 

1.    Through our App you can connect the Existo Device to enable voice control, update the software when required and view video tutorials to learn how to use the Device.

2.    The App records the time taken to perform a set number of repetitions, feeding a dashboard summarizing the activities performed, and delivering qualitative feedback to the User.

3.    In order to use the Service, once Registration is complete, the following steps are required:

a)  the User must access the App from his device and log in;

b)  once logged in, the User can connect the Device via Bluetooth to the App;

c)   the Device will set as the language for voice control the language pre-set in the User’s phone;

d)  following the connection, the User can view video tutorials through the App to learn how to use the Device.

6. Can I delete my account?

1.   The User may delete his account and all the information contained therein at any time by accessing his private area and consulting the appropriate settings menu.

2.   Alternatively, the User may delete his/her account and all the information contained therein by sending an appropriate request to the email address info@existo.tech.

7. What are my obligations?

1.    By subscribing to the App, you undertake to do the following:

a)    provide only true, correct and complete information about yourself;

b)    keep your access credentials to our App confidential;

c)    not take any action that may compromise the IT security of the App.

2. If you fail to comply with all of the obligations set out in section 7.1 above, these Terms and Conditions will be deemed to be automatically terminated in accordance with article 1456 of the Italian Civil Code, without prejudice to Existo’s right to compensation for damages.

8. Are there any limitations of liability in favor of Existo?

1. Existo undertakes to take the necessary measures to keep its App operational at all times. However, unforeseen technical problems or maintenance operations may at times result in temporary interruptions of the Service, even without prior notice.

2. Existo does not guarantee the continuity of access nor the correct viewing, downloading or use of the elements and information contained within the App, which may be prevented, hindered or interrupted by factors or circumstances beyond our control.

3. Existo accepts no liability for any damage, loss or other adverse consequences resulting from:

          i. causes of force majeure such as, but not limited to: war operations, revolutions, riots; strikes, acts and maneuvers by strikers; unrest and conflicts between workers, provided they are directly related to Existo’s organization; acts of expropriation or demolition ordered by government authorities; natural disasters and fires; pandemics and epidemics or health emergencies

         ii.interference, interruptions, errors, omissions, failures, delays, blockages or disconnections of the electronic system that is the object of the Service caused by deficiencies, errors and overloading of the telecommunications lines and/or networks, or for any other cause;

        iii.cyber attacks or other malicious events carried out through our App;

        iv.the incorrect functioning of the App due to the User’s failure to update the App and/or the User’s use of obsolete hardware.

4. Existo is not responsible for the information and other third party content integrated into the App and/or accessible through the App.

5. By accepting these Terms and Conditions you are obliged to indemnify and hold Existo harmless from any damages, claims or expenses of any kind that may arise from your failure to comply with all obligations arising from these Terms and Conditions.

9. How can I withdraw from these Terms and Conditions?

1.   You may exercise your right of withdrawal at any time by deleting your personal account via the appropriate section of the App.

10. Privacy

1.   The personal data you provide will be processed by Existo with the utmost diligence, in full compliance with current legislation and the privacy policy available at the following link.

2.   If you provide personal data relating to third parties, please remember that such conduct may constitute a processing of personal data in respect of which you assume all the obligations and responsibilities provided for by law against the data controller. You are therefore obliged to ensure that any data referring to third parties that you communicate to Existo have been acquired and processed in compliance with the applicable data protection legislation.

11. Assignment of contract and assignment of credit

1.   Existo reserves the right to assign these Terms and Conditions or the claims arising hereunder, in whole or in part, to third parties, giving you prior notice thereof.

12. Intellectual Property

1.   The App enabling the provision of the Service, as well as the related copyrights and any other intellectual and/or industrial property rights relating to the “Existo” brand and our App (including, without limitation, domain names, other distinctive signs, patents for invention and utility model and related applications registered designs, unregistered designs, copyrights and related rights, software and database rights, secret information, as well as any other intellectual property and/or exploitation right provided for by any applicable law) (“IP Rights“) and any future developments or updates thereof shall be the exclusive property of Existo.

2.   Existo grants you a non-exclusive, non-transferable license to use the App for the duration of these Terms and Conditions.

3.   You shall not claim any right of ownership and/or right of economic exploitation of the IP Rights and you shall refrain, for the entire duration of these Terms and Conditions and after its termination for any reason whatsoever, from performing any act or omission that may impair or damage the IP Rights in any way. By way of example but not limited to:

a.    modifying IP Rights in any way, including, without limitation, shapes, designs, attributes, or color schemes,

b.    attempting to appropriate a trademark, copyright, or otherwise acquire additional intellectual property rights in any way related to the IP Rights,

c.     using IP Rights or any part thereof in a manner or in connection with any text, image, video or other form of media in such a way as to:

d.    be racist or discriminatory

e.    threaten, advocate or depict acts of cruelty, hatred, intolerance, violence;

f.      be offensive or express explicit content that is or could be considered inappropriate, unsuitable or offensive;

g.    encourage or depict irresponsible or illegal use of alcoholic beverages, nicotine, tobacco, marijuana, drugs or controlled substances, including use by minors;

h.    be or be likely to be illegal or otherwise in violation of or contrary to any applicable federal, state or local law, regulation or ordinance; or

i.      refer to, represent, or in any way negatively reflect Existo.

13. Duration

1.   These Terms and Conditions shall take effect from the date of their acceptance.

2.   The right of withdrawal by you pursuant to Section 9 above shall remain unaffected in any case.

14. Applicable law and jurisdiction

1.   These Terms and Conditions are subject to Italian law.

2.   Any disputes relating to the validity, interpretation, execution, termination or cancellation of this agreement shall fall under the exclusive jurisdiction of the Court of Milan, without prejudice to the prevalence of the Court of the Consumer in the hypothesis that the User may be qualified as such under current legislation.

Privacy Policy – App Existo
[Last update: 31/03/2023]

What is this document? Pursuant to art. 13 European Reg. n. 679/2016 (“General Data Protection Regulation” or “GDPR”) and in compliance with the principles contained therein,

Existo S.r.l. intends to inform each user (the “User”) about the processing of personal data collected through the Existo app (“App“).

Controller and contact detail

ExistoS.r.l.  (hereinafter “Controller”, pursuant to art. 4(7) GDPR) with registered offices in Via San Martino, 12 – 20122 Milano – info@existo.tech  

Purpose of processing, Legal Basis, Personal Data and Retention Period

The Controller processes Personal Data for the following purposes, as specified herein below. 

The table also shows the legal basis which justifies the processing and the period of data retention:

Purpose

Personal data

Legal basis

Data retention

  1. Creation and management of a personal User
    profile.

Anagraphic information

Contact detail

Execution of contractual
measures [Art. 6, 1, lett. b) GDPR]

Until the User deletes
his/her personal profile from the App.

  1. Sending commercial communications by email
    concerning products and services similar to those purchased (so-called
    soft spam).

Anagraphic information (name and surname)

Contact detail (e-mail address)

Legitimate Interest.

[Art. 6, 1, lett. f) GDPR]

 

 

 

For as long as is

strictly necessary to

achieve the

legitimate interest

and until

to the eventual

opposition.

  1. Allow the
    Controller to accomplish all formalities required by law.

Anagraphic information

Contact details

Legal obligation [Art. 6, 1, lett. c) GDPR]

Until the expiry of the data retention period, as provided by the
applicable law.

  1. Improve the Website by analyzing how Users
    navigate and/or use the App.

Website usage data

Legitimate interest

[Art. 6, 1, lett. f)
GDPR] 

Not applicable (aggregate
or anonymous data)

  1. Detecting
    or preventing fraudulent activity and exercising the Controller’s rights
    in Court.

Anagraphic information

Contact details

Legitimate interest

[Art. 6, 1, lett. f) GDPR] 

10 years

 In case the User prefers not to communicate mandatory and/or necessary data for the fulfillment of certain purposes, the Controller reserves the right to not provide the service through its Website.

Users can ask for an explanation of the legal basis of each purpose at any time.

Processing modalities

The processing of Personal Data will take place through automated and/or manual tools in order to ensure proper security measures to prevent access, disclosure, loss, incorrect, illegal or unauthorized use of data.

Data Sharing

Your Personal Data may be shared with the following subjects, on a need-to-know basis and in accordance with Applicable Privacy Laws: (i) Internet service providers and platforms used by the Controller as organization tools, channels of communication and/or promotion; (ii) consultants and other third-party service providers who perform services for us or on our behalf and require access to such information to do that job.

All of the relations with the subjects listed above are – and will be – formalized with a contract pursuant to Art. 28 GDPR (Data Protection Agreement or “DPA”).

Personal data will be processed by internal staff specifically authorized under Article 29 of the GDPR. The names of all authorized personnel are available under request to the Controller, at info@existo.tech.

Data processing locations

Personal data are processed at the headquarters of the Controller, as well as in the servers that host the App. The Controller ensures that when using cloud providers established outside the EEA, the processing of personal data by these recipients is carried out in accordance with applicable law. Transfers shall be carried out by means of appropriate safeguards, such as adequacy decisions, standard contractual clauses approved by the European Commission or other safeguards provided for in the GDPR.

Data Subjects’ rights

The User may exercise all the rights provided for by Articles 15-21 of EU Reg. no. 679/2016, at any time and without unjustified limitations, by contacting the Controller at info@existo.tech Requests shall be filed free of charge and processed by the Controller within 30 days.

Specifically, the User can:

  • Obtain from the controller confirmation as to whether or not personal data are being processed (Art.15);
  • Obtain from the controller the rectification of inaccurate personal data (Art. 16);
  • Obtain from the controller the erasure of personal data (Art. 17);
  • Obtain from the controller restriction of processing (Art. 18);
  • Have the right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller (Art. 20);
  • Have the right to object (Art. 21);

Complaints

In any case, Users are always entitled to lodge a complaint with the competent supervisory authority (Garante per la Protezione dei Dati Personali), under Art. 77 of the GDPR, if they believe that the Controller’s processing of their Personal Data is in violation of the applicable law.

Amendments

The Controller reserves the right to amend and update the Privacy Policy as a result of any further new or revised provisions of any national and EU laws and regulations on personal data protection. 

Privacy Policy – Existo.tech
[Last update: 31/03/2023]

What is this document? Pursuant to art. 13 European Reg. n. 679/216 (“General Data Protection Regulation” or “GDPR”) and in compliance with the principles contained therein, Existo S.r.l. intends to inform each user (the “User”) about the processing of personal data happening on its website existo.tech.

Controller and contact detail

Existo S.r.l.  (hereinafter “Controller”, pursuant to art. 4(7) GDPR)

with registered offices in Via San Martino, 12 – 20122 Milano

info@existo.tech

Purpose of processing, Legal Basis, Personal Data and Retention Period

The Controller processes Personal Data for the following purposes, as specified herein below. The table also shows the legal basis which justifies the processing and the period of data retention:

Purpose

Personal data

Legal basis

Data retention

  1. Send communications and responses to requests relating to the company’s activities.

✓ Anagraphic information

✓ Contact detail

Execution of pre-contractual measures [Art. 6, 1, lett. b) GDPR]

For the period necessary for the response.

  1. Send materials for marketing communication purposes.

✓ Anagraphic information

✓ Contact detail

Consent [Art. 6, 1, lett. a) GDPR]

Until the withdrawal of consent and, anyway, no later than 24 months from the date of last contact.

  1. Newsletter

✓ Anagraphic information

✓ Contact detail

Consent [Art. 6, 1, lett. a) GDPR]

Until the withdrawal of consent and, anyway, no later than 24 months from the date of last contact.

  1. Sending commercial communications by email concerning products and services similar to those purchased (so-called soft spam).

✓ Anagraphic information

✓ Contact detail

Consent [Art. 6, 1, lett. a) GDPR]

For as long as is

strictly necessary to

achieve the

legitimate interest

and until

to the eventual

opposition.

  1. Allow the Controller to accomplish all formalities required by law.

✓ Anagraphic information

✓ Contact details

Legal obligation [Art. 6, 1, lett. c) GDPR]

Until the expiry of the data retention period, as provided by the applicable law.

  1. Improve the Website by analyzing how Users navigate and/or use the Website.

✓ Website usage data

Legitimate interest

[Art. 6, 1, lett. f) GDPR] 

Not applicable (aggregate or anonymous data)

  1. Detecting or preventing fraudulent activity and exercising the Controller’s rights in Court.

✓ Anagraphic information

✓ Contact details

✓ Professional information

Legitimate interest

[Art. 6, 1, lett. f) GDPR] 

10 years

In case the User prefers not to communicate mandatory and/or necessary data for the fulfillment of certain purposes, the Controller reserves the right to not provide the service through its Website.

Users can ask for an explanation of the legal basis of each purpose at any time.

Processing modalities

The processing of Personal Data will take place through automated and/or manual tools in order to ensure proper security measures to prevent access, disclosure, loss, incorrect, illegal or unauthorized use of data.

Data Sharing

Your Personal Data may be shared with the following subjects, on a need-to-know basis and in accordance with Applicable Privacy Laws: (i) Internet service providers and platforms used by the Controller as organization tools, channels of communication and/or promotion; (ii) consultants and other third-party service providers who perform services for us or on our behalf and require access to such information to do that job; (iii) Parent Company (E-novia S.p.a.) .

All of the relations with the subjects listed above are – and will be – formalized with a contract pursuant to Art. 28 GDPR (Data Protection Agreement or “DPA”).

Personal data will be processed by internal staff specifically authorized under Article 29 of the GDPR. The names of all authorized personnel are available under request to the Data Controller, at info@existo.tech.

Data processing locations

Personal data are processed at the headquarters of the Controller, as well as in the servers that host the website Existo.tech The Data Controller ensures that when using cloud providers established outside the EEA, the processing of personal data by these recipients is carried out in accordance with applicable law. Transfers shall be carried out by means of appropriate safeguards, such as adequacy decisions, standard contractual clauses approved by the European Commission or other safeguards provided for in the GDPR.

Data Subjects’ rights

The User may exercise all the rights provided for by Articles 15-21 of EU Reg. no. 679/2016, at any time and without unjustified limitations, by contacting the Data Controller at info@existo.tech Requests shall be filed free of charge and processed by the Controller within 30 days.

Specifically, the User can:

  • Obtain from the controller confirmation as to whether or not personal data are being processed (Art.15);
  • Obtain from the controller the rectification of inaccurate personal data (Art. 16);
  • Obtain from the controller the erasure of personal data (Art. 17);
  • Obtain from the controller restriction of processing (Art. 18);
  • Have the right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller (Art. 20);
  • Have the right to object (Art. 21);

 

Complaints

In any case, Users are always entitled to lodge a complaint with the competent supervisory authority (Garante per la Protezione dei Dati Personali), under Art. 77 of the Regulation, if they believe that the Data Controller’s processing of their Personal Data is in violation of the applicable law.

Amendments

The Controller reserves the right to amend and update the Privacy Policy as a result of any further new or revised provisions of any national and EU laws and regulations on personal data protection. 

 USE OF COOKIES

 

Cookies are small text files created by a server and stored on the device you use for browsing the Internet.  Cookies let the site provide you with all functionalities and a better browsing experience and let you use contents.

Existo uses two types of cookies: session cookies and persistent cookies.
Session cookies allow you to safely and efficiently browse our Internet site; these cookies are not stored permanently on your device and are deleted when you close the browser.
Persistent cookies are stored on your device to remember your preferences and the preferences of third parties (Google Analytics) in order to generate site use statistics to obtain useful information for constantly improving our site.

You can stop cookies from being saved on your device by configuring the browser used: if you use the site of Existo without changing your browser settings, we presume that you wish to accept all cookies used by our site and make use of all functionalities. If you continue to browse our site and visit other areas of it or click on any element (for example, an image or a link), it means you have silently given your consent to the use of cookies.