Updated at 12/06/2014
Please read the following general conditions for access carefully before using the site. If the you do not accept the terms of these conditions, please leave the site and do not use it in any way.
These general conditions regulate access to the Website of SBS S.p.A. (site accessible by telematic means from the Internet address or the URL: www.sbsmobile.it and www.sbsmobile.com) and the use of the website services and content (such as: images, software, text; trademarks and logos, colour combinations, structures and drawings).
Anyone who accesses and/or uses the SBS S.p.A. Website (hereinafter also referred to as the "Website") becomes a "User" and accepts these conditions, undertaking to comply with the same from the time of his/her first access and/or use, and which shall apply regardless of the General Conditions of Sale which regulate the purchase of the products in the online catalogue of the Website.
If these Conditions are not accepted, further access or use of the Website contents and services will not be possible.
1. The website.
The version of the Website at www.sbsmobile.it and www.sbsmobile.com is managed by SBS S.p.A., with registered offices in Via Circonvallazione [no street number], 28010 Miasino, Italy (tax code and VAT no.: 01888310032). Listed in the Novara Chamber of Commerce Companies Register - Econ. and Admin. Index no. 202775.
On accessing the Website, the User accepts it "as is", in the knowledge that the information or elements on the site may contain technical inaccuracies or errors.
SBS S.p.A. accepts no responsibility for the accuracy of the information and data on the Website nor for the suitability of said information and data for any particular purposes and under no circumstances may it be considered responsible for any direct or indirect, specific or generic, incidental or consequential damages that may ensue from use of the website or other sites to which access may be possible via hyperlink, regardless of whether SBS S.p.A. is aware of the possibility of such damages being produced or not.
By accessing the Website, the User acknowledges that he/she uses the Site at his/her own risk and danger. The User specifically acknowledges that he/she accepts the risk of any loss, damage or misappropriation of data, corruption of files and/or e-mails, the impossibility of using and/or repairing his/her own IT equipment and the programmes used in connection with access to and use of the Website.
SBS S.p.A. also refuses all responsibility for inaccuracies or omissions in the information or material available on the Website and for service interruptions and/or malfunctioning consequent to the actions of unauthorised third parties.
Access to the Website may be interrupted or limited at any time and without notice by SBS S.p.A. for technical reasons and/or for maintenance and/or for security purposes.
SBS S.p.A. reserves the right to make any modifications to the Website and its contents at its own discretion and at any time without notice.
Any information and/or request can be forwarded to: email@example.com.
Access to the site at www.sbsmobile.it and www.sbsmobile.com is free and without charge.
It should be noted that any costs for connection to the Website via the internet, including telephone costs, shall be borne by users according to the tariffs applied by the operator selected by the user.
2. Online privacy protection
2.1. These General Conditions for access and use of the SBS S.p.A. Website also represent the information rendered, pursuant to art. 13 of Italian Legislative Decree no. 196/2003 (the Personal Data Protection Code), to all those who access and use the SBS S.p.A. Website. Please note that this information only relates to the SBS S.p.A. Website and not other sites that may be available to users via links or other hyperlinks present on the SBS S.p.A. Website.
2.2. All the data transmitted by the User, by access or use of the Website, shall be processed by SBS S.p.A., with registered offices in Italy at Via Circonvallazione [no street number], 28010 Miasino, the Data Holder, with the support of electronic or automatic, computer and telematic instruments or by manual instruments, for the time strictly necessary, in respect of the applicable provisions relative to "Online Privacy Protection". The Data Manager is the pro-tempore director of SBS S.p.A. who, for the purposes of Italian Legislative Decree no. 196/2003, is domiciled at the registered offices of SBS S.p.A. in Italy - Via Circonvallazione [no street number], 28010 Miasino. Any requests for information can be forwarded to: firstname.lastname@example.org.
2.3. The User's personal data voluntarily made available to SBS S.p.A. will be collected and used: a) to contact the requesting User, entering his/her data in the Website for this purpose, to illustrate and present SBS S.p.A. products and services. - and/or of the controlling, subsidiary and/or associated companies of SBS S.p.A. - also by the forwarding of informative, promotional and/or advertising communications, advertising material and/or the offer of goods and services, by mail, the internet, telephone, e-mail, MMS and SMS from Italy or abroad (also from countries not belonging to the European Union), b) the forwarding of the newsletter/s requested by the User, c) the processing of statistical and market studies and research.
2.4. The conferment of the personal data is optional; however, the refusal and/or the conferment of incorrect and/or incomplete information will make it impossible to contact the User for the presentation of SBS products or the forwarding of newsletters or informative, promotional and/or advertising communications, or for the User's participation in the processing of statistical and market studies and research.
2.5. The User's personal data acquired by SBS will be communicated to the SBS sales and assistance network and also to businesses working in conjunction with SBS S.p.A. and its parent, subsidiary and associated companies, for the purposes indicated under point 2.3.
Within SBS S.p.A., the Company's bodies and personnel may become aware of the User's personal data; this especially applies to those engaged in the development of the products marketed online, customer care, marketing, maintenance of the electronic instruments and, in any case, the Personal Data Manager and the appointed personal data processing operators.
The User's personal data may also be communicated to any qualified parties which provide SBS S.p.A. with activities or services for the pursuit of the purposes indicated in the above article 2.3 of this information sheet, including the parties and companies that manage and/or participate in the management and/or maintenance of the Internet site and the electronic tools used. In the pursuit of the activities referred to in article 2.3, SBS S.p.A. may use the services of the following types of parties, who may come to know the User's personal data: qualified parties, such as, for example, banks, insurance firms and companies, and suppliers and subcontractors which provide SBS S.p.A. with activities or services for the purpose of forwarding the newsletter and informative, promotional and/or advertising communications, for the processing of statistical and market research, for the organisation and execution of events and exhibitions, also of an advertising nature; and/or for legal, tax, welfare insurance, accounting and organisational purposes; any other party to which the data must be communicated pursuant to an express provision of law.
Personal data may be transferred abroad, as contemplated by the applicable legislation, and also to countries not belonging to the European Union. The User's personal data shall not be circulated or communicated to other parties other than those listed in this information note.
2.6. The computer systems and software procedures used by the Website acquire certain personal data in executing their normal operations, where the transmission is inherent to the use of Internet communication protocols. This refers to data (by way of example, IP addresses, URL of requested resources, time of requests, methods used to submit the requests to the server, dimension of the files received in reply, etc.), used in order to obtain anonymous statistical information on the use and correct functioning of the Site; they shall not be collected so as to be associated to identified parties, although, due to their nature, they could allow for the User's identification through processing and association with data held by third parties. Furthermore, in the case of cyber crime damaging the Website, the data thus acquired could be used, for the time strictly necessary, to ascertain the possible responsibility of the users. Apart from such cases, the data on web contacts are not kept for more than 365 days. With regard to the data freely and voluntarily provided by the users, the optional and voluntary forwarding of e-mails to the addresses indicated in the Website involves the successive acquisition of the sender's e-mail address, required to reply to the requests made, as well as any other personal data voluntarily indicated by the users in the aforesaid e-mails.
2.7. With regard to the processing referred to in article 2.3, the User can exercise the rights contemplated by art. 7 of Italian Legislative Decree no. 196 of 30 June 2003 which, for convenience is transcribed in full below:
Art. 7 - Right of access to personal data and other rights
1. The person concerned has the right to obtain confirmation of the existence of the personal data regarding the same, even if not yet registered, and their communication in an intelligible form;
2. The person concerned has the right to obtain information on: a) the origin of the personal data; b) the purposes and methods of their processing; c) the logic applied in the case of processing with the aid of electronic tools; d) the identity details of the Data Holder, of the Data Managers and of the Designated Representatives as contemplated by article 5, subsection 2; d) the parties or categories of parties to which the personal data may be communicated or who could gain knowledge of the data in their capacity as designated representatives of the State, data processing managers or appointed data processing operators.
3. The person concerned has the right to obtain: a) the updating of, the correction of or, if of interest, additions made to, the data; b) the cancellation, transformation into an anonymous form or the blocking of data processed in breach of the law, including those where storage is not necessary for the purposes for which the data were acquired or successively processed; c) certification that the operations listed under letters a) and b) have been communicated to those to whom the data has been communicated or circulated, including their content, unless such communication is impossible or involves the use of means clearly disproportionate to the rights protected.
4. The person concerned has the right to oppose, entirely or in part: a) for legitimate reasons, the processing of his/her personal data, even if pertinent to the purpose of their acquisition; b) the processing of his/her personal data for the purpose of forwarding advertising material or material for direct sales or for market research or for commercial communications.
2.8. Participation in the marketing activities takes place on a voluntary basis as contemplated by art. 7, subsection 4, letter b) and art. 130 of the Personal Data Protection Code, involving, in particular, electronic communications by e-mail, fax, MMS (Multimedia Messaging Service) or SMS (Short Message Service) type messages.
3. User's obligations.
The User undertakes not to transmit, disclose, send, communicate or save information or any other material:
1. protected by copyright or which reveal commercial secrets;
2. which is obscene, defamatory, threatening, harassing, slanderous, offensive, or sexually explicit;
3. messages that are not requested or which represent advertising or which solicit purchasing, inquiries, chain letters;
4. virus-infected content, Trojan horses, worms, time bombs and other elements intended to damage, intercept or unduly use data, information, and physical and logic structures of SBS S.p.A., its associates or third parties.
The User also agrees:
1. not to register as a Customer with fraudulently false or incomplete information;
2. not to allow third parties to use his/her user name or password, once registered;
3. not to eliminate or modify material or other information of other users or of SBS S.p.A.;
4. not to collect or, in any case, obtain information on third parties, including e-mail addresses, without the holder's express consent;
5. not to access protected data on the website or for which he/she is not authorised and not to violate the website system or its security measures.
6. not to unreasonably or disproportionately overload the physical and logic systems of the website, also by "flooding", "spamming", "mailbombing" or "crashing";
7. not to use devices, software programmes or other means for the purpose of compromising or attempting to compromise the regular functioning of the website; not to attempt to decipher, decompile, dismantle or decode the software of which the website is composed or which is a part of the same;
8. not to use, or attempt to use, engines, software programs, tools, agents or other mechanisms (such as spiders, robots, etc.) which allow for navigation or which carry out research within the website without using the website's own engines or research agents.
9. not to use devices, software programmes or other means for the purpose of hindering the use of the Website on the part of authorised users.
In accessing the Website, the User undertakes to relieve and indemnify SBS S.p.A. for any damage, loss, cost, expense and/or claim from third parties, deriving from or relative to the use of the same.
Any unlawful behaviour or behaviour not conforming to that contemplated shall be brought without delay to the attention of the competent authorities and before the competent civil and criminal courts, pursuant to the laws and the international conventions in force.
4. Copyright and industrial ownership rights.
The Website as a whole and all the material contained therein is protected by copyright and by other intellectual property rights.
All rights to the Website contents (by way of example: text, graphics, photographs, images, user interfaces and any graphic and/or textual representation) and the selection, coordination and organisation of the same are the property of SBS S.p.A., its associates and any third parties. No declaration that may be contained in the website confers licence or industrial or intellectual property rights over the copyright of SBS S.p.A. or third parties.
The Website contents are addressed only to website Users and Customers, who may use the same only for strictly personal purposes; unauthorised commercial or professional use of the contents is forbidden.The User may freely view the contents of the site, print, copy and save it on the hard disk of his/her own computer or on any other physical medium, under his/her own responsibility and exclusively for personal and private use, in compliance with the applicable legislation on the protection of copyright.
All rights regarding trademarks, product names, commercial names, logos, packaging and design of all the products or services mentioned in the Site belong exclusively to the legitimate holders, pursuant to the relative laws in force. All use that can breach such rights is strictly forbidden.
5. Forwarding of information or material by Users
All information or material sent by the User to SBS S.p.A. via the Website or otherwise, including comments, questions, suggestions and similar, relative to the contents of the Website shall be considered as non-confidential, except for the Users' personal data which shall be acquired and processed by SBS S.p.A. in respect of the provisions in force on privacy.
Under no circumstances shall SBS S.p.A. be obliged in any way in respect of such information or material and it may freely reproduce, copy, use, reveal to third parties, show, modify, create derivative works and/or publish the same without any limit and without recognising any remuneration on the basis of any rights, reason and/or cause.
The forwarding on the part of the Users of information and/or material of any nature to SBS S.p.A. shall be considered as express consent for the free use, for any purpose, on the part of SBS S.p.A. of any idea, concept, know-how or technique, expressed or implicit in said information and/or material without obligation for SBS S.p.A. to recognise any remuneration and/or payment on the basis of any right, reason and/or cause.
With the forwarding of information and/or material to SBS S.p.A. via the Website or by other means, the User declares and guarantees that no rights of third parties are breached, exclusively assuming the relevant liability, and undertaking to hold SBS S.p.A. harmless from any action or claim that could be filed or brought by third parties in relation to this.
It is specified with reference to the “PERSONALISED COVER” products created and supplied by SBS on the User's request that, with the transmission to SBS S.p.A. of any images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions to be reproduced on the covers, the User must declare that it lawfully holds the former and to be able to dispose of the above stated images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions and/or to have been duly authorised by the holder of the rights over said images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions, exclusively assuming the relevant liability, and undertaking to hold SBS S.p.A. harmless from any action or claim that could be filed or brought by third parties in relation to this.
SBS S.p.A. refuses any liability for any possible unauthorised use of the images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions sent to SBS S.p.A. and that on the request of the User shall be reproduced on the “PERSONALISED COVERS”.
6. External hyperlinks
The website may contain hyperlinks to other websites. SBS S.p.A. assumes no liability whatsoever for any content or services offered by third parties, nor does it guarantee the technical availability, reliability or lawfulness of any material or information contained in the linked internet sites over which SBS has no control.
The possible introduction of a link does not infer any type of association, merger or interest of SBS S.p.A. with the holders and the contents of the linked websites.
The User shall be responsible for taking all due precautions to guarantee that any material and/or content downloaded and/or used is free of any damaging elements, such as viruses, Trojan horses and worms.
Cookies are small text files that the websites visited by users send through to their terminals (usually to the browser), where they are stored to then be retransmitted to the same websites when the same users subsequently revisit the sites.
By way of example, SBS use session cookies to store the shopping basket of online purchases, authentication cookies, the analytics cookies that make it possible to statistically analyse accesses/visits by Users to the Website, in addition to those cookies referred to under the “Cookies Policy” Section of the Website that users are urged to read carefully
To disable cookies, follow the simple instructions below regarding the five most common browsers:
For additional information on managing cookies, select the "help" option in your browser to view the online guide.
For additional information on managing cookies, Users are requested to consult the "Cookies Policy" for further information on the cookies used on the Website.
For further information on the technologies used by SBS on the Website, Users may write to the following e-mail address email@example.com.
8. Duration and amendment of these Conditions
SBS S.p.A. reserves the right to modify and/or update these General Conditions for access and use at any moment and without notice. Any amendments shall be effective immediately from the first publication on the Website and shall remain in force until subsequent new amendments.
9. Applicable law and jurisdiction
These Website access and use conditions and the use itself of the Website on the part of the User are governed by Italian law.
Any dispute regarding the interpretation, application, validity and execution of these Website use conditions or the use on the part of the user shall fall under the exclusive jurisdiction of the Court of Verbania of the Italian Judicial Authority.
10. Partial nullity
In the case of the nullity of one or more of these clauses or part of them, due to conflict with mandatory provisions of law, such clauses shall be understood as legitimately replaced, only within the limits of the conflict, by what is contemplated by law.