WELCOME TO REGISTERED, A MARKETPLACE FOR SPORTS, ARTS AND LEISURE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT RULES REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS AND CONDITIONS (HEREIN ALSO DEFINED AS “TERMS”, “AGREEMENT” or “CONTRACT”) ARE BINDING UPON THE PARTIES.
(points I and II jointly referred to as the “Services”).
2.1 www.registered.store is owned and operated by REGISTERED S.R.L., a limited company registered in Italy, whose registered address is at via Giovanni Paisiello 12, 00198 Roma, VAT number 14356481003 (hereinafter also referred to as “REGISTERED”, “Service Provider”, “We”, “Us” or “Ours”).
2.2 REGISTERED is an IT company focused on developing innovative online solutions for Activity management.
2.3 These Terms, together with any and all other documents referred to herein, set out the rules under which You are allowed to use this platform and its services. In this Contract, any term used where singular shall include the plural and vice-versa, and any term in the masculine shall include the feminine.
3.1 Members will be required to fully accept these Terms when signing up for an account or registering to an Activity. Please read these Terms before using or continuing to use the Site. Users shall not agree to the Terms unless they fully understand and accept each one. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. If any provision of the Terms is held invalid by any competent court, the Parties agree that the other provisions of the Terms will remain in full force and effect.
3.2 The provisions of these Terms apply to the use of the Site and the provision of Services, including the . By creating or registering to an Activity, Users agree to be bound also to Activity rules, which will be applicable between only, REGISTERED excluded. In case of any inconsistency or contrast between the Activity rules and these Terms, the latter shall prevail.
3.3 If there is any inconsistency between the interpretation of the Italian version and the translated version of these Terms, the meaning under the Italian version shall prevail.
4.1 Promoters must register and create an account in order to fully use the Services including create and submit a new Activity, monitor Participants’ registrations, collect fees and communicate with Participants and Service Provider.
4.2 To register an account, Promoters need to access the Platform and provide the required information, including a current e-mail address which also serves the communication between the Parties. When registering an account, Promoter represents and warrants that the information provided as part of the registration process is accurate and not misleading. If any of their information changes later, it is Your responsibility to ensure that the account is kept up-to-date.
4.3 Upon successful registration, REGISTERED will provide Promoters with an account protected by a username and a password determined during the registration process. Users will have to set the password upon their first login. An account is personal and cannot be transferred to any third party without Our approval.
4.4 Promoters are responsible for safeguarding their passwords. Promoters agree not to disclose their password nor any other account details to any third party and that they will take sole responsibility for any activities or actions under their accounts, whether or not they have authorized such activities or actions. Promoters will immediately notify Service Provider of any unauthorized use of their accounts via e-mail.
4.5 Promoters must be real persons or entities to open an account and must register no more than 1 (one) account. Multiple accounts or accounts set up by automated methods of access to the Site are not permitted and will be removed.
4.6 When creating an account, Promoters will be asked to provide customary billing information as better described under article 8 “Service Fee and Payment”.
4.7 The Site and its Services are intended for persons who are 18 or older. For anyone under 18 an official representative of such person shall agree and be the guarantor of the activities made by this person on the Site. By accessing or using the Site and its Services, Members represent and warrant to have the legal age to enter into a legally binding contract.
5.1 When creating an Activity, Promoters must enter the information required to define the Activity and submit such information through an online form or by e-mail. Information includes venue, date, description and images that represent the Activity. Once the form has been submitted, this will be subject to a pre-screen by the Service Provider itself or by any other person duly authorized in this regard. Please note that We reserve the right to reject any Activity if it is considered to qualify for any of the points under article 7 “Prohibited Activities and registrations”.
5.2 Promoters are allowed through the Platform to collect registrations, including monitoring the number of Participants and download a list of those, communicate with Participants by e-mail.
5.3 If the Activity is approved, Promoter will be contacted through e-mail or by phone by the Service Provider to define further details concerning the Activity, including in order to verify its identity or the entity it represents, bank account details for payments, number of registrations on sale, price, the registration period. Promoter guarantees that all information provided is accurate. Promoter shall provide a detailed description of the Activity according to the information solicited during the process and upload the Activity rules.
5.4 Promoter is responsible to determine in advance both the number and cost of registrations for each Activity.
5.5 Once the Activity is approved, REGISTERED will publish the Activity on behalf of the Promoter.
Activity rules set out the rules that Participants must follow when joining an Activity. Promoter is required to upload Activity rules every time it creates a new Activity. Those rules must include at least the following points:
7.1 The following type of Activities are prohibited and will be rejected:
7.2 REGISTERED is an online venue where Promoters can publish activities based on participation in sports, arts or other disciplines for learning, recreational or competitive purposes. REGISTERED is not a ticketing platform but a hosting Platform. Sale or resale of tickets related to amusement/entertainment activities or show performances are prohibited. Any breach of this provision will constitute a material breach and give rise to immediate termination of Your Account according to article 1456 of the Italian Civil Code.
8.1 Unless otherwise agreed or specified, REGISTERED does not charge Members any fee for accessing and using the Platform or listing an Activity.
8.2 However, if a Participant decides to register to an Activity, then as a result of the use of this Site and Services, Service Provider does charge Participants a fee as better specified under clause 9.3 of this Contract.
8.3 Participants, as a result of registering to an Activity and in consideration for receiving the Services, expressly agree to pay REGISTERED a fee equal to €0,50 + 2,5% of the Activity cost as set by Promoter for a specific Activity (hereinafter also referred to as “Service Fee”)
8.4 Promoters have the option to bear the Service Fee. This option may be requested when creating a new Activity. If a Promoter decides to bear the Service Fee, then REGISTERED will deduct the Service Fee directly from the Activity cost and Promoter will receive the payout net of the Service Fee.
8.5 Payments will be processed through Stripe, a third-party payment application. Members will effect the applicable payment transaction through Stripe. Promoters will collect all payments directly from Participants as they register to an Activity, REGISTRED excluded. REGISTERED is not affiliated with, does not endorse or recommend, and has no agency or employment relationship with Stripe. REGISTERED has no responsibility for or control over, and hereby disclaims all liability arising from or relating in any way to, the acts or omissions of Stripe or Your use of Stripe (including, without limitation, any fraud or other losses or any unauthorized loss, destruction, use, disclosure or alteration of Your data that may occur in connection with Your use of Stripe).
8.6 As mentioned under clause 8.5, payment processing services for Members on Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Termini di Servizio Stripe (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and continuing to operate as a Member on this Site, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of REGISTERED enabling payment processing services through Stripe, You agree to provide REGISTRED accurate and complete information about You and Your business, and you authorize Service Provider to share it any transaction information related to Your use of the payment processing services provided by Stripe.
9.1 In accordance with letter n) paragraph I of art. 59 Legislative Decree of 06/09/2005 no. 206 as amended and supplemented (“Consumer Code”), consumers withdrawal right is expressly excluded when related to contracts for the provision of leisure services on a specific date. Therefore, Participants are aware that once a registration has been made, it will not be possible to cancel the order.
10.1 Promoters are solely responsible and accept full responsibility for the organization and management of the Activity listed on the Platform. REGISTERED excludes any and all liability associated with the Activity published on the Site and accepts no responsibility for any loss or damage to Participants, including body injury, death, or property damage resulting from participation in the Activity.
10.2 Promoters agree to hold Service Provider harmless in the following cases:
10.3 In the event of cancellation, rescheduling not agreed with the Participant or failure to provide the advertised Activity not due to Participants’ fault, Promoter agrees to refund without undue delay any payment received from Participants.
10.4 Promoters are aware and take on full responsibility for the Activity management and organization. By accepting a registration through the Platform, Organizer is aware and accepts to enter a contractual relationship with one or more Participants and that REGISTERED acts as mere service provider and is not involved in the organization and management of the Activity.
10.5 To this purpose the Organizer is responsible for the Activity organization, for any postponement, cancellation and reimbursement of the listed Activities, as per article 12 “Promoters liability”.
10.6 Once the registration is completed, confirmations will be delivered in electronic form for immediate printing to the e-mail address provided during the registration process.
11.1 REGISTERED makes the Platform available with related technology for Members to connect, facilitate registrations to Activities and exchange payments using Stripe as a third-party payment service provider. Even though REGISTERED connects its Members, Service Provider does not offer registrations to Activities nor is it an Activity organizer and therefore disclaims all liability arising from or related to the ActivityActivities, including their content.
11.2 REGISTERED responsibilities are limited to:
11.3 REGISTERED creates and maintains the online Platform, however is not responsible for services and applications offered by third parties within the Site (e.g. payment processing services).
11.4 Promoters are responsible to find out about their legal, tax, and social obligations and to comply with the same.
Users recognize that the Site shall be used solely in compliance with the terms and conditions set forth in this Contract. If We believe you are abusing the Platform in any way, the personal information you entered is not correct, or You do not respect these Terms, We may, in our sole discretion and without limiting other remedies, suspend or terminate your Account(s) and access to the Platform.
You must refrain from carrying out the following:
13.1 Except for User Content as defined below, all content included in the Site and the copyright and other intellectual property rights subsisting in all content that Service Provider makes available through the Site or Services belong to or has been licensed by Us. All content is protected by applicable Italian Copyright Laws and international intellectual property laws and treaties.
13.2 “Service Provider Trademarks” means all names, marks, brands, logos, designs, slogans and other designations REGISTERED uses in connection with its Services. Users may not use, remove or alter any Service Provider Trademarks, or co-brand their own products or services with Service Provider Trademarks, without Service Provider prior written consent.
13.3 “REGISTERED Content” means all content that REGISTERD makes available through the Site or Services, including any content licensed from a third party, but excluding User Content. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license on REGISTERED intellectual property rights. Except as expressly authorized by REGISTERED and except as otherwise provided by mandatory law, Users agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of REGISTERED Content, in whole or in part, by any means. User Content includes any material uploaded or submitted by Users. With respect to User Content You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When You submit User Content You grant Us an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display and publish such User Content (including in digital form).
14.1 Promoters agree that they will be solely responsible for content they upload on the Platform. Specifically, you as a Promoter agree, represent and warrant that you have the right to submit such content and that You will not submit, communicate or otherwise do anything that: a) promotes or assists in any form of unlawful activity; b) infringes, or assists in the infringement of, the intellectual property rights including, but not limited to, copyright, trademarks and database rights of a third party; c) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
14.2 Members agree to:
14.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by You under this article. You will be responsible for any loss or damage suffered by Us as a result of such breach.
14.4 Access to the Platform is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the use of the Platform at any time, including for maintenance. In case of suspension, Service Provider will make any reasonable effort to alert Members before such suspension may take place however, We will not be liable to You in any way if our Site (or any part of it) is unavailable at any time and for any period.
15.1 By registering to an Activity, Participants agree to share their personal information with Promoters in order to process a registration.
15.2 You as an Organizer, agree to process Participants’ personal data as Data Controller for your purposes and according to the Genera Data Protection Regulation EU 2016/679. You pledge to implement adequate security measures to protect Participant’s data, inform Participants about their rights, not to process data for a purpose considered to be incompatible with the initial purposes of processing.
15.3 You, as Promoter, agree to hold Service Provider harmless for any misuse or unauthorized use of Participants’ personal data.
16.1 Users may find links to other websites or resources on the Platform. Users accept that links or banners to third-party websites are provided for Users convenience only, and if Users click on a link or banner to a third-party website, they will be subject to those third-party websites terms and conditions, including any assumption of warranties, and privacy and security policies. Users acknowledge and agree that REGISTERED is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
16.2 REGISTERED will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. Users acknowledge sole responsibility for and assume all risk arising from his or her use of any such websites or resources or the content, products or services on or available from such websites or resources.
17.1 Participants understand and are aware that by registering to an Activity, they will enter into a contract directly with Promoters and that Promoters, not REGISTERED, are responsible for the registration and the Activity.
17.2 Therefore, Service Provider shall not be held responsible for any Activity that may or may not happen during the execution of the Activity, neither it guarantees any Activity listed on the Site will satisfy any expectation or will be successful.
Service Provider reserves the right, at its sole discretion, to modify the Site or these Terms, at any time for technical or commercial reasons. If REGISTERED modifies these Terms, it will notify users by e-mail with a 30 days’ minimum notice. Service Provider will also update the “Last Updated” date at the bottom of these Terms. By continuing to access or use the Site after We have provided Users with notice of a modification, You fully agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, the only recourse is to cease using the Site. Users must review these Terms on a regular basis to keep themselves informed of any changes.
19.1 In the Activity of a material breach by Users of this Terms including but not limited to fraud and good faith duties, Service Provider reserves the right to: (a) terminate Users’ access to the Service; (b) deactivate any of Users’ accounts and access to all related information and files in such accounts as well as remove Users’ Content; and (c) bar Users’ access to the Platform.
19.2 In addition, REGISTERED reserves the right at any time and without any prior notice to remove any Activity listing on the Site which in Service Provider’ sole discretion considers to be objectionable, in violation or breach of these Terms, or otherwise harmful to the Site and/or Services. Upon such listing disabling, Promoters may not claim any fees, payments or damage in relation to any Activity already listed.
19.3 Users may deactivate their Accounts at any time via their profile page or by sending an email to accounting@registered.store
19.4 REGISTERED reserves the right to suspend or terminate a User’s account or access to the Site:
20.1 This Contract and all matters arising out of or relating to it (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Italy.
20.2 Any claim or dispute arising out of or relating to this Contract (including non-contractual disputes or claims and their interpretation) shall be subject to the jurisdiction of Rome courts, Italy.
20.3 If a User is also considered a consumer under the consumer code, he or she may decide to take action in the court of law of residence.
20.4 In accordance with Article 14 of the EU Regulation of the European Parliament and Council No. 524/2013, We provide the link to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/
Last updated: 15 May 2018
Name: Registered S.r.l.
Address: Via Giovanni Paisiello 12, 00198 Roma, Italia
Email Address: privacy@registered.store
a. Contractual purpose
The Data Controller will process personal data for contractual purposes. Data processing is therefore necessary in the context of a contract. Personal data will be collected through the online contact and register forms available on the website. Specifically, personal data will be processed in order to allow data subject to:
b. Marketing Purpose of Data Controller
We will process personal data for direct marketing purposes (contacting You by e-mail, market analysis). This processing will take place in compliance with Directive 2009/136/EC, as well as REGULATION 2016/679. You will always have the opportunity to object to such processing and opt-out by clicking the cancellation link (“unsubscribe”) found at the bottom of each e-mail received or by sending an email to privacy@registered.store
c. Third party marketing purpose
With your consent, We will also disclose Your personal data to Promoters for their direct marketing purposes (market research, sending marketing messages). Promoters will then be able to inform you and update you on new events through both manual and automated messaging tools (e-mail, post). You will always have the opportunity to opt-out and withdraw your consent, by contacting directly the Promoter or by clicking the cancellation link (“unsubscribe”) found at the bottom of each e-mail received.
a. Contract execution and provision of services
Under Regulation EU 2016/679, Data Controller must always have a lawful
basis for processing personal data. In this circumstance, the data is
necessary for our performance of services to You. We will not keep your
personal data for any longer than is necessary in light of the reason(s)
for which they were first collected, as better explained under “Data
Storage Period” chapter. Your personal data will therefore be kept until
you intend to use our services and will be deleted thereafter. If You do
not accept and agree to such processing, We will not able to provide the
services.
b. Consent
If We believe it is not possible for Us to rely on legitimate interest as
a legal basis for processing your personal data, We will ask Your consent
to process personal data for Our marketing purposes (market research,
sending e-mails). With Your consent, we will also disclose Your personal
data for Promoters’ direct marketing purposes. Promoters will then be able
to inform You and update You on new activities through both manual and
automated messaging tools (e-mail, post). You will always have the
opportunity to opt-out and withdraw your consent, by contacting directly
the Promoter or by clicking the cancellation link (“unsubscribe”) found at
the bottom of each e-mail received.
c. Legitimate Interest
In compliance with article 13 paragraph 2 of Directive 2009/136/EC, as well as with reference to Recital (27) of REGULATION 2016/679, We may use your e-mail address obtained through the online forms and obtained in the context of the sale of our services, to send You electronic communications concerning the direct marketing of Our products or services and as long similar to those You showed an interest for. You will have the right, at any time and free of charge, to oppose this processing of Your data for direct marketing purposes by clicking the cancellation link (“unsubscribe”) found at the bottom of each e-mail received.
Per erogare i servizi, permetterti di utilizzare il sito e per finalità di marketing, potremmo condividere i tuoi dati con i seguenti destinatari.
I. Promoters
Promoters are third party entities (individuals or companies) whose activities are listed and sold through the website (“Promoters”). Promoters can set up event registration online forms to collect Attendees’ information in connection with their registration to an event listed on the Platform. When an Attendee registers for an activity, his or her personal data are disclosed to Promoters. Such disclosure is required for contractual purposes and necessary to complete the purchasing transaction. Data disclosed may include Participant’s name, email address and contact details. Promoters receiving this information should only use it for purposes related to the transaction. They should not contact Participants for other incompatible purposes other than entering into a transaction, unless Attendees have given their free, specific, informed and unambiguous consent. Promoters are data controllers in respect of these data and therefore responsible to lawfully process personal data collected through the event registration form.
II. Altemica S.R.L. Via Bartolomeo Colleoni, 2 - 00176 Roma (RM)
Altemica is an Italian provider of hosting services. Altemica will act as
data processor as it will process personal data, which are stored within
its databases or servers, on Data Controller behalf. Data Processor has
undertaken to ensure that any and all personal information collected
through the Data Controller’s website is gathered, processed and held in
accordance with the relevant provisions of the GDPR. Here You can find
more information on how Altemica is processing personal data at the
following link www.altemica.com/privacy-cookie-policy
The Rocket Science Group is the owner of a marketing automation platform
known as “MAILCHIMP”. Newsletters will be sent using Mailchimp platform.
The provision of the services by Mailchimp involves it in processing the
personal data on behalf of the Data Controller.
Under EU Regulation 2016/679 General Data Protection Regulation (“the
GDPR”) (Article 28, paragraph 3), the Data Controller is required to put
in place an agreement in writing between the Data Controller and any
organization which processes personal data on its behalf governing the
processing of that data. Therefore, the Data Controller has entered into a
data processing agreement with MailChimp (“Data Processor”) to ensure
compliance with the said provisions of the GDPR in relation to all
processing of the Personal Data by the Data Processor for the Data
Controller. You can find more information on how Mailchimp is processing
personal data at the following link: https://mailchimp.com/legal/privacy/?_ga=2.212925458.74393180.1526551979-315691423.1526306073
IV. Stripe, Inc - payment processing services
Stripe’s services in Europe are provided by a Stripe affiliate—Stripe
Payments Europe Limited (“Stripe Payments Europe”)—an entity located in
Ireland and subject to European law. Stripe Payments Europe Limited may
transfer personal data to Stripe, Inc., located in the US. To ensure the
adequate protection of personal data, Stripe, Inc., has certified to the
EU-U.S. and Swiss-U.S. Privacy Shield Framework. To check how Stripe
processes your personal data please refer to the following link https://stripe.com/privacy-shield-policy
Under EU Regulation 2016/679 General Data Protection Regulation
(“the GDPR”) (Article 28, paragraph 3), the Data Controller is required to
put in place an agreement in writing between the Data Controller and any
organization which processes personal data on its behalf governing the
processing of that data. Therefore, the Data Controller has entered into a
data processing agreement with Stripe Inc (“Data Processor”) to ensure
compliance with the said provisions of the GDPR in relation to all
processing of the Personal Data by the Data Processor for the Data
Controller.
Transfer of data to: United States. Both Stripe, Inc and MailChimp participate in and have certified their compliance with the EU-U.S. Privacy Shield Framework and are therefore deemed to ensure, according to the European Commission, an adequate level of protection for personal data transferred from the data Controller to the Data Processors.
Article 26 of the EU Regulation 679/2016 states that “Where two or more
controllers jointly determine the purposes and means of processing, they
shall be joint controllers. They shall in a transparent manner determine
their respective responsibilities for compliance with the obligations
under this Regulation, in particular as regards the exercising of the
rights of the data subject and their respective duties to provide the
information referred to in Articles 13 and 14, by means of an arrangement
between them unless, and in so far as, the respective responsibilities of
the controllers are determined by Union or Member State law to which the
controllers are subject”.
The Data Controller has entered into a joint controller agreement with
Promoters. Both Controller and Promoters determine the purposes and means
of processing of users’ personal data. Promoters will process user’s
personal data for the purpose of activity registration and participation,
as well as to send marketing e-mails with user’s previous explicit
consent.
The processing of personal data strictly necessary for the purposes indicated under this Privacy Policy. Promoters Identity Verification Information: will be kept only for the time strictly necessary to permit verification and thereafter deleted. Account Information: will be kept until user decides to delete its account or up to contract termination.
You can enforce your rights at any time by sending us an e-mail to the
following address: privacy@registered.store
We have a duty to respond to your requests at the latest within one month
of receiving them. This deadline may be extended by two additional months
if necessary, taking into account the complexity and the number of
requests received. In case of extension you will be informed of the delay
and the reasons.
If We do not take action on your request, We will inform you without delay
and at the latest within one month of receipt of your request of the
reasons for not taking action and on the possibility of lodging a
complaint with a supervisory authority and seeking a judicial remedy.
Last updated: 15 May 2018
DATA PROCESSING AGREEMENT
BETWEEN
REGISTERED a limited liability company and innovative startup with registered office at Via Giovanni Paisiello 12, 00198 Rome, VAT number 14356481003 (hereinafter also referred to as “data processor” or “REGISTERED”)
and
The Promoter, as defined in the Platform Terms of Use and Service (hereinafter also referred to as “data controller” or “Promoter”).
In this agreement, Processor and Controller may be also be referred to as “Party” or “Parties”.
This Agreement contains the entire agreement of the Parties concerning the processing of Personal data by REGISTERED on behalf of Promoter in connection with the provision of the Services. This Agreement supersedes and replaces the Joint Controller Agreement concluded between the Parties in respect thereof, as of the date of its acceptance.
Preamble
These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.
The Parties have entered into a service contract (“Service Contract”) governing the use of www.registered.store website and the provision of services (“Services”). The use of www.registered.store (“Site” or “Platform”) implies the processing of users’ personal data by the data processor on behalf of the data controller, for the purposes and with the means determined by the data controller and indicated in this agreement and in the Service Contract.
The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
In the context of the provision of www.registered.store website, including its tools and functionalities, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.
The Clauses shall take priority over any similar provisions contained in other agreements between the parties.
Three appendices are attached to the Clauses and form an integral part of the Clauses.
Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.
Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorised by the data controller.
Appendix C contains the data controller’s instructions with regards to the processing of personal data and the minimum security measures to be implemented by the data processor.
The Clauses along with appendices shall be retained in writing, including electronically, by both parties.
The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.
The rights and obligations of the data controller
The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or EEA Member States data protection provisions and the Clauses.
The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.
The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.
The data processor acts according to instructions
The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.
The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.
Confidentiality
The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.
The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.
Security of processing
Article 32 GDPR stipulates that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:
Pseudonymisation and encryption of personal data;
the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.
Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.
If subsequently – in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix C.
Use of sub-processors
The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).
The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorization of the data controller.
The data processor has the data controller’s general authorisation for the engagement of sub-processors.
The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 15 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorised by the data controller can be found in Appendix B.
Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.
The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.
A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.
If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.
Transfer of data to third countries or international organisations
Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR and Appendix C3.
In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.
Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:
transfer personal data to a data controller or a data processor in a third country or in an international organization;
transfer the processing of personal data to a sub-processor in a third country;
have the personal data processed in by the data processor in a third country;
The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.
Assistance to the data controller
Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR. This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:
the right to be informed when collecting personal data from the data subject
the right to be informed when personal data have not been obtained from the data subject
the right of access by the data subject
the right to rectification
the right to erasure (‘the right to be forgotten’)
the right to restriction of processing
notification obligation regarding rectification or erasure of personal data or restriction of processing
the right to data portability
the right to object
the right not to be subject to a decision based solely on automated processing, including profiling
In addition to the data processor’s obligation to assist the data controller pursuant to Clause 5.3., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:
The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;
the data controller’s obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
the data controller’s obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment);
the data controller’s obligation to consult the competent supervisory authority, prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.
The parties shall define in Appendix C the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 8.1. and 8.2.
Notification of personal data breach
In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.
The data processor’s notification to the data controller shall, if possible, take place within 48 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.
In accordance with Clause 8(2)(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:
The nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
the likely consequences of the personal data breach;
the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.
Erasure and return of data
On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so unless Union or Member State law requires storage of the personal data.
Audit and inspection
The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller. All audits costs are born by the data controller.
The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.
The parties’ agreement on other terms
The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.
Commencement and termination
The Clauses shall become effective on the date of the data controller’s electronic acceptance.
Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.
The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.
If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 10.1., the Clauses may be terminated by written notice by either party.
Appendix A Information about the processing
A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:
The Parties have entered into a service contract (“Service Contract”) governing the use of www.registered.store website and the provision of services (“Services”).
The purpose of data processing is to provide an online platform where Promoters can create, list Activities and collect registrations for both free and paid activities, track attendance and collect fees.
A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):
The nature of the processing will involve collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data by automated and manual means of processing.
A.3. The processing includes the following types of personal data about data subjects:
Name, e-mail address, telephone number, address, national identification number, payment details, membership number, type of membership, date and place of birth, age and tax code.
A.4. Processing includes the following categories of data subject:
Website users.
A.5. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:
Depending on the contract’s length and based on the use of services by Promoters.
Appendix B Authorised sub-processors
B.1. Approved sub-processors
On commencement of the Clauses, the data controller authorises the engagement of the following sub-processors:
Amazon Web Services EMEA SARL
Service provided and description of processing: Hosting. Processing include compute and storage of personal data.
Country of processing: Europe and USA
Privacy policy: https://aws.amazon.com/it/compliance/gdpr-center/
Service provided and description of processing: Payment services. Stripe operates and
manages an electronic commerce platform and facilitates payment transactions on the platform.
Country of processing: Europe and USA
Privacy policy: https://stripe.com/it/ssa#section_d
Service provided and description of processing: SparkPost provides an email delivery, analytics, and intelligence service and other related services.
Country of processing: USA
Privacy policy https://www.sparkpost.com/policies/privacy/
Appendix C Instruction pertaining to the use of personal data
C.1. The subject of/instruction for the processing
The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:
Data controller instructs data processor to process personal data in accordance with the Service Contract (including, for the avoidance of doubt, to perform its other obligations and exercise its rights under the Agreement) and to comply with data controller’s other reasonable instructions (e.g., via email) where such instructions are consistent with the Services Contract. Data processor shall: (i) Process personal data only on data controller’s behalf and in accordance with data controller’s documented lawful instructions; (ii) notify data in writing immediately if, in data processor’s reasonable opinion, data processor believes that any instruction given by data controller infringes the GDPR; (iii) perform the services and process personal data in compliance with the GDPR and the Service Contract; (iv) promptly notify data controller of any noncompliance with this agreement. The parties agree that this agreement and the Agreement set out the data controllerr’s complete and final instructions to data processor in relation to the processing of personal data and processing outside the scope of these instructions (if any) will require prior written agreement between data controller and data processor.
C.2. Security of processing
SSL certificate.
Ability to restore the availability and access to personal data in a timely manner.
Non-disclosure agreements: all the persons authorized to process personal data have committed themselves to confidentiality.
Subprocessors:
Amazon Web Services security measures
https://aws.amazon.com/it/blogs/security/all-aws-services-gdpr-ready/
Stripe security measures
https://stripe.com/docs/security/stripe
Message Systems Inc. security measures
https://www.sparkpost.com/policies/security/
C 3. Instruction on the transfer of personal data to third countries
Transfer to a third country outside of the European Economic Area may only happen as long as the data importer has entered into a data processing agreement implementing the Standard Contractual Clauses for the transfer of personal data to data processors established in third countries adopted by the European Commission decision (C(2010)593) of 5 February 2010 and as long as the data importer can guarantee an adequate level of protection similar to that applicable in the European Economic Area, by applying additional security measures.
A Cookie is a small text file that can be stored on the computer of users when they access a website to be then transmitted again to the same website when users return. Generally speaking, cookies may be used for different purposes: to perform the log-in and to monitor use of the website, but also to store information on specific configurations regarding users who access the server, to store their preferences and for other purposes. The website uses technical, analytics and remarketing cookies, namely:
Technical or strictly necessary cookies
The website uses cookies required to allow users to correctly browse, to use the interactive services and to facilitate and improve users’ experience of our Site. Certain features of our site depend on Browser Cookies to function.
Analytics Cookies
The website also uses Google Analytics cookies to collect information in aggregate form on the number of users and on how users use the website. This is a web analysis service provided by Google Inc. The generated information is used to indicate the trends of users on this website without identifying individual visitors and to make reports on use of the website itself. The data generated by Google Analytics is stored by Google as indicated in the policy which can be found at the following link: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To consult the privacy policy of the company Google Inc., visit the website: http://www.google.com/intl/en/analytics/privacyoverview.html.
The data controller masked the IP address on Google Analytics as described at this link: https://support.google.com/analytics/answer/2763052?hl=it , deactivated all data sharing through its analytics account settings, accepted the The Google Ads Data Processing Term as provided for by Google Analytics according to the General Data Protection Regulation (GDPR). Google is therefore committed to process persona data according to its customer’s requirements and not sharing them with other services. To opt-out of Analytics for the web, visit the Google Analytics opt-out page and install the add-on for your browser. For more details on installing and uninstalling the add-on, please see the relevant help resources for your specific browser.
Tracking/profiling cookies
Third party cookies installed through this website allow to track users and provide them with offers and commercial communications that meet their specific needs. They may track users by collecting some information about the pages they visit in order to send tailored advertising. Users will still have the option of denying the automatic installation of cookies through the banner. To ensure greater transparency, hereinafter it follows a list of third-party cookies currently used on the website. Below we list third party service providers and tracking cookies currently featured on the website.
Below we list third party service providers and tracking cookies currently featured on the website.
| Cookie/Script | Provider | Purpose |
If you decide not to allow technical cookies to be installed on your computer many functions and services may not be available. Therefore, if you decide to block the storing or remove the technical cookies, we can no longer guarantee the correct functioning of the website. Instead, blocking tracking/remarketing cookies does not affect your use of the website. Tracking cookies are automatically disabled. You can however activate them by customizing the settings on the cookie banner, where you can allow some or all of the cookies. Subject to what is indicated above in relation to cookies required for browsing, you may delete other cookies via your browser. Each browser allows you to limit and delete cookies by way of the settings. For further information on the management of cookies, consult the relevant link indicated below:
Last updated: 3 Luglio 2018
WELCOME TO REGISTERED, A MARKETPLACE FOR SPORTS, ARTS AND LEISURE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT RULES REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS AND CONDITIONS (HEREIN ALSO DEFINED AS “TERMS”, “AGREEMENT” or “CONTRACT”) ARE BINDING UPON THE PARTIES.
(points I and II jointly referred to as the “Services”).
2.1 www.registered.store is owned and operated by REGISTERED S.R.L., a limited company registered in Italy, whose registered address is at via Giovanni Paisiello 12, 00198 Roma, VAT number 14356481003 (hereinafter also referred to as “REGISTERED”, “Service Provider”, “We”, “Us” or “Ours”).
2.2 REGISTERED is an IT company focused on developing innovative online solutions for Activity management.
2.3 These Terms, together with any and all other documents referred to herein, set out the rules under which You are allowed to use this platform and its services. In this Contract, any term used where singular shall include the plural and vice-versa, and any term in the masculine shall include the feminine.
3.1 Members will be required to fully accept these Terms when signing up for an account or registering to an Activity. Please read these Terms before using or continuing to use the Site. Users shall not agree to the Terms unless they fully understand and accept each one. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. If any provision of the Terms is held invalid by any competent court, the Parties agree that the other provisions of the Terms will remain in full force and effect.
3.2 The provisions of these Terms apply to the use of the Site and the provision of Services, including the . By creating or registering to an Activity, Users agree to be bound also to Activity rules, which will be applicable between only, REGISTERED excluded. In case of any inconsistency or contrast between the Activity rules and these Terms, the latter shall prevail.
3.3 If there is any inconsistency between the interpretation of the Italian version and the translated version of these Terms, the meaning under the Italian version shall prevail.
4.1 Promoters must register and create an account in order to fully use the Services including create and submit a new Activity, monitor Participants’ registrations, collect fees and communicate with Participants and Service Provider.
4.2 To register an account, Promoters need to access the Platform and provide the required information, including a current e-mail address which also serves the communication between the Parties. When registering an account, Promoter represents and warrants that the information provided as part of the registration process is accurate and not misleading. If any of their information changes later, it is Your responsibility to ensure that the account is kept up-to-date.
4.3 Upon successful registration, REGISTERED will provide Promoters with an account protected by a username and a password determined during the registration process. Users will have to set the password upon their first login. An account is personal and cannot be transferred to any third party without Our approval.
4.4 Promoters are responsible for safeguarding their passwords. Promoters agree not to disclose their password nor any other account details to any third party and that they will take sole responsibility for any activities or actions under their accounts, whether or not they have authorized such activities or actions. Promoters will immediately notify Service Provider of any unauthorized use of their accounts via e-mail.
4.5 Promoters must be real persons or entities to open an account and must register no more than 1 (one) account. Multiple accounts or accounts set up by automated methods of access to the Site are not permitted and will be removed.
4.6 When creating an account, Promoters will be asked to provide customary billing information as better described under article 8 “Service Fee and Payment”.
4.7 The Site and its Services are intended for persons who are 18 or older. For anyone under 18 an official representative of such person shall agree and be the guarantor of the activities made by this person on the Site. By accessing or using the Site and its Services, Members represent and warrant to have the legal age to enter into a legally binding contract.
5.1 When creating an Activity, Promoters must enter the information required to define the Activity and submit such information through an online form or by e-mail. Information includes venue, date, description and images that represent the Activity. Once the form has been submitted, this will be subject to a pre-screen by the Service Provider itself or by any other person duly authorized in this regard. Please note that We reserve the right to reject any Activity if it is considered to qualify for any of the points under article 7 “Prohibited Activities and registrations”.
5.2 Promoters are allowed through the Platform to collect registrations, including monitoring the number of Participants and download a list of those, communicate with Participants by e-mail.
5.3 If the Activity is approved, Promoter will be contacted through e-mail or by phone by the Service Provider to define further details concerning the Activity, including in order to verify its identity or the entity it represents, bank account details for payments, number of registrations on sale, price, the registration period. Promoter guarantees that all information provided is accurate. Promoter shall provide a detailed description of the Activity according to the information solicited during the process and upload the Activity rules.
5.4 Promoter is responsible to determine in advance both the number and cost of registrations for each Activity.
5.5 Once the Activity is approved, REGISTERED will publish the Activity on behalf of the Promoter.
Activity rules set out the rules that Participants must follow when joining an Activity. Promoter is required to upload Activity rules every time it creates a new Activity. Those rules must include at least the following points:
7.1 The following type of Activities are prohibited and will be rejected:
7.2 REGISTERED is an online venue where Promoters can publish activities based on participation in sports, arts or other disciplines for learning, recreational or competitive purposes. REGISTERED is not a ticketing platform but a hosting Platform. Sale or resale of tickets related to amusement/entertainment activities or show performances are prohibited. Any breach of this provision will constitute a material breach and give rise to immediate termination of Your Account according to article 1456 of the Italian Civil Code.
8.1 Unless otherwise agreed or specified, REGISTERED does not charge Members any fee for accessing and using the Platform or listing an Activity.
8.2 However, if a Participant decides to register to an Activity, then as a result of the use of this Site and Services, Service Provider does charge Participants a fee as better specified under clause 9.3 of this Contract.
8.3 Participants, as a result of registering to an Activity and in consideration for receiving the Services, expressly agree to pay REGISTERED a fee equal to €0,50 + 2,5% of the Activity cost as set by Promoter for a specific Activity (hereinafter also referred to as “Service Fee”)
8.4 Promoters have the option to bear the Service Fee. This option may be requested when creating a new Activity. If a Promoter decides to bear the Service Fee, then REGISTERED will deduct the Service Fee directly from the Activity cost and Promoter will receive the payout net of the Service Fee.
8.5 Payments will be processed through Stripe, a third-party payment application. Members will effect the applicable payment transaction through Stripe. Promoters will collect all payments directly from Participants as they register to an Activity, REGISTRED excluded. REGISTERED is not affiliated with, does not endorse or recommend, and has no agency or employment relationship with Stripe. REGISTERED has no responsibility for or control over, and hereby disclaims all liability arising from or relating in any way to, the acts or omissions of Stripe or Your use of Stripe (including, without limitation, any fraud or other losses or any unauthorized loss, destruction, use, disclosure or alteration of Your data that may occur in connection with Your use of Stripe).
8.6 As mentioned under clause 8.5, payment processing services for Members on Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Termini di Servizio Stripe (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and continuing to operate as a Member on this Site, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of REGISTERED enabling payment processing services through Stripe, You agree to provide REGISTRED accurate and complete information about You and Your business, and you authorize Service Provider to share it any transaction information related to Your use of the payment processing services provided by Stripe.
9.1 In accordance with letter n) paragraph I of art. 59 Legislative Decree of 06/09/2005 no. 206 as amended and supplemented (“Consumer Code”), consumers withdrawal right is expressly excluded when related to contracts for the provision of leisure services on a specific date. Therefore, Participants are aware that once a registration has been made, it will not be possible to cancel the order.
10.1 Promoters are solely responsible and accept full responsibility for the organization and management of the Activity listed on the Platform. REGISTERED excludes any and all liability associated with the Activity published on the Site and accepts no responsibility for any loss or damage to Participants, including body injury, death, or property damage resulting from participation in the Activity.
10.2 Promoters agree to hold Service Provider harmless in the following cases:
10.3 In the event of cancellation, rescheduling not agreed with the Participant or failure to provide the advertised Activity not due to Participants’ fault, Promoter agrees to refund without undue delay any payment received from Participants.
10.4 Promoters are aware and take on full responsibility for the Activity management and organization. By accepting a registration through the Platform, Organizer is aware and accepts to enter a contractual relationship with one or more Participants and that REGISTERED acts as mere service provider and is not involved in the organization and management of the Activity.
10.5 To this purpose the Organizer is responsible for the Activity organization, for any postponement, cancellation and reimbursement of the listed Activities, as per article 12 “Promoters liability”.
10.6 Once the registration is completed, confirmations will be delivered in electronic form for immediate printing to the e-mail address provided during the registration process.
11.1 REGISTERED makes the Platform available with related technology for Members to connect, facilitate registrations to Activities and exchange payments using Stripe as a third-party payment service provider. Even though REGISTERED connects its Members, Service Provider does not offer registrations to Activities nor is it an Activity organizer and therefore disclaims all liability arising from or related to the ActivityActivities, including their content.
11.2 REGISTERED responsibilities are limited to:
11.3 REGISTERED creates and maintains the online Platform, however is not responsible for services and applications offered by third parties within the Site (e.g. payment processing services).
11.4 Promoters are responsible to find out about their legal, tax, and social obligations and to comply with the same.
Users recognize that the Site shall be used solely in compliance with the terms and conditions set forth in this Contract. If We believe you are abusing the Platform in any way, the personal information you entered is not correct, or You do not respect these Terms, We may, in our sole discretion and without limiting other remedies, suspend or terminate your Account(s) and access to the Platform.
You must refrain from carrying out the following:
13.1 Except for User Content as defined below, all content included in the Site and the copyright and other intellectual property rights subsisting in all content that Service Provider makes available through the Site or Services belong to or has been licensed by Us. All content is protected by applicable Italian Copyright Laws and international intellectual property laws and treaties.
13.2 “Service Provider Trademarks” means all names, marks, brands, logos, designs, slogans and other designations REGISTERED uses in connection with its Services. Users may not use, remove or alter any Service Provider Trademarks, or co-brand their own products or services with Service Provider Trademarks, without Service Provider prior written consent.
13.3 “REGISTERED Content” means all content that REGISTERD makes available through the Site or Services, including any content licensed from a third party, but excluding User Content. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license on REGISTERED intellectual property rights. Except as expressly authorized by REGISTERED and except as otherwise provided by mandatory law, Users agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of REGISTERED Content, in whole or in part, by any means. User Content includes any material uploaded or submitted by Users. With respect to User Content You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When You submit User Content You grant Us an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display and publish such User Content (including in digital form).
14.1 Promoters agree that they will be solely responsible for content they upload on the Platform. Specifically, you as a Promoter agree, represent and warrant that you have the right to submit such content and that You will not submit, communicate or otherwise do anything that: a) promotes or assists in any form of unlawful activity; b) infringes, or assists in the infringement of, the intellectual property rights including, but not limited to, copyright, trademarks and database rights of a third party; c) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
14.2 Members agree to:
14.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by You under this article. You will be responsible for any loss or damage suffered by Us as a result of such breach.
14.4 Access to the Platform is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the use of the Platform at any time, including for maintenance. In case of suspension, Service Provider will make any reasonable effort to alert Members before such suspension may take place however, We will not be liable to You in any way if our Site (or any part of it) is unavailable at any time and for any period.
15.1 By registering to an Activity, Participants agree to share their personal information with Promoters in order to process a registration.
15.2 You as an Organizer, agree to process Participants’ personal data as Data Controller for your purposes and according to the Genera Data Protection Regulation EU 2016/679. You pledge to implement adequate security measures to protect Participant’s data, inform Participants about their rights, not to process data for a purpose considered to be incompatible with the initial purposes of processing.
15.3 You, as Promoter, agree to hold Service Provider harmless for any misuse or unauthorized use of Participants’ personal data.
16.1 Users may find links to other websites or resources on the Platform. Users accept that links or banners to third-party websites are provided for Users convenience only, and if Users click on a link or banner to a third-party website, they will be subject to those third-party websites terms and conditions, including any assumption of warranties, and privacy and security policies. Users acknowledge and agree that REGISTERED is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
16.2 REGISTERED will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. Users acknowledge sole responsibility for and assume all risk arising from his or her use of any such websites or resources or the content, products or services on or available from such websites or resources.
17.1 Participants understand and are aware that by registering to an Activity, they will enter into a contract directly with Promoters and that Promoters, not REGISTERED, are responsible for the registration and the Activity.
17.2 Therefore, Service Provider shall not be held responsible for any Activity that may or may not happen during the execution of the Activity, neither it guarantees any Activity listed on the Site will satisfy any expectation or will be successful.
Service Provider reserves the right, at its sole discretion, to modify the Site or these Terms, at any time for technical or commercial reasons. If REGISTERED modifies these Terms, it will notify users by e-mail with a 30 days’ minimum notice. Service Provider will also update the “Last Updated” date at the bottom of these Terms. By continuing to access or use the Site after We have provided Users with notice of a modification, You fully agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, the only recourse is to cease using the Site. Users must review these Terms on a regular basis to keep themselves informed of any changes.
19.1 In the Activity of a material breach by Users of this Terms including but not limited to fraud and good faith duties, Service Provider reserves the right to: (a) terminate Users’ access to the Service; (b) deactivate any of Users’ accounts and access to all related information and files in such accounts as well as remove Users’ Content; and (c) bar Users’ access to the Platform.
19.2 In addition, REGISTERED reserves the right at any time and without any prior notice to remove any Activity listing on the Site which in Service Provider’ sole discretion considers to be objectionable, in violation or breach of these Terms, or otherwise harmful to the Site and/or Services. Upon such listing disabling, Promoters may not claim any fees, payments or damage in relation to any Activity already listed.
19.3 Users may deactivate their Accounts at any time via their profile page or by sending an email to accounting@registered.store
19.4 REGISTERED reserves the right to suspend or terminate a User’s account or access to the Site:
20.1 This Contract and all matters arising out of or relating to it (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Italy.
20.2 Any claim or dispute arising out of or relating to this Contract (including non-contractual disputes or claims and their interpretation) shall be subject to the jurisdiction of Rome courts, Italy.
20.3 If a User is also considered a consumer under the consumer code, he or she may decide to take action in the court of law of residence.
20.4 In accordance with Article 14 of the EU Regulation of the European Parliament and Council No. 524/2013, We provide the link to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/
Last updated: 15 May 2018
Name: Registered S.r.l.
Address: Via Giovanni Paisiello 12, 00198 Roma, Italia
Email Address: privacy@registered.store
a. Contractual purpose
The Data Controller will process personal data for contractual purposes. Data processing is therefore necessary in the context of a contract. Personal data will be collected through the online contact and register forms available on the website. Specifically, personal data will be processed in order to allow data subject to:
b. Marketing Purpose of Data Controller
We will process personal data for direct marketing purposes (contacting You by e-mail, market analysis). This processing will take place in compliance with Directive 2009/136/EC, as well as REGULATION 2016/679. You will always have the opportunity to object to such processing and opt-out by clicking the cancellation link (“unsubscribe”) found at the bottom of each e-mail received or by sending an email to privacy@registered.store
c. Third party marketing purpose
With your consent, We will also disclose Your personal data to Promoters for their direct marketing purposes (market research, sending marketing messages). Promoters will then be able to inform you and update you on new events through both manual and automated messaging tools (e-mail, post). You will always have the opportunity to opt-out and withdraw your consent, by contacting directly the Promoter or by clicking the cancellation link (“unsubscribe”) found at the bottom of each e-mail received.
a. Contract execution and provision of services
Under Regulation EU 2016/679, Data Controller must always have a lawful
basis for processing personal data. In this circumstance, the data is
necessary for our performance of services to You. We will not keep your
personal data for any longer than is necessary in light of the reason(s)
for which they were first collected, as better explained under “Data
Storage Period” chapter. Your personal data will therefore be kept until
you intend to use our services and will be deleted thereafter. If You do
not accept and agree to such processing, We will not able to provide the
services.
b. Consent
If We believe it is not possible for Us to rely on legitimate interest as
a legal basis for processing your personal data, We will ask Your consent
to process personal data for Our marketing purposes (market research,
sending e-mails). With Your consent, we will also disclose Your personal
data for Promoters’ direct marketing purposes. Promoters will then be able
to inform You and update You on new activities through both manual and
automated messaging tools (e-mail, post). You will always have the
opportunity to opt-out and withdraw your consent, by contacting directly
the Promoter or by clicking the cancellation link (“unsubscribe”) found at
the bottom of each e-mail received.
c. Legitimate Interest
In compliance with article 13 paragraph 2 of Directive 2009/136/EC, as well as with reference to Recital (27) of REGULATION 2016/679, We may use your e-mail address obtained through the online forms and obtained in the context of the sale of our services, to send You electronic communications concerning the direct marketing of Our products or services and as long similar to those You showed an interest for. You will have the right, at any time and free of charge, to oppose this processing of Your data for direct marketing purposes by clicking the cancellation link (“unsubscribe”) found at the bottom of each e-mail received.
Per erogare i servizi, permetterti di utilizzare il sito e per finalità di marketing, potremmo condividere i tuoi dati con i seguenti destinatari.
I. Promoters
Promoters are third party entities (individuals or companies) whose activities are listed and sold through the website (“Promoters”). Promoters can set up event registration online forms to collect Attendees’ information in connection with their registration to an event listed on the Platform. When an Attendee registers for an activity, his or her personal data are disclosed to Promoters. Such disclosure is required for contractual purposes and necessary to complete the purchasing transaction. Data disclosed may include Participant’s name, email address and contact details. Promoters receiving this information should only use it for purposes related to the transaction. They should not contact Participants for other incompatible purposes other than entering into a transaction, unless Attendees have given their free, specific, informed and unambiguous consent. Promoters are data controllers in respect of these data and therefore responsible to lawfully process personal data collected through the event registration form.
II. Altemica S.R.L. Via Bartolomeo Colleoni, 2 - 00176 Roma (RM)
Altemica is an Italian provider of hosting services. Altemica will act as
data processor as it will process personal data, which are stored within
its databases or servers, on Data Controller behalf. Data Processor has
undertaken to ensure that any and all personal information collected
through the Data Controller’s website is gathered, processed and held in
accordance with the relevant provisions of the GDPR. Here You can find
more information on how Altemica is processing personal data at the
following link www.altemica.com/privacy-cookie-policy
The Rocket Science Group is the owner of a marketing automation platform
known as “MAILCHIMP”. Newsletters will be sent using Mailchimp platform.
The provision of the services by Mailchimp involves it in processing the
personal data on behalf of the Data Controller.
Under EU Regulation 2016/679 General Data Protection Regulation (“the
GDPR”) (Article 28, paragraph 3), the Data Controller is required to put
in place an agreement in writing between the Data Controller and any
organization which processes personal data on its behalf governing the
processing of that data. Therefore, the Data Controller has entered into a
data processing agreement with MailChimp (“Data Processor”) to ensure
compliance with the said provisions of the GDPR in relation to all
processing of the Personal Data by the Data Processor for the Data
Controller. You can find more information on how Mailchimp is processing
personal data at the following link: https://mailchimp.com/legal/privacy/?_ga=2.212925458.74393180.1526551979-315691423.1526306073
IV. Stripe, Inc - payment processing services
Stripe’s services in Europe are provided by a Stripe affiliate—Stripe
Payments Europe Limited (“Stripe Payments Europe”)—an entity located in
Ireland and subject to European law. Stripe Payments Europe Limited may
transfer personal data to Stripe, Inc., located in the US. To ensure the
adequate protection of personal data, Stripe, Inc., has certified to the
EU-U.S. and Swiss-U.S. Privacy Shield Framework. To check how Stripe
processes your personal data please refer to the following link https://stripe.com/privacy-shield-policy
Under EU Regulation 2016/679 General Data Protection Regulation
(“the GDPR”) (Article 28, paragraph 3), the Data Controller is required to
put in place an agreement in writing between the Data Controller and any
organization which processes personal data on its behalf governing the
processing of that data. Therefore, the Data Controller has entered into a
data processing agreement with Stripe Inc (“Data Processor”) to ensure
compliance with the said provisions of the GDPR in relation to all
processing of the Personal Data by the Data Processor for the Data
Controller.
Transfer of data to: United States. Both Stripe, Inc and MailChimp participate in and have certified their compliance with the EU-U.S. Privacy Shield Framework and are therefore deemed to ensure, according to the European Commission, an adequate level of protection for personal data transferred from the data Controller to the Data Processors.
Article 26 of the EU Regulation 679/2016 states that “Where two or more
controllers jointly determine the purposes and means of processing, they
shall be joint controllers. They shall in a transparent manner determine
their respective responsibilities for compliance with the obligations
under this Regulation, in particular as regards the exercising of the
rights of the data subject and their respective duties to provide the
information referred to in Articles 13 and 14, by means of an arrangement
between them unless, and in so far as, the respective responsibilities of
the controllers are determined by Union or Member State law to which the
controllers are subject”.
The Data Controller has entered into a joint controller agreement with
Promoters. Both Controller and Promoters determine the purposes and means
of processing of users’ personal data. Promoters will process user’s
personal data for the purpose of activity registration and participation,
as well as to send marketing e-mails with user’s previous explicit
consent.
The processing of personal data strictly necessary for the purposes indicated under this Privacy Policy. Promoters Identity Verification Information: will be kept only for the time strictly necessary to permit verification and thereafter deleted. Account Information: will be kept until user decides to delete its account or up to contract termination.
You can enforce your rights at any time by sending us an e-mail to the
following address: privacy@registered.store
We have a duty to respond to your requests at the latest within one month
of receiving them. This deadline may be extended by two additional months
if necessary, taking into account the complexity and the number of
requests received. In case of extension you will be informed of the delay
and the reasons.
If We do not take action on your request, We will inform you without delay
and at the latest within one month of receipt of your request of the
reasons for not taking action and on the possibility of lodging a
complaint with a supervisory authority and seeking a judicial remedy.
Last updated: 15 May 2018