Icomera AB

WI-FI INTERNET BROWSING SERVICE OFFERED BY ICOMERA AB AS A DATA CONTROLLER: TERMS OF USE AND DATA PROCESSING POLICY

 

Important

You must read the following terms and conditions before accessing and using the Wi-Fi service. By accessing and using the Wi-Fi service you agree to be bound by the terms and conditions set out below. If you do not want to be bound by the following terms and conditions, you will not need to access and use the Wi-Fi service.

Definitions

Icomera AB is the Wi-Fi Internet browsing service of the FRECCE Portal; Icomera AB means the Wi-Fi service provider;" Information" means all material transmitted by Icomera AB through the Wi-Fi service; "User" identifies the end user of the Wi-Fi service. "Contract" means this agreement for the use of the Wi-Fi service.

Guarantee

Wi-Fi service is provided "as is" and "on availability" and Icomera AB makes no warranty or statement, express or implied, in connection with the Information, including implied warranties or completeness, accuracy, satisfactory quality or fitness for a particular purpose.

Responsibility

You agree that, except in the case of death and personal injury due to negligence of Icomera AB, Icomera AB is not liable for any damage of any kind, direct or indirect, arising out of or otherwise relating to this Agreement, including damages for loss of business, loss of earnings, interruption of business, loss of commercial information or any other pecuniary loss (even if Icomera AB has been informed of the possibility of such loss or damage).

Wi-Fi service

You acknowledge: (a) that it is technically impossible to provide a completely defect-free Wi-Fi service and that Icomera AB does not commit to this; (b) that any defects may result in the temporary unavailability of the Wi-Fi service; (c) that the operation of the Wi-Fi service may be adversely affected by circumstances and activities beyond the control of Icomera AB, including transmissions, telecommunications links between Icomera AB and users, between the different structures of Icomera AB and the between Icomera AB and other systems or networks.

Icomera AB does not guarantee the security and confidentiality of the Wi-Fi service and any information or communication transmitted by the User through the Wi-Fi service.

Information from third parties

You also acknowledge that some of the Information, such as software, is provided to Icomera AB (directly and indirectly) by third parties and as a result Icomera AB cannot offer any warranty of any kind in connection with such Information.

 

Use of wi-fi service – Compensation.

 

You are committed to:

       do not use the Wi-Fi service for illicit purposes.

       do not use the Wi-Fi service in such a way that the service is completely or fully interrupted, damaged, made less efficient, or that the efficiency or operation of the Wi-Fi service is in any way limited.

       do not use the Wi-Fi service for the transmission or spread of computer viruses or defamatory, offensive, obscene, threatening or causing harassment, discomfort or unfounded alarm.

       do not use the Wi-Fi service in a way that violates or restricts the rights of any natural or legal person (including copyright or confidentiality rights).

       do not use the Wi-Fi service to transmit advertising and/ or promotional material without the prior written consent of Icomera AB, unless such transmission has been specifically requested by another User of the Wi-Fi service.

       In the event where the User exercises its right to file a complaint or action against any other User deriving from the use of the Wi-Fi service, you will exercise this right, complaint or action independently and without the involvement of Icomera AB, or complaint or action against any other User deriving from the use of the Wi-Fi service, you will exercise this right, complaint or action independently and without the involvement of Icomera AB. You will keep Icomera AB unscathed and incurred by any claim, liability, damages, costs and expenses, including legal fees, arising from a violation of this Agreement or your use of the Wi-Fi service. You acknowledge that Icomera AB has no control over the nature or content of the information or programs transmitted or received by you through the Wi-Fi service and that Icomera AB in no way controls your use of the Wi-Fi service. You agree to keep Icomera AB fully free of any claim or legal action arising out of and/or connected to your use of the Wi-Fi service, promoted or threatened against Icomera AB by any other person.

Intellectual property

You acknowledge that the copyright, trademarks, and all other intellectual property rights related to the Wi-Fi service remain the property of ICOMERA or its licensing.

Suspension and resolution

Icomera AB reserves the right to terminate this Agreement immediately and/or to suspend wi-fi in the event of a breach by you of this Agreement.

Changes to the Contract

Icomera AB reserves the right to periodically modify the terms and conditions of use of the service by entering a notice of the change made within this document. The further use of the service by the User after the introduction of the notice of such change will be considered as acceptance by the User of the change itself. It is your responsibility to consult this document regularly to see if the Agreement has been modified. If you do not agree to change the terms and conditions of use, you must immediately stop using the Wi-Fi service.

Partial ineffectiveness

Any provision of this Agreement intended to exclude or limit liability shall be taken into account separately from the others and shall retain its effectiveness even if one or more of these provisions are inapplicable or ineffective or in the event that this Agreement ceases to have effect for any reason.

Reserve

Any tolerance by Icomera AB of any conduct carried out by you in violation of the provisions contained in this Agreement does not constitute a waiver of the rights deriving therein.

Applicable law

This Agreement is governed by Italian law and the parties irrevocably agree to return to the exclusive jurisdiction of the Italian courts.

Please pay attention to your wireless device. Icomera AB assumes no responsibility for any loss or damage.

Privacy Policy

In accordance with Art. 13 of EU Regulation 2016/679 we provide you with the following information regarding the processing of your personal data. The data controller is Icomera AB, based in

Odinsgatan 28, S-411 03, Gothenburg, Sweden Phone +46 (0)31-799 21 00,

The data protection officer:

E-mail:  dpo@icomera.com

       Type of data processed and origin of data

The Data Controller processes the following personal data: MAC address (device identification), gps location of the vehicle, IP address, timestamp and session ID. This data is acquired by the Data Controller on the basis of his connection and the use of the Wi-Fi service.

       Purpose and legal basis of the processing

Your personal data will be processed exclusively for the following purposes:

·         provide Wi-Fi service;

·         maintain the quality of service;

·         provide support in case of problems.

This processing is necessary to execute a contract to which the User is a party. The processing of your personal data is in fact a necessary condition to allow the Data Controller to provide you with the Wi-Fi service, therefore the failure or incomplete acquisition of data would make it impossible to use the service.

       How data is treated and stored

Your personal data will be processed with IT and telematic tools in compliance with current legislation on the protection of personal data, in particular the principles of lawfulness, correctness, transparency, minimization, accuracy, integrity and confidentiality and in order to guarantee, through the adoption of appropriate organizational and technical measures, their security and protection from unauthorized and illegal processing, from loss, destruction and accidental damage.

The data will be stored in the Data Controller's electronic archives for a maximum period of 72 months from collection according to art.24 of Italian law n.167 of 20th November 2017.

       Recipients or categories of data recipients

The data will be processed exclusively by the Data Controller's staff formally authorized to process them in the context of their duties and within the limits of what is strictly necessary to carry out their activity. The data will not be disseminated in any way nor will it be transferred to non-EU countries.

       Rights of the data subject

In accordance with the Rules of Procedure, you - as an interested party - will be able to exercise the following rights at any time, under the conditions laid down in the Rules of Procedure:

       right to obtain confirmation from the Data Controller whether or not there is a processing of personal data concerning you, and, if so, to obtain access to such data;

       right to obtain the rectification and deletion of personal data concerning you;

       right to obtain the limitation of the processing of your data;

       right to receive your personal data in a structured format, common use and readable by automatic device (so-s. data portability);

       right to object to the processing of your personal data.

 

These rights may be exercised by you free of charge by sending a request by e-mail to the address dpo@icomera.com. In addition, pursuant to Art. Under Rule 77, you have the right to lodge a complaint with the competent supervisory authority if you consider that the processing of personal data concerning you does not comply with the Rules of Procedure.

For more information and/or reports regarding the processing of your personal data you can contact the Data Controller or the DPO at the addresses indicated above.