TERMS AND CONDITIONS FOR CONTENT UPLOAD

pursuant to art. 13 of European Regulation No. 679/2016 and art. 13 of Legislative Decree No. 196 of 30 June 2003

The company Deka M.E.L.A. S.r.l., with registered office at Via Baldanzese, No. 17 – 50041 Calenzano (FI) – Italy, Tax and VAT No. 03137680488, e-mail: privacydeka@dekalaser.com, as a Data Controller is committed to the national and European regulations on the protection of personal data (Legislative Decree No. 196 of 30 June 2003 and European Regulation No. 679/2016), while preserving the confidentiality of her users and respecting the appropriate security measures to protect all the information collected.

Several services provided by the website or mobile APP (e.g. events, contests, etc.) allow users to send and upload images and/or videos (i.e. “Content”), which, due to the very nature of the services, sometimes are intended for communication and dissemination. By making use of such services, every user confirm that he/she knows and agrees to the Legal and Privacy Policies published on the website and warrants that all personal use of the services is at his/her own discretion and under his/her total and exclusive responsibility.

Uploaded Content is generally hosted by our database or in other service and/or content provider.

Deka M.E.L.A. implements a policy of assessment and selection of Content and images uploaded or sent, publishing at its own discretion only Content that it deems appropriate. Moreover, Deka M.E.L.A. may remove from its website or from social media connected to it (e.g. Facebook, LinkedIn, etc.) all published Content, under its own free and unappealable judgment.

The user transfer to Deka M.E.L.A. all rights of use relating to the Content sent and made available by the user, who acknowledges that such transfer of rights to Deka M.E.L.A. occurs free of any charge. In particular, the user yields to Deka M.E.L.A. unlimited rights of non-exclusive use, without any limitation of time, means or geographical area, as well as all right of publication, display, public representation, public communication, making available to the public, distribution, translation and processing, in any form and by any means, of the Content.

Deka M.E.L.A. may, therefore, directly or via third parties, use, copy, transmit, extract, publish, distribute, display publicly, disseminate, create derivative works of, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission in any communication form) in any form or with any instruments, existing now or in the future, all Content, including specifically audio and video media, that is uploaded or sent by the user, also via third parties.

Furthermore, the user grants to Deka M.E.L.A. the right of use of the Content uploaded or sent in its entirety or in individual parts and components, including in montages, cuts and adaptations, without any limitation, except for any use of the Content in contexts that may damage the dignity, reputation or personal decorum of the user or his/her relatives.

The user is obliged to abide by the prohibition to send Content that is illegal and/or abusive, that infringes the right of others or that violates, or may violate, the right to privacy or to intellectual or industrial property rights or other rights of third parties, that is pornographic and/or sexually explicit, that is slanderous or defamatory, that is threatening, harmful, vulgar, obscene or otherwise reprehensible or offensive, all in accordance with current legislation.

The user declares that the Content uploaded or sent is authentic, not covered by copyright, in the full legal availability of the user and unburdened by others rights of use. Furthermore, the user holds harmless and indemnifies Deka M.E.L.A. of all liability in the case of any disputes or legal action, undertaken by anyone, in regard to such rights.

The user warrants Deka M.E.L.A. that he/she shall:

• Not violate the privacy of third parties, declaring and warranting that he/she has obtained all the necessary consents and releases of any rights holders in relation to the Content, including, by the way of example and without limitation, in the case of images and audio-visual Content, any permissions for the exploitation of the rights of image and consent to the processing of personal data of each of the subjects appearing in the Content; and that, in the event that the Content uploaded or sent contains data relating to third party minors, to have obtained the consent and release of both parents;

• Not publish Content that violates copyright in any way or form;

• Not use the Content for his/her commercial, advertising or promotional purposes, or for those of third parties;

• Not publish in the Content either hidden or explicit advertising messages;

• Not spread viruses or other similar cyber threats such as spyware, adware, rootkits, backdoors or trojans;

• Hold harmless and indemnify Deka M.E.L.A. in relation to all claims made by third parties for any violation committed by the user via the Content uploaded, sent or published contrary to the provisions of law or to the conditions of conduct set forth herein.

However, the Content acquired by the Data Controller will be stored and processed until the data subjects communicate the withdrawal of consent to data processing.

The conditions stipulated in the Legal and Privacy Policies published on the website also extended to audio and visual images on social media networks such as Facebook, LinkedIn and other similar platforms.

Last amendment 12 July 2018