Terms of service

Introduction

1 OBJECT
1.1 TrainToSmile (Hereinafter, the "Company") located at Via dei Vanga, 73, VAT. 0000000000, email info@traintosmile.com, offers users (hereinafter, the "Users") the opportunity to make use of the services referred to on the web site (hereinafter "Site").
1.2 The service offered by the Company in the preceding art. 1.1 (hereinafter "Service") is governed by these Terms of Service (the "Terms").
1.3 In order to use the Service, the User must accept these Terms and Conditions during the registration to the site referred to in art. 2.1. If you fail to approve the Terms the User shall not make use of the Service.
1.4 The Company has the right to modify the Terms and Conditions at any time in the event of changes to applicable laws or if it intends to make changes to the Service. The User is responsible for regularly reviewing the terms and conditions in order to verify the content of the same.
1.5 In order to access the Site and use the Service, the User must provide the tools, telecommunication connections, the equipment, the necessary hardware and software means needed, independently. The Company is not responsible for the delivery to the User of these tools, connections, devices and media, and is not responsible for any defects or malfunction of the same.
1.6 The User is obliged to carry out updates of its software for the entire duration of the services, where such updates are necessary in order to use the Service.
2 ACCESS TO THE SERVICE
2.1 In order to use the Service, you must register in advance on the site by following the procedure laid down therein and provide the information requested. Subsequently, the User will access the site with his/her user-id (User's email) and password (hereinafter, "Codes") provided by you in the registration process.
2.2 The User guarantees that the data entered during registration as per Art. 2.1 is true and correct and undertakes to update the same in case of modification. The User declares, among other things, to meet the required age at the time of registration and to have the legal capacity to use the Service.
2.3 The User is responsible for keeping the codes and agrees to keep the same confidential. In case of their loss or disclosure to third parties, the User agrees to immediately notify the Company.
2.4 The operations carried out on the Site through the use of codes are considered made by the User holding ownership of those codes consistent with the data provided during the registration referred to in art. 2.3.
2.5 The Company is not responsible in any way for any damages incurred by the User due to the access to the Site by third parties by means of Codes lost or stolen by and from the User.
3 OBLIGATIONS, DUTIES AND RESPONSIBILITIES OF THE USER
3.1 Each user has the right to create, upload and publish content (eg: photos, texts, music, videos, and other content can be uploaded in accordance with the Terms of Service, etc.) on the site or to publish third party content accessible on-line under your account (hereinafter "User content") in accordance with the Terms and Conditions.
3.2 The User agrees to:

a) not to upload materials protected by intellectual and industrial property rights lacking authorization of the holders of these rights;

b) verify that any link or framing or referrals of any kind to sites or third-party content that the user intends to make is allowed by the above third;

c) not to upload viruses, malware, trojans, or other malicious code;

d) not to sell any type of products and services on the Site;

e) not to spam and post unauthorized commercial communications on the Site;

f) not to offend, insult, defame, disparage, threaten, intimidate or harass other users or third parties, including non-users of the Site;

g) not to post defamatory, offensive, pornographic, racist, classist, sexist content or content containing hate speech or violence or relating to nudity or gratuitous violence;

h) not to promote the use of drugs, psychotropic substances or alcohol consumption;

i) not to spread personal data of third parties without the necessary licenses and / or in a manner contrary to the law through the Service;

j) not to promote sweepstakes and prize contests;

k) not to promote gambling, games of chance or games of skill with cash prizes;

l) not to undertake multi-level marketing actions contrary to the law (I.E .: pyramid schemes and the like);

m) not to perform, promote or sponsor cyber-attacks of any type and sort to the Site, to other users, third parties or to other sites or computer systems;

n) not to use the Site to perform any type of illegal activity or that would violate the rights of others in any way.
3.3 The User represents and warrants that he or her has obtained from all stakeholders and / or holders of rights to the User Content (including rights guaranteed by the Personal Data Protection Code, Legislative Decree no. 196/2003 and the law on the author’s rights, L. 633/1941) the necessary consents and authorizations, for the duration of their publication and utilization by the User.
3.4 The User is solely responsible for the User Content uploaded or published on the Site and any, effect, consequence, claim or damage caused by publication through the Service or the storage of such on the Site.
3.5 The Company, without prejudice to any other remedy available to it under the law or under the Terms, at all times reserves the right, but not the obligation, to remove and remove any User Content without notifying the User, if it believes, in its sole discretion, that the User content violates these Terms and Conditions or the law.
3.6 Users may not modify, circumvent or violate in any way any security measures of the Site provided by the Company to protect the integrity of the Site and the Service, for the protection of other users and for the protection of third parties or the law.
4 FLASHBEING’S RESPONSIBILITY
4.1 The Company does not check or verify the User content, neither on a continuous nor occasional basis.
4.2 The Company, without prejudice to its right to remove Content Members pursuant to art. 3.5, is in no way responsible for the User contents or for any damages, of any kind, caused to third parties by the publication of the same or for any breach of the law resulting from the publication of the User Content.
4.3 The Company exercises no control over the subjects that expose QR codes within the feature "Real Network" offered by the service and / or activities carried out by them and / or on the data and the information they provide. Therefore, the Company is not liable in any way i) for errors or omissions in the data and information provided to the User by third parties through the use of these Real Network functions; and / or ii) for any effects, damages or consequences suffered by the User for having trusted the information provided by these third parties and / or for using or having made use of the products or services provided by the same third party.
4.4 The Company may at any time terminate or suspend the service for an indefinite time to carry out maintenance or update of the Service.
4.5 The Company is in no way responsible for the preservation of the User Content and has no obligation to make it available, accessible or recoverable by the user during the duration of service. The User is obliged to make a back-up of the User Content and / or to retain copies thereof at their own expense.
5 INTELLECTUAL PROPERTY
5.1 The Company is the exclusive owner of the trademark "FlashBeing", the domain name "flashbeing.com" and its sub-domains (hereinafter, collectively, the "Domain Names"). No use of the FlashBeing brand and the Domain Name is allowed to the User without the written authorization of the Company.
5.2 The Company is the exclusive owner of all intellectual and industrial property rights relating to the Site, including, without limitation, content, text, designs, databases, know-how, software, data and information contained in or connected to the same, except for content uploaded and published by the User (hereinafter, the "IP FlashBeing").
5.3 The Company does not grant any license to Users in relation to IP FlashBeing. Users are not permitted to, among other things, copy, download, reproduce, translate, modify, distribute, broadcast, communicate to the public or use in any way or form, in whole or in part, the IP FlashBeing, outside the strictly necessary activities for the use of the Service.
5.4 Users may not modify, circumvent or violate in any way any measures for the protection of the IP FlashBeing put in place by the Company.
6 LINKS TO THIRD PARTY SITES
6.1 The Company is not responsible for the content of external third-party websites to which the Company refers via links from the Site or through hypertext links of any kind.
6.2 The Company does not warrant or represent that the content or represented at the sites of third parties referred to in art. 6.1 is true, accurate, complete, authentic, or in line with the rules and regulations applicable to content, services, activities represented in these sites.
7 DURATION - SUSPENSION OF THE SERVICE - WITHDRAWAL - RESOLUTION
7.1 This Agreement is effective from its acceptance by the User pursuant to art. 1.3, until the date of termination by either party pursuant to art. 7.3.
7.2 The Company may at any time suspend the User’s account and therefore to prevent the latter from using the Service if it believes that the User has violated the General Terms and Conditions.
7.3 The Company and the User have the right to withdraw from the General Conditions at any time with prior notice of 15 (fifteen) days, by sending emails to the other side.
7.4 The Company reserves the right to immediately terminate, pursuant to Art. 1456 of the Civil Code, after having sent a letter to the User, the contractual relationship with the User resulting from the acceptance of the present General Terms and Conditions, if the User violates his obligations contained in the following articles of the General terms and Conditions: 2.2, 2.3, 3.1 , 3.2, 3.3, 3.6, 5.1, 5.4, while retaining the right to the payment of damages.
7.5 In the event of termination of this Agreement for any reason:                   a) the Company will not be required to return any photos, documents, materials, videos, content or any User Content, uploaded and / or published by the User on the Site;                   b) nothing will be owed by the Company to User for any reason;                   c) the following articles of the General Conditions will continue to be effective: 2.5, 3.4, 3.6, 4.2, 4.3, 4.5, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2, 7.5, 8.1, 8.2.
8 APPLICABLE LAW - JURISDICTION
8.1 These General Terms and Conditions are governed by Italian law.
8.2 The only place of jurisdiction for any and all disputes arising in respect of any dispute concerning or arising from these Terms and Conditions will be the Court of Milan, except the jurisdiction in case of disputes with consumers regarding art. 33, paragraph 2, letter u) of Legislative Decree no. 206/2005 (jurisdiction at the place of residence or elected domicile of the consumer).

The User, in accordance with Art. 1341 and 1342 of the Civil Code, specifically approves the following articles of the General Conditions: 2.5 (Access to the Service); 3.4 (Obligations, duties and User responsibilities); 4.1, 4.2, 4.3, 4.4, 4.5 (FlashBeing’s responsibility); 6.1, 6.2 (Links to third party sites); 7.2, 7.3, 7.5 (Duration - Suspension Of Service - Withdrawal - Resolution); 8.2 (Jurisdiction).


Privacy

The following is the description of how the personal data of users who access the site me.traintosmile.com (the "Site") and, upon registration, enjoy the services provided by FlashBeing Srl through the Site ( "Users"), is treated. It is in FlashBeing’s interest to provide Members of the Site services geared in respect of user data protection and to enable each user maximum control of their privacy in all of their data processing steps on the Site: from creation of the user’s profile (the user being able to freely choose what information to enter), the sharing of their data (by having the user retain the utmost discretion in choosing how they share or don’t share their profile and the content generated by the using the services ), the cancellation of their data (in fact, the possibility of obtaining the full and effective deletion of their profile is guaranteed to every user).


This policy, pursuant to art. 13 of the Legislative Decree n. 196/2003 Code regarding the protection of personal data, only regards the processing of personal data relating to the Site; any third-party Internet sites accessible via links remain subject to the privacy policy provided by the operator of the aforementioned third-party site. Users are invited to look through those documents before browsing third-party sites.


1. Data controller and DPO

The data controller is the company FlashBeing S.r.l., ("Company" or "FlashBeing") with registered office in Via Leonardo da Vinci 2 / C - Bolzano (Italy), C.F./P.IVA .: 02834950210, phone: 3471410249, email: privacy@flashbeing.com.

Data Protection Officer: privacy@flashbeing.com.


2. Type of data

Navigation data For the consultation of the public pages on the Site it is not required for the user to transfer any personal data. However, any contact with the Company through optional, explicit and spontaneous messages, through conventional post or e-mail, to the Company's address listed on the site involves the acquisition, including the e-mail address, the sender or the relevant telephone number, necessary to respond to requests, and any other data included in the aforementioned communications. This data will be used only to act on the user's request and may be disclosed to third parties only in the event it is necessary for that purpose. This data is kept for the time necessary to provide the required service to the User and will not be disclosed.


Data provided during registration and during use of the Real Network services

For the purpose of use of the services the user is required to register at the site. The treatment will focus on operations, or set of operations (such as but not limited to: collection, recording, retrieving, organizing, storing, processing, communication, modification, selection, usage), relating mainly to the data provided by you at registration and / or during the use of services:


a) User identification data and contacts acquired during the registration and the User account management, including:
  • some data essential to registration (eg. username, password and email);
  • some totally optional and functional data used exclusively to manage your account (eg. name, address, telephone and electronic contacts, gender, date of birth, photo and language);

b) information related to the user’s profile , optionally provided by the user to create their own profile, including:
  • nickname, information concerning the employment, education, relationship status, obtained certificates, interests and more;
  • Any tax code / VAT if the user opts to make use of services in relation to their professional activity and / or business;

c) if the user decides to log in via social applications (such as Facebook Connect, Twitter), some data made public by the user on their social network profile (such as, but not limited to: name, surname, gender, city and email address, language, photography). The treatment will be limited to the type of data required for the traditional registration on the Site and User Account Management. The use of this method of access will not involve any data communication to any social network by the Company;

d) data relating to the content uploaded to / or shared on the Site, the User interaction with the Site and / or the other of the Site Users (for example, photographs, searches, history). This data will be used solely to make the services and the User interaction with the community available, in accordance with the sharing mode specifically selected by the User;

e) any data relating to the User's geographical position, in order to provide location-based services to them. In fact, if the User chooses to use this feature and share their location with other community members, the Site will receive information as to the position of the User, whose data will be used exclusively to provide the service and will only be retained for the time necessary for this purpose;

f) eventual data of third parties which, while not using the functionality of the site, can still be acquired by the Company as entered by the user in their conversation threads or into the content uploaded to the site. This data, which may only be entered if the person to which they refer has been informed by the User and allowed its inclusion, will not be subject to active treatment by the Company and will only be kept for the time necessary for the services in which the user inserted such data. It is understood that, in case of violation of rights of third parties, the Company may at any time remove such content in cases and respecting the limits provided by the law.


3. Purposes of the processing


The personal data will be collected and processed for the purposes and in the manner set out below:

1) to deliver the services the User requested (for example: managing the processes of registration and access to the Site, the User account management, assistance to users, and management of any complaints or disputes, data processing for the individual services requested by the User, content sharing and interaction in the community, reporting of places or people close to the User);

2) for the fulfillment of any legal obligations and / or regulations;

3) to process internal statistical analysis in order to improve the quality of the services;

4) for the protection of our rights , both judicial and extrajudicial.

4. Nature of data submission


In relation to the purposes of paragraph (1) and (2), the data marked as mandatory at registration (or in other circumstances in which the User is required to give information) is necessary to access the services offered by the Company and any refusal of providing said data implies the impossibility to use the services. It is not necessary to acquire the User’s consent for such purposes.

The conferral of any data, such as data relating to the User's profile, other than those required, is entirely optional and free and the potential withholding does not prejudice the possibility for the User to use the services in any way. In such case, the User could however not be able to make full use of some functions that technically require the transfer of some information (for example: in case of a proximity search for people based on their education, since if the User has not added at least basic information in the specific field of their profile, the site will not be able to return any results).


5. Communication and diffusion of data

For the accomplishment of those objectives, the Company’s Site management and maintenance personnel, support staff, administrative personnel could have access to data collected, as well as staff of other companies that, as managers of data processing, provide services to the Company (for example, computer services providers of platform hosting and maintenance).

The data of each event/conference, including the email and the user name used to sign up to the platform, can be shared with it's organizer for both statistical and commercial purposes.


6. Rights of the person concerned

Article. 7 of Legislative Decree no. 196/2003 and the UE Regulation 2016/679 grant (in this case the User), as a subject to whom the personal information refers to, certain rights, including the right to obtain at any time confirmation of the existence of such data and to know its content and origin, verify its accuracy or request its integration, updating or correction. According to the same article, the interested party also has the right to ask the Company for the cancellation, the transformation into anonymous form or blocking of data processed unlawfully and to oppose in any case, for legitimate reasons, to their treatment.

To exercise these rights the User may contact the Company, through the contacts mentioned in paragraph 1.


Cookies

What is a cookie? Cookies are small text files that websites visited by the user send to his terminal, where they are stored before being retransmitted on the next visit to the site by the user.

Cookies can be used for different purposes depending on the sites on which they are installed; they can fulfill the purposes of computer authentication, monitoring of sessions and storing specific information about users accessing the server.

Types of cookies used by the site. Cookies used by the Website are defined as "Technical cookies" in the catalogue provided by the Authority for the protection of personal data in the general regulation no. 229 of 8 May 2014 on the "Identification of simplified procedures for the information and the acquisition of consent for the use of cookies."

They include the navigation or session cookies, analytical cookies (analytics) and functionality cookie which do not require your consent for their installation and usage.

In particular, the Company uses "strictly necessary" cookies for the technical operation of the Site (such as the navigation and session cookies to remember if the user is authenticated, to store their preferences in relation to the sharing mode of their data, preferences on the platforms, etc.) and to provide services explicitly requested by the user (for example, keeping the user authenticated on the site even after the expiration of the session, the storage of browsing language, preferences on the platforms, etc.).

The site also uses so-called "Analytics" cookies to analyse the accesses / visits to the site exclusively for statistical purposes, by collecting information in aggregated form to collect information about how the site is used(for example: to know from which Site the user has arrived on the website, etc.) and enable the Company to improve the quality of the site and its services by measuring the information on the use of the site and any errors that occur when users browse.

The use of such cookie does not require the consent of the User. However, the User will have the right to accept or refuse the use of cookies, or to remove those accepted by modifying their browser settings. Search the following keywords to disable cookies in your browser:

  • Cookie settings in Internet Explorer
  • Cookie settings in Firefox
  • Cookie settings in Chrome
  • Cookie settings in Safari web and iOS


However, please note that disabling strictly technical cookies may prevent you from benefiting, in whole or in part, from the services and features of the Site.


Last update: 28/5/2019