Terms & Conditions for the use of website www.pastadimartino.com
The present document lists the Terms & Conditions for the use of the website www.pastadimartino.com owned by Pastificio di Martino Gaetano & F.lli S.p.A. - Via Castellammare, 82 80054 Gragnano (NA) (hereafter referred to respectively for brevity as the ''Conditions'', the ''Site'' and ''Pastificio di Martino'') which any persons wishing to consult the pages must adhere to. Access to the Site and any action involving the navigation of its pages constitute acceptance of the Conditions and, so that the Site users may acquaint themselves with these, a special link placed in the home page www.pastadimartino.com and in the other internal pages of the Site permits access to the present document. In the event that the user does not accept said Conditions, it is sufficient that he refrains from navigating in the pages of the Site. The Conditions may be modified by Pastificio di Martino at any time, without prior notice to the users, who are therefore obliged to consult the same periodically, before accessing the contents of the Site. When goods and services are offered in the internal web pages of the Site which result subject to specific conditions expressly indicated in those pages, these conditions will prevail over the present document, in the event of any discordance, incongruence and/or diversity.
CONTENTS OF THE SITE
The Site has the purpose of offering information of a general nature in respect of Pastificio di Martino's activity in Italy and the world. The information contained in the Site should not be utilised as the sole or main source on which to base specific decisions, as the information is supplied merely for indicative purposes. The user navigates the pages of the Site and uses its services freely and of his own knowledgeable choice. Pastificio di Martino is not responsible for any damage suffered by the user and/or third parties as a consequence of placing his trust in the published documents and, therefore, Pastificio di Martino cannot be held responsible for any damage, direct, indirect, accidental, special or consequential, which may derive from the use of such information. Pastificio di Martino informs that it may in any moment, in total autonomy and at its own discretion, substitute, add, modify and/or integrate the Site and/or the material contained therein, as also the technology utilised. Consequently, Pastificio di Martino makes it expressly known that such activities may involve the termporary impossibility of accessing the Site and/or its contents. In this connection, Pastificio di Martino is not responsible for any disfunction or defect in the technology utilised in the construction and publication of the Site pages. This in particular as regards the regularity of the transmission of data by cable, as well as the functionality of the server which hosts the pages of the Site.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All contents of the Site are protected and safeguarded by the current laws in connection with author's rights and industrial and/or intellectual property. As an example only, but not exhaustive, by contents of the Site are intended amongst others: - texts - photographs - films - data banks - graphs and tables - slogans - audio reproductions - drawings, animated and non - any graphic presentation and/or text in general It is therefore not possible to copy or reproduce in whole or in part the contents of the Site without express authorisation by Pastificio di Martino. Moreover, in the pages of the Site there may be present brands, trademarks, societary names, companies and logos which are the property of third parties, who enjoy the same protection accorded to Pastificio di Martino's distinctive signs by the current laws on the subject. In such cases the ownership is indicated in the relating web page. Finally, Pastificio di Martino informs that it is strictly forbidden to utilise any of the distinctive signs owned by Pastificio di Martino such as metatags, that is to say, as html language commands which, although they do not imply the visualisation and formatting of a certain command, they supply in any case instructions to the electronic agents or to the search engines to increment the availability of a site diverse from those traceable to Pastificio di Martino. On the Site may be inserted links connected both to the sites of third parties, or to those of controlling, controlled or connected companies to Pastificio di Martino. In the first case, the hypertext connections have the sole function of facilitating navigation by the user without any relationship between the contents of the Site and that of the third party's site, which remains extraneous to Pastificio di Martino's range of action. Moreover, Pastificio di Martino informs that it may in no way influence the structure of third party sites connected to its own, nor ensure the truth, correctness or suitability of the materials and/or information contained in those sites, even in the event that a business relationship exists between Pastificio di Martino and the owner of the third party site connected by the link. In the second case, the present Conditions a re to be intended as fully valid and binding, with the express notice that, whenever on the site reached there are present specific conditions of use as regards goods or services offered, these latter are to be considered as prevailing in respect of the present document.
MODE OF USE OF THE SITEPastificio di Martino informs that the contents of the Site may not, wholly or in part, be copied, reproduced, republished, loaded, transcribed, transmitted or distributed, in any form or manner, without obtaining prior written authorisation from Pastificio di Martino, save the activities of printing, download and visualisation of part of the contents of the Site which are performed exclusively for personal and not commercial purposes and on the condition that the material in question is not modified in any way and that all information is maintained concerning intellectual and/or industrial property rights mentioned therein. The information and materials contained in the Site may not, moreover, be utilised for commercial purposes with the end of constituting data banks of any type or form, nor be filed (wholly or in part) in pre-existing data banks, either accessible exclusively to the constituent or made available to third parties.
LINKING AND FRAMINGPastificio di Martino informs that, with the purpose of creating a link connecting to its own home page currently reachable at the web address www.pastadimartino.com (hereafter for brevity the ''Home Page''), it is necessary that a request in this sense be sent by e-mail to email@example.com in which must be indicated:
(i) the data of the person responsible for the technical aspects of managing the connection link (including the e-mail address and telephone number);
(ii) the data of the requesting company;
(iii) the indication of the web address of the site in which the connecting link to the Home Page will be created;
(iv) any further information useful for obtaining the authorisation from Pastificio di Martino.
Wherever authorised by Pastificio di Martino, the creation of a connecting link to the Site attributes a temporary non-exclusive and non-transferable licence with the object of utilising the name or logo which will on each occasion be indicated in the said authorisation, and with the sole and exclusive purpose of creating the hypertext connection in question, with the express exclusion of any other use. Diversely, it is in any case forbidden, without prior written authorisation by Pastificio di Martino, to create links connecting to the Home Page of the Site, or to its internal pages and/or to accessories of the Site, by creating de facto a so-called ''deep link'', or to capture and present the contents of the Site internally to another web site, establishing a so-called ''framing''. In this connection, it is pointed out that the violation of the terms outlined in the preceding paragraph constitutes a conduct punishable also as unfair competition, as foreseen by the current laws on the subject.
ACCESS TO THE SITE FROM ABROAD
Whosover accesses the Site from any country other than Italy is obliged to fully respect the Conditions and current laws in force in this country and expressly guarantees that he will not use the Site and the material contained therein in such a manner as to determine a violation of the laws above mentioned.
PROTECTION OF PERSONAL DATA
In accordance with art. 13, D. Lgs. 196/2003 bearing dispositions for the protection of personal data, Pastificio di Martino in its capacity as ''Proprietor'' of the treatment, informs the users that their personal data supplied by them and acquired contextually:
a) at the request for information concerning services offered by the company;
b) at the time of navigating the Site through the so-called system ''log'';
Questi will be treated for the purposes hereafter indicated:
1) purposes strictly connected and/or necessary to satisfy the requests which from time to time are formulated by the user through the Site or by e-mail or other communications system;;
2) purposes connected to obligations imposed by law, rules and EU regulations, as well as dispositions issued by authorities legitimated by law or by organs of supervision and control.
3) purposes functional to the activity performed by Pastificio di Martino such as, for example indicatively and not exhaustively: ascertaining the degree of satisfaction of the customers as to the quality of the services rendered and of the activity performed, executed directly or through specialised companies by means of personal or telephonic interviews, questionnaires, etc.; despatch of newsletters and promotional material concerning the services offered by Pastificio di Martino; market research; economic and statistical analyses.
In relation to the purposes indicated previously, the treatment of personal data is handled by means of manual, informatic and telematic instruments, with measures strictly connected to the purposes in question and, in any event, in such a way as to guarantee the security and reserved nature of the data. The treament may be performed on behalf of Pastificio di Martino, with the same modes and criteria mentioned above, by third parties who supply data processing services or who perform complementary activities necessary for the execution of the services and operations requested by the user. Moreover, whenever necessary to satisfy the user's requests, his data may be communicated to the employees of Pastificio di Martino, to other offices of the company or to controlling, connected and/or controlled companies of Pastificio di Martino. The data will be stored within the UE, on servers owned by Pastificio di Martino. With reference to the above mentioned purposes, Pastificio di Martino informs that the supply of data is optional for the treatments functional to the companies activities, while it is compulsory for the purposes covered by points 1) and 2) with the consequence that, in these latter cases, any refusal to supply the information will determine the impossibility for Pastificio di Martino to satisfy the user's requests. In consideration of this, with reference to the treatments covered by point 3) above, Pastificio di Martino will ask the user on each occasion, by means of appropriate masks located on the Site, to furnish his consent to the execution of such type of treatment. Finally Pastificio di Martino informs that art. 7, D.Lgs. 196/2003 confers specific rights to the users who supply their personal data. In particular, the user may obtain from the proprietor or responsible person the confirmation of the existence or not of his personal data and that such data be made available in an intelligible form. The interested person may also: request to know the origin of the data, as well as the reasoning and finality on which the treatment is based; obtain the cancellation, transformation in anonymous form or the blocking of the data treated in violation of the law, as well as the updating, correction or, in case of interest, the integration of the data; raise opposition, for legitimate motives, to the treatment itself.
The Conditions are to be intended as being regulated by Italian Law and therefore must be interpreted applying such norms. Any controversy which may arise between the parties in relation to the Conditions will be the exclusive competence of the Courts of Naples.