A) General Conditions of Use;
The contract entered into by the User and WalletSaver S.r.l (hereinafter: "WalletSaver") involves the User's reading, full agreement and acceptance of the General Conditions of the contract, the Privacy and Copyright Policy, which are given below and which legally regulate the fruition and use of the software, the services covered by registration and its contents.
The fruition and use of the WalletSaver Services is subject to the creation of a specific account. Please contact "WalletSaver" at the e-mail address [email protected] or by filling out the form in the 'Contact us' section for any questions relative to the use of WalletSaver functions.
The services and information included in WalletSaver app are free. Please contact "WalletSaver" at the e-mail address given above or by filling out the form in the 'Contact us' section for any questions or communications regarding the material shown without creating an account.
(A) GENERAL CONDITIONS OF USE
The fruition and use of the WalletSaver services is subject to acceptance of these General Conditions.
The user is invited to carefully read the contents of these General Conditions and should be reminded that the fruition and use of the Services provided are consequential to the acceptance of the same.
The use of the Services by the User shall be equivalent to the implicit acceptance of these Conditions.
The User may not use the Services and may not accept the General Conditions if:
The use and/or fruition of the Services is banned or legally prohibited under the law.
Changes to the General Condition of use and the implicit acceptance without prejudice to WalletSaver's right to modify these General Conditions at any time, the User who will use the WalletSaver contents subsequent to this modification shall tacitly accept their renewed contents.
Each WalletSaver User must read the General Conditions to ensure the presence of changes.
By subscribing to WalletSaver, the User declares to use the Services provided in accordance with applicable law, these General Conditions and the Privacy and Copyright Policy.
Creating a personal account - User Liability
The User wishing to receive and use WalletSaver Services must create a user account through the guided registration procedure where it may be required to provide certain personally identifiable information, including but not limited to user's name, email, phone number, mobile carrier, users social profile, location, contacts, calls, sms and location.
When recording and entering his/her data, the User will be guided by preset messages.
At its sole judgment and discretion, WalletSaver reserves the right to disable the account if inappropriate and/or censurable behaviour is detected, or reported directly by the Users.
Each registered User will be required to preserve his/her access data and maintain the privacy thereof.
The holder of a personal account will be obligated to immediately report of any unauthorized use of his/her username and password.
The User is the sole person liable for all activity carried out on his/her account and is responsible for any damages caused by improper use of his/her access information by third parties and/or misuse of the Services provided.
The User's liability is extended to WalletSaver and third parties affected or damaged by incorrect or improper use of the Services.
Limitations on Use of WalletSaver Services
WalletSaver enables its User holding an account to use the granted Services in accordance with these Conditions, the violation of which will legitimize WalletSaver to terminate the contract.
Each User agrees:
a. To not use the Services for commercial or advertising purposes without the express authorization of WalletSaver;
b. to collect and disclose personal data about other registered Users;
c. that WalletSaver has the discretion to interrupt (temporarily or permanently) the provision of services without prior notice;
He/she has the sole responsibility for any breach of the obligations covered by these General Conditions, including any loss or damage, and in relation to third parties or WalletSaver, and that WalletSaver or third parties are completely free from relative liability.
Duration of the Contract - Rescission - Withdrawal
The contract has an unlimited duration.
The registered User may withdrawal from the contract at any time for any reason, by giving written notice to WalletSaver, which may also be sent via e-mail to f [email protected].
WalletSaver may terminate the contract at any time due to the User's breach of violation of these General Conditions, blatant failure to comply with the same or intention not to adhere to the same or if WalletSaver must terminate the contract pursuant to the law; WalletSaver's rescission must take place as follows:
a. By sending notice to the e-mail address provided during the User registration process;
b. By closing the User's account.
c. Upon termination of this Contract, as a result of the above, all of the User's Contents, data and Access rights present on WalletSaver will be deleted.
d. Upon termination of this Contract, all of the legal rights, obligations and responsibilities that may have accrued and to which the User and WalletSaver have been subject will not be affected.
Exclusion of Warranties
The provisions of these General Conditions shall not affect any right, can not be contractually modified or waived and may not be legally recognized to each User as a "consumer".
The Services are provided "as is" and WalletSaver does not grant or recognize to the User guarantees regarding the features, quality and methods of use of the Services provided and the overall functionality and mode of use of the software and the website.
WalletSaver neither warrants nor represents that:
a. The use of the Services will meet the User's requirements;
b. The use of the Services will be timely, uninterrupted or error free;
c. The use and functional features of any of the software provided as part of the Services will be free of defects.
No condition, warranty and other terms (even if implicitly related to satisfactory quality, suitability for purpose or conformity with the description) will be applied to the Services beyond what is expressly provided in these General Conditions.
WalletSaver software and website
WalletSaver has proprietary rights on its software and website.
The aforementioned full content is subjected to WalletSaver's intellectual property rights and trademark, and cannot be used in any way without the express permission of WalletSaver.
WalletSaver's Limits of Liability
In addition to the exclusions and/or limits of liability already required by applicable law, WalletSaver will not be liable to the User for:
a. Any loss of goodwill or business reputation, profit, whether direct or indirect, data, either direct, indirect or consequential;
b. Any direct, indirect or consequential loss or damage that the Users could suffer as a result of:
c. Any changes that WalletSaver may make to the Services, or for any permanent or temporary cessation in the provision thereof;
d. Deletion, corruption or failure to store any Content as well as the communication of data, maintained or transmitted by or through the user of the Services by the User;
e. The User's failure to supply accurate information on his/her account;
f. The User's failure to maintain the utmost security and confidentiality regarding the password or account details.
Applicable Law - Jurisdiction
Italian law governs the relationship between WalletSaver and the User and these General Conditions.
The Court of Rome will settle any dispute arising from these General Conditions (interpretation, performance, termination, etc.).
If WalletSaver does not exercise their rights or legal action benefits, this shall not be deemed as a waiver of such, and these shall always be available.
If a Court with competence in the matter and with jurisdiction deems the invalidity of one of the aforementioned clauses of the General Conditions of use, this clause will be removed from the contract while the remaining Conditions will remain in effect.
WalletSaver may send any communication to its User by sending e-mail, regular mail, or postings on its website or on its mobile software.
(B) The WalletSaver PRIVACY and COPYRIGHT POLICY
WalletSaver collects and uses the personal information of its registered Users in accordance with the provisions of Legislative Decree No. 196/2003 (Code relating to the protection of personal data). The data controller and processor is Dr. Giacomo Putignano with registered office in Rome, Via Antonino Giuffrè 30/5, 00128
The insertion of the User's personal data, to be done during registration, complies with the provisions of the Information Statement pursuant to article 13 of Legislative Decree 196/2003.
In particular, the User agrees that:
a. WalletSaver service analyzes the record on the smartphone at the time of the download relative to the calls, messages and data traffic of the hardware device on which the software is installed;
b. Among others, WalletSaver service extrapolates data for:
i. I. Places of the incoming and outgoing calls and messages;
ii. II. The duration;
iii. III. The date and time;
iv. IV. The mobile operator of User's contacts;
v. Place and amount of internet usage (Mobile & Wifi), splitted per app.
If the User refuses to provide personal information, he/she may not enter into any contract with WalletSaver, may not create an account, or access any of the services for which registration is required.
The disclosure of personal data is required for each User in order to open an account and to use Services regulated by the account.
The additional purposes for which WalletSaver processes the User's data include:
A. the provision of the Services, upon acceptance of the General Conditions of contract;
B. the sending of newsletters;
C. verification of the legitimate User's regular use of the account and the protection of the account from unauthorized access;
D. the operation, maintenance and technical support relating to the Services;
E. improving the quality and structure of WalletSaver services and the creation of new functions, features and services;
F. the reporting of illegal activities to the Competent Authorities.
WalletSaver will not give the User's personal details to third parties or personally use the User's personal data, and his/her e-mail address, for the sending of commercial, promotional, advertising or marketing messages without the User's consent, except for messages regarding the functioning of the site or specific programs in relation to which the option to accept or reject will be available.
In any case, WalletSaver will use the User's e-mail, without further consent, for non-commercial or marketing purposes.
In relation to the processing of data, the User can exercise the rights provided for in article 7) of the Code regarding the protection of personal data at any time, pursuant to which:
"Article 7. Right of access to personal data and other rights
1. The party concerned is entitled to receive confirmation as to the existence or non-existence of his/her personal information, even if it has not yet been recorded, and to its communication in intelligible form.
2. The party concerned has the right to obtain information on:
a. a) The source of the personal details;
b. b) The purposes and methods of processing;
c. c) The logic applied when data is processed by electronic means;
d. d) Any identity information for the subject, for managers or for the designated representative pursuant to Article 5 (2);
e. e) The parties or categories of parties to whom the personal data may have been communicated, or who may come into contact with it as appointed representatives in the country in question, as managers or other employees.
3. The party concerned is entitled to obtain:
a. a) Updating, amendment or, where required, addition of further details;
b. b) The deletion, transformation into anonymous form, or blocking of data processed unlawfully, including data that does not need to be retained for the purposes for which it was collected or subsequently processed;
c. c) Certification that the activities mentioned in (a) and (b) have been notified, including their exact content, to those to whom the data was disclosed, unless this requirement proves impossible or implies manifestly disproportionate measures with respect to the protected right.
4. The party concerned is entitled to object, in whole or in part:
a. a) For legitimate reasons, to the processing of his/her personal data, even if it is pertinent for collection purposes;
b. b) To the processing of personal data for the purpose of sending advertising materials, direct sales or for the carrying out of market research or promotional communication".
To exercise the rights provided for by Legislative Decree No. 196/03 article 7, the User must contact [email protected] or send an e-mail from the contact us section.
WalletSaver can record information regarding the use of the software and the website by the User (frequency of access, use of favorite Services, size of data transfers, the information displayed by the User, and so on).
WalletSaver will also use information that does not allow direct identification of the User (such as anonymous usage data, cookies, IP addresses, clickstream data, browser, etc.) to improve the service and for each new feature and function of the same, with the right to verify and monitor preferences, activities and communications and trends of the User for improvement and functional purposes.
In case of an error in the app while the User is using our Service or the app is running in background, WalletSaver will collect data and information (through third party products) on the User's phone called Log Data. This Log Data may include information such as your devices's Internet Protocol ("IP") address, device name, operating system version, configuration of the app when utilising our Service, the time and date of your use of the Service, and other statistics.
WalletSaver also uses 'clear GIF' cookies and log file information in order to: (A) verify the effectiveness of promotional campaigns; (B) store the information entered by the User so that they do not need to be repeated; (C) monitor elements such as the total number of visitors, pages viewed, etc.; (D) trace Contents submitted by the User.
To facilitate our Service to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used, we inform the Users of this Service that these third parties may have access to the user's Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Links to Other Sites
For further information on privacy, the User may contact the Data controller, WalletSaver, based in Rome, Via Antonino Giuffrè, 30/5, or send an e-mail from the contact section.