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Contract for Blog and Community Services provided by the Internet portal MyBlogJournal.com

General contractual conditions

These General contractual conditions (hereinafter “General Conditions”) constitute the terms and conditions governing the use by Internet users who have registered in accordance with the procedures set out in article 3 below (hereinafter, “Registered Users” or, in the singular, “Registered User” of the Blog and Community Services provided by E.r.c. Investment S.r.l, whose registered office is in Via Cenisio 76/ 20154 Milan (hereinafter referred to as the “Supplier”), as Supplier of virtual spaces independently managed by users which is referred to in computer jargon as a “blog” and “community” (hereinafter, “Blog and Community Services” or simply “Services” or in the singular, “Blog and Community Service” or “Service”).

1. Blog and Community Services

1.1 Blog and Community Services allow Registered Users to post, memorise, publish, circulate and communicate information, articles, written texts, images, photos, films, graphics, sounds, data, contents, links to external sites (hereinafter “Materials” or, in the singular, “Material”) within specific virtual spaces, which are accessible through the portal which can currently be accessed through the URL http://www.myblogjournal.com (hereinafter, “MyBlogJournal Portal”), which is ready, from a technical point of view, to host them; by way of non-limiting example, such Material is currently referred to as Profile, Blog, Posting, Forum, Newsgroup, Feed Aggregator, Personal Journal etc).

1.2 Registered Users acknowledge and accept that the Material which they post to the above-mentioned spaces, is automatically published online and, therefore, shall be available and accessible for no cost, and for as long as it remains online, to any navigator/Internet user, even if not registered with the Services who may access the portal and view the Material, until such time as it is deleted by Registered Users or by the Supplier pursuant to article 8.1 or 8.5 below.

1.3 Registered Users acknowledge and accept that, also by virtue of the inherent nature of Internet, the Supplier provides no guarantees and accepts no responsibility for risks due to deterioration and/or piracy relating to the Material or to part thereof.

1.4 By registering, the user declares that he or she is over the age of 16.

1.5 The Registered User’s right to use the Services is personal and may not be assigned. The Registered User expressly acknowledges that the Services are intended solely for personal use. The Registered User is prohibited from reselling or from putting the Services to any commercial use.

1.6 Registered Users accept that, in accordance with Internet practice and customs, the Supplier is free to place advertising on the MyBlogJournal Portal.

2. Registration and privacy

2.1 In order for users to use the Blog and Community Services pursuant to article 1.1 above, it is necessary to register, after reading the legal notice pursuant to article 13 of legislative decree 196/2003 (hereinafter “Privacy Code”), by entering a valid active e-mail address, a password, and a name or term for identification purposes (nickname) (hereinafter “Username”) in the specific online registration form on the MyBlogJournal Portal; expressly accepting the General Conditions and expressly approving the express determination clauses set out at the foot of these General Conditions, clicking on “I accept”, once the aforementioned personal data has been entered and once the General Conditions and, separately, the express termination clauses have been accepted, Registered Users will receive a confirmation e-mail and must click on the link contained therein, in order to complete the registration process.

2.2 All personal data supplied by Registered Users during the registration stage and throughout use of the Services shall be processed by the Supplier in accordance with the Privacy Code and in accordance with the contents of the Legal Notice provided to Registered Users, pursuant to article 13 of the Privacy Code, during the signing up/ Services registration stage.

2.3 The Registered User acknowledges that any third-party personal data may be posted to the Services only if the Registered User has acquired the express consent of the interested party to their personal data being processed and to communication of same to third parties. The Registered Users accept full responsibility with regard to violation of the Privacy Code including subsequent amendments, expressly indemnifying and holding the Supplier harmless in respect of such violation.

2.4 The Registered User undertakes not to circulate personal data which is “sensitive” and/or “judicial” through the Services pursuant to article 26 and 27 of legislative decree n° 196/03 incorporating the Code governing protection of personal data.

2.5 The Registered User acknowledges and accepts the existence of Log files (hereinafter, “Log”) relating to use of the Blog and Community Services, generated and kept by the Supplier. The contents of the Log is strictly confidential and may only be produced at the request of competent authorities.

3. Single Sign In

3.1 Use of the Blog and Community Services by Registered Users therefore, is possible by means of:

  1. entering one’s e-mail address,
  2. choosing and entering a Username,
  3. choosing and entering a password,

3.2 The e-mail address and password provided upon registration for the Services will constitute access (or authentication) credentials of Registered Users for accessing the Blog and Community Services. Therefore, after registering for the aforementioned Services, whenever Registered Users wish to access the same, they must enter, in the appropriate box on the homepage of the MyBlogJournal Portal, the aforementioned e-mail address and password. Once the aforementioned access credentials have been entered to use one of the Blog and Community Services, Registered Users need not re-enter them during the same session in order to pass from one Community Service to another one. Due to the use of session cookies, they shall automatically be recognised (“Single Sign In” mechanism) provided:

  1. should registration be specifically requested for certain Services, these are Services for which the Registered User has already registered;
  2. registered Users pass from one Service to another one without closing the navigation browser (for example Netscape, Explorer).

In all cases, the aforementioned cookies shall be deleted at the end of the session. A Registered User who wishes to block the automatic recognition system may do so, at any time, by using the specific instruments available to him or her.

4. Use of the Username and password authentication credentials

4.1 The aforementioned Username and Password authentication credentials are personal and may not be assigned. The Registered User is required to look after them, employing the utmost care and is required to ensure that they remain confidential in order to prevent the use of the Services by unauthorised third parties.

4.2 The Registered User undertakes to immediately notify, in all cases in writing, the Supplier, in accordance with the procedures set out in article 13 below, of any unauthorised use by third parties of such data.

4.3 Without affecting the above, the Registered User shall be liable for any use, made by authorised or unauthorised third parties, of the aforementioned data, in addition to any harm caused to the Supplier (or to just one of these) and/or to third parties, arising as a consequence of failure to comply with the above, hereby undertaking to indemnify and hold the Supplier harmless from and against any claim, including claims for compensation, deriving, directly or indirectly, from the aforementioned use or misuse.

5. Guarantees and responsibilities

5.1 Registered Users acknowledge that the Supplier is not required to check and, unless it becomes necessary in order to comply with an order issued by a law court or another competent authority, shall not carry out any prior checking of Material posted by Registered Users in advance, being under no general surveillance obligation, and, therefore, the Supplier can in no manner be held liable for the aforementioned Material, neither for any errors and/or omissions contained therein, nor for any direct or indirect harm caused to Registered Users and/or to third parties through the use or failure to use the Services. For this reason, the Registered User shall be the only party liable for Material posted, published and/or circulated online, totally autonomously, through the Services, in the name of and/or on its own account or on behalf of third parties, and the Registered User shall also be liable with regard to the accuracy and truthfulness of same.

5.2 In this regard it is acknowledged that the Supplier acts exclusively in its capacity as Supplier of virtual spaces (“hosting provider”) and therefore, unless otherwise subject to mandatory provisions of law, the Supplier cannot guarantee that the contents of Material posted by Registered Users through the Blog and Community Services is not questionable, inappropriate or inoffensive and, for this reason, declines all related liability.

5.3 Without affecting the above, the Registered User undertakes to use the Blog and Community Services solely for lawful purposes allowed under then current applicable legal provisions, practices and customs, by rules of reasonable care, and in all cases without harming any third-party right. In particular, Registered Users acknowledge that they are prohibited from (or enabling others to do so) posting and/or publishing in the Profiles and/or, more generally speaking in web spaces made available to you, Material which:

  1. is offensive, insulting, defamatory, slanderous, pornographic, vulgar, obscene, relating to paedophilia, blasphemous and in any way failing to abide by breach of the peace laws or which can harm minors in any manner whatsoever.
  2. is illegal on any grounds whatsoever; violating applicable legislation – including purely by way of example, provisions governing copyright, and the Privacy Code – or trademarks, intellectual property rights, industrial property rights or other third party rights;
  3. is protected by copyright without the express authorisation of third-party holders of intellectual property rights, as set out in greater detail in article 5.5 below;
  4. disturbs the peace or which offends or harms, either directly or indirectly, whomsoever or which encourages third parties to behave unlawfully and/or or to undertake criminal activity, making them criminally or civilly liable;
  5. contains viruses or other programs designed to damage or interfere with proper operations of the Services, causes unreasonable overload to the Supplier’s technological infrastructures and servers or to intercept or appropriate operating systems, data or personal information or violate, misappropriate or delete correspondence sent by computer or electronic data transmission services to third parties;
  6. contains advertising, promotional material or any other form of promotion which is not requested and not desired.

5.4 The Registered User acknowledges and also accepts that it is prohibited to post to Profiles and/or, more generally, to web spaces made available, i) sensitive data pursuant to article 4, paragraph 1, subparagraph d) Privacy Code ii) photos/images of minors without the authorisation of the parent or guardian and/or, in all cases, iii) third-party personal data (including, images/photos) without the necessary authorisation for purposes of publication/circulation online.

5.5 The Registered User also acknowledges and expressly accepts that any Material protected by intellectual property rights may be posted to the spaces made available only if the Registered User has previously acquired user rights, from the owner of the copyright and any related rights, and, therefore, only with the permission of the holder of the right and with the obligation to disclose the source and existence of such permission. For this reason, the Registered User guarantees the provenance and originality of Material posted through the Services, to the aforementioned spaces and undertakes not to copy, reproduce, process, alter, modify, transcribe, duplicate, communicate, distribute, exchange or otherwise disclose or make available to the public any Material protected by copyright without the express authorisation of third-party owners of intellectual property rights. The Registered User is aware that infringement of these provisions is punishable pursuant to article 171 et seq of the Copyright Law and that, in particular, reproduction and making available to the public (also through file-sharing) works protected by copyright without the authorisation of the owner of such rights, is prohibited and sanctions are applied, including criminal sanctions, to the aforementioned infringements, as provided by the Copyright Law.

6. Code of Conduct

Without prejudice to the provisions of the General Conditions, whilst using the Services, the Registered User is required to respect netiquette (literally “net etiquette”) and any modifications or additions to same, meaning a body of rules which has been developed spontaneously within the Network, containing various prescriptions regarding behaviour which network users are required to abide by during use of the same, these prescriptions being set out in the version currently published on the Italian naming authority’s site “NETIQUETTE” as set out hereinafter.

1 – When you go to a new newsgroup or a new distribution list by e-mail, it is advisable to read the messages which have been posted in at least the last two weeks, before posting one’s own messages: in this way you become aware of the topic and the manner in which it is treated within the community.

2 – If you send a message, it is advisable to keep it concise, describing the problem clearly and directly. Always specify, briefly and in a meaningful manner, the Subject of the text included in the mail: if you use a “signature file” keep it short and meaningful.

3 – Don’t go off topic with regard to the issue being discussed by the newsgroup or the e-mail distribution list.

4 – As far as possible, avoid posting your message to a lot of mailing lists (or newsgroups). In the vast majority of cases there is just one mailing list which represents the proper addressee, and which includes all and only people who are actually interested.

5 – If you reply to a message, highlight the important sections of the original message, in order to facilitate comprehension by those who have not read it, but never copy, systematically, the entire original message unless it is strictly necessary.

6 – Don’t engage in “flame wars” with messages and counter messages: if there are personal arguments, it is better to solve them by means of electronic mail in private between those concerned.

7 – Never publish, without the express permission of the author, the contents of e-mail messages.

8 – Do not publish foolish messages or messages which simply defend one or other of the sides in the discussion. Always read the FAQ regarding the issue being dealt with before sending new questions.

9 – Never send advertising messages or communications via e-mail which have not been explicitly requested.

10 – Do not be intolerant with people making errors of syntax of grammar. Those writing are in any case required to improve their language so as to be comprehensible to the community. Other criteria deriving directly from commonsense must be added to the rules set out above: A – The network is used as a work tool by many. None of these people have the time to read useless or frivolous messages or personal messages, and messages which are not of general interest. B – Any activity which weighs down on network traffic or Services, such as for example transferring archives or sending e-mail messages containing large attachments to many addressees impairs the overall performance of the network. For this reason it is advisable to carry out these operations in order to have as little impact as possible on the network. In particular it is advisable: a) to carry out transfer of archives when the network is not at its busiest (for example at night), taking into consideration any differences due to time zones; b) not to send large volumes of data by e-mail; indicate (where possible) the location (URL) of the data in a message, making them available to be picked up or consulted on the Network. C – There are many server sites on the network (file servers) containing, in an up-to-date form, documentation, software and other items available on the Network. Find out in advance what the most accessible server node to you is. If a file is available on this server or locally, there is no reason to take it from the Network, uselessly occupying the line and certainly taking longer for transfer. D – Software available online may be covered by patents and/or various user restrictions. Always read the supporting documentation carefully before using it, modifying and/or redistributing it in any manner whatsoever and in any form. E – Behaviour on the part of the user which is clearly wrong such as: a) violating the security of network archives and computers; b) violating privacy of other users of the network, reading or intercepting electronic mail intended for them; c) compromising operations of the network and devices constituting it through the use of specifically constructed programs (virus, trojan horses etc); d) represents actual electronic crimes and as such are punishable by law.”

7. Limited liability and indemnification

7.1 Pursuant to the provisions of articles 4, 5 and 6 above, the Registered User undertakes to indemnify the Supplier, including subsequent to expiry or termination for any reason of this contract, holding the Supplier harmless, substantially and procedurally, from and against all loss, damage, liability, costs, expenses including legal costs), arising as a consequence of publication and circulation online of the Material posted by the user or, in any case, deriving from use of the Blog and Community Services by the user.

8. Disabling and deleting Materials

8.1 It remains understood that i) in the event of violation by the Registered Users of the provisions and guarantees as per articles 5 and 6 above or, in any case, should the Supplier become aware, in any manner whatsoever, that the Registered Users have used the Services in breach of the provisions set out in the General Conditions and/or should the Supplier receive documented complaints and/or reports regarding the risk of the aforementioned breach; or ii) should any dispute arise or any complaint and/or claim of whatsoever type, be made by third parties against the Supplier with regard to the Materials; or iii) should the Supplier consider, at its absolute discretion, that the Materials may be the cause of harm to third parties or to itself; or iv) should the Services be used by Registered Users for business purposes; or v) should a request be made by competent authorities, or vi) should the e-mail address used during registration not be true, current or available to the Registered User, the Supplier may, at its own absolute discretion and without having to provide forewarning, take such action as it deems advisable and/or necessary, including temporary removal or permanent deletion of the Material and/or disabling, whether temporary or final, access to the Blog and Community Services, (by way of example, by blocking the Username and password), without prejudice to any other remedy provided for by law, including the right to terminate this contract and to claim damages for losses. It remains understood that the Services may not be used by Registered Users who have been permanently or temporarily suspended.

8.2 The Registered User acknowledges that should the Supplier, whilst performing customary checks as to the operations of the Services or in any case in any other manner or circumstance, casually become aware of presumed unlawful activities undertaken by Registered Users (such as, by way of example, using the Services to circulate pornographic or paedophile-related Material) the Supplier is required pursuant to applicable laws, and shall immediately do so, to alert the competent authorities, providing, at the request of the latter, information held by the Supplier allowing identification of the Registered User in order to allow the aforementioned authorities to identify and prevent unlawful activity.

8.3 Registered Users can report misuse and violation of the Services through the available form by clicking on the link “report misuse” (http://www.myblogjournal.com/segnalabusi.html contained in the pages of the MyBlogJournal Portal, providing such information as may be useful, such as the description of misuse or the unlawful contents, the presumed perpetrator, and the URL where it is located.

8.4 The Registered User acknowledges and accepts that should this contract be terminated on whatsoever grounds, access to the Services shall be disabled and Material posted by him or her shall at the same time be deleted, without the Supplier bearing any related liability.

8.5 Registered Users also acknowledge that, with no requirement to provide forewarning, the Materials they post casually may be deleted should maximum concentration thresholds be reached. Registered Users are therefore invited – if they wish – to store on their own computer Materials posted through the Services and in no case may the Supplier be held liable for loss or deletion of the Materials.

9. Availability of the Services

9.1 Subject to binding legal provisions, the Supplier does not warrant and represent that the Services will be fully and constantly running, and neither does the Supplier provide or acknowledge guarantees of any other type, whether explicit or implied, and the Supplier makes no promises as to quality, proper operations, suitability for a particular purpose or a particular result of the Services, nor publication or the fact that the Material remains on line. The Supplier may suspend and/or interrupt the supply of Services (and/or publication and/or distribution online of the Material) in the event of congestion and/or system overload, as well as to ensure ordinary and extraordinary maintenance, without thereby assuming, subject to mandatory provisions of law, any liability, including if the Services are not available on account of partial or total interruption to the access service supplied by the telecommunications operator.

9.2 The Supplier shall not be accountable for delays, malfunctioning, suspension and/or interruption – neither towards the Registered User nor towards parties directly or indirectly connected to the Registered User – in providing Services caused by: force majeure or chance; tampering or unlawful actions by third parties on Services or equipment used by the Supplier; tampering or action taken on connection devices, available to the Registered User, carried out by the latter or by an authorised third parties; misuse of Services by the Registered User, malfunctioning/wrong configurations of the connection devices used by the Registered User.

10. Intellectual property rights

10.1 The Registered User acknowledges that the Blog and Community Services, in addition to all software necessary to provide same (hereinafter, “Software”), are the property of the Supplier, contain confidential information and are protected by applicable laws. The Supplier grants the Registered User a free of charge and non-exclusive, non-transferable user license in respect of access to and use of the Services and the software.

10.2 The Registered User may not (nor allow third parties to do so) sublicense, rent, sell, distribute, circulates, make available, transform, including only partially, decode, decompile, disassemble, modify, translate the software, conduct reverse engineering operations and in no circumstance reproduce, copy, use or dispose of the software or portions thereof, in any manner other than the manner expressly allowed herein or allowed under mandatory legal provisions. Furthermore, the Registered User is not authorised to create works derived from or in any manner attempt to discover any source code, or develop products or software applications based on the software or which use the software in any manner whatsoever.

10.3 The Registered User undertakes not to access the Services in any manner whatsoever other than through the software interface distributed by the Supplier. The Registered User acknowledges and also accepts that acquisition of any type of Material or data through the use of the Services is under his or her own responsibility and that therefore he or she alone is responsible for any damage to the system or loss of data caused, even indirectly, by use of the Services.

10.4 The Registered User also acknowledges that use of the Services and the software is at his or her own risk and that the Services and the Software are provided by the Supplier and accepted by the Registered User in the state in which they are found (on a “as is” and “as available” basis). The Supplier offers no guarantee that the software is suited to the client’s requirements, or that the software shall be uninterrupted, of benefit, secure or without defects; in addition the Supplier offers no guarantee as to results which may be expected, desired, or obtained through use of the Software.

11. Variations to the Services

11.1 Use of the Services necessarily entails acceptance of these General Conditions. The Registered User is aware that these General Conditions may be modified at any time, through publishing, online, the new version. The Registered User, using the Services, undertakes to keep up-to-date and gain knowledge of the conditions and apprise himself or herself of any changes made. The new terms and conditions shall automatically be effective once 30 days have elapsed from the date on which notice thereof is given on the MyBlogJournal Portal and/or via mail. Within such time limit, Registered Users, should they not agree to the new conditions, may withdraw, in accordance with the terms and procedures set out in article 12 below. In no case is the Supplier liable, if, as a consequence of the aforementioned changes, Materials posted by Registered Users are deleted.

12. Term and withdrawal

12.1 The Blog and Community Services are provided without cost for Registered Users and for an unlimited period for as long as the MyBlogJournal Portal is online and active.

12.2 Without prejudice to the rights of withdrawal pursuant to article 64 governing the matter of distance contracts, as per article 64 legislative decree n° 206/2005 (previously article 5 legislative decree 185/1999), the Registered User may in any case withdraw from this contract, at any time, through sending an e-mail to the address set out in article 13.1 below.

12.3 With regards to the Supplier, it shall be entitled to withdraw from this contract at any time by sending a written notice to the e-mail address of the Registered User as per article 13.2 below, providing 15 days notice.

12.4 Should the Registered User not access the Blog and Community Services for a period of time greater than 12 months, the Supplier, aside from the right to withdraw from this contract, reserves the right to delete the Username and Password and the related Profile and to allow another Registered User who has made the request to use the same Username.

12.5 Termination, for whatsoever reason, of this contract shall give rise to termination of all the Blog and Community Services, it remaining understood that the Registered User shall continue to be liable for Material posted after such termination.

13. References, contacts and communications

13.1 Registered Users may directly contact the Supplier at the e-mail address with regard to any queries as to the Blog and Community Services at info@myblogjournal.com

In any case Registered Users may also contact the Supplier at the following addresses: a) E.r.c. Investment, Via Cenisio 76/ 20154 Milan.

13.2 The Supplier may contact the Registered User at the e-mail address used for registering for Services.

14. Express termination clause

The Supplier reserves the right to terminate this contract in accordance with law, pursuant to article 1456 of the civil code by sending an e-mail to the client, in the event of breach of one of the obligations set out in articles 1.4 (Over the age of 16) and 1.5 (Personal use and prohibition on violating third-party rights); 2 (Registration and privacy); 3 (Use of Authentication Credentials and nickname); 5 (Guarantees and Responsibilities); 6 (Netiquette rules and Codes of Conduct); 10 (Intellectual property rights). The Supplier retains the right to be compensated for any damages.

15. Applicable law and court of competent jurisdiction

These contractual conditions are governed by Italian Law. Wth regards to any dispute relating to this contract, Milan law-court in Italy is the court of competent jurisdiction. With regards to all that is not provided for herein, the provisions of Italian law shall apply.

I Agree to Terms of Condition

Explicit approval of express termination clauses

Pursuant to article 1341 and 1342 of the civil code, the Registered User declares that he or she has viewed and expressly accepts the clauses of the articles 4 “Use of Authentication Credentials and Nicknames”; 5 “Guarantees and Responsibilities”; 7 “Indemnification”; 8 “Disabling and deleting Materials”; 9 “Availability of Services”; 10 “Intellectual property rights”; 11 “Variations to Services” 12 “Term and Withdrawal”; and 14 “Express termination clause”.

I Agree to Terms of Service

Privacy Statement on privacy and processing of personal data

Privacy Statement on processing of personal data pursuant to article 13 of the code governing the protection of personal data (legislative decree 196/03)

Dear client,

pursuant to article 13 of legislative decree 196/03, Code governing the protection of personal data and as subsequently amended (hereinafter, “Privacy Policy”), hereinbelow, we provide you with the Privacy Statement concerning processing of your personal data by E.r.c. Investment S.r.l (hereinafter, “E.r.c.”), for provision of the Blog and Community Service which allows Registered Users to post, memorise, publish, circulate and communicate information, articles, written texts, images, photos, films, graphics, sounds, data, contents, links to external sites (hereinafter “Materials” or, in the singular, “Material”) within specific virtual spaces, which are accessible through the portal which can currently be accessed through the URLhttp://www.myblogjournal.com (di seguito, “Portale MyBlogJournal”), (hereinafter, “MyBlogJournal Portal”), which is ready, from a technical point of view, to host them; by way of non-limiting example, such Material is currently referred to as Profile, Blog, Posting, Forum, Newsgroup, Feed Aggregator, Personal Journal etc).

1) Purpose of processing data

All personal data provided by you at the service registration stage or collected subsequently at the service usage stage, including data relating to electronic data transfer3, shall be processed by E.r.c., in its capacity as independent data controller, solely for purposes of providing the service, in addition to handling any complaints and litigation.

In particular, we wish to inform you that in order to register for the Service you must compile the registration form. It is mandatory to provide the personal data stated in the aforementioned form in order to complete the registration procedure. For this reason, failure to provide such data, or partial or incorrect provision of same, renders it impossible for you to register for the Service and to use same. The aforementioned data – with the exception of your username, which shall be published online on Internet to associate it to your favourite sites which you indicate – shall not be published online.

After registering, solely for the purpose of enhancing your “Profile”, you may provide additional personal data (including photos or images known as “avatar”) in the related form, clicking on the Site on the link “Edit profile”. Provision of such data is entirely optional, therefore failure to provide such data, or partial or incorrect provision of same does not prevent you from registering the service and using same. In any case, you are informed that should you decide to enter your personal data in the aforementioned form, it shall be published and circulated online via Internet. In the aforementioned form (and more specifically in the fields referred to as “free”) it is forbidden to enter sensitive4 data pursuant to article 4, paragraph 1, subparagraph the) of the Privacy Code.

You are also informed that in order to allow proper functioning of the service, E.r.c. automatically collects what are known as cookies5. These cookies comprise casual numbers generated by the server. For this reason, after registering for the Service, until the cookies expire, whenever you access the Site with the same browser (or other users access the site on the same computer) – unless you have completely left the last navigation session, clicking on the “Exit” button – you will automatically be recognised at every subsequent visit (or any other users accessing the MyBlogJournal Portal from the same computer will be recognised) , without it being necessary to repeat the authentication procedure. However should you have completely left the last navigation session, thereby deleting the cookies, you will have to re-enter your access credentials on the next visit.

Therefore, in order to fully use the service, you must configure your browser so that it accepts cookies6.

2) Data processing procedures

In accordance with the objectives stated in point 1), E.r.c. collects your personal data in electronic archives and performs subsequent data-processing operations automatically, using electronic or data transfer and/or manual systems; in any case E.r.c. processes your personal data for reasons related to the aforementioned purposes and, in any case, in order to guarantee security and confidentiality of data in accordance with applicable legislation.

3) Data Controllers, Data-Processing Managers, Data-Processing Agents

The following, separately, are data controllers in respect of processing of your personal data, for purposes of provision of the Service:

  1. E.r.c. Investment S.r.l, whose registered office is in Via Cenisio 76/ 20154 Milan. Matrix has appointed as “internal” Data Processing-Manager for processing purposes, and also for purposes of acknowledging requests made by interested parties, Mr Emanuele Tha and Roberto Ferrario with legal domicile for purposes hereof at the aforementioned registered office of E.r.c. Investment S.r.l. The updated list of Data Processing Managers appointed by E.r.c. can be viewed hereinbelow and is also present on the homepage of the site http://www.myblogjournal.com link Privacy Policy.

List of Data-Processing Managers of E.r.c. Investment S.r.l

Name Function Responsibility Address Parties concerned
Emanuele Tha Manager Marketing Cenisio 76/4 Clients/Others
Roberto Ferrario Manager Finance Cenisio 76/4 Clients/Others
Emanuele Tha Manager Web sercice Cenisio 76/4 Clients/Others

Your personal data may be processed by matrix’s employees and/or consultants working in the Marketing and Technology functions. These employees and/or consultants, operating under the direct authority of the respective Data-Processing Managers, have been appointed data-processing agents pursuant to article 30 of the Privacy Code and, in this respect, they have received appropriate operating instructions.

4 Categories of third parties who may gain knowledge of the data in their capacity as data-processing managers or data-processing agents

E.r.c. will not inform any third party of the personal data belonging to the users.

E.r.c. may have certain data-processing operations performed by third parties, including in respect of your data; these third parties may be appointed to perform such activities (or part thereof) as are necessary or serve the purposes of providing the service (such as, for example, Customer Care). In such case said parties shall be appointed as Data-Processing Managers or Data-Processing Agents. To any such Managers or Agents appointed, E.r.c. shall provide appropriate operating instructions, paying particular attention to the adoption of security measures, in order to guarantee confidentiality and security of data.

You are also informed that your data (including your IP address) may be communicated to judicial or administrative authorities or any other public authority which is entitled to demand them, in those cases provided by law.

5) Access rights to personal data and other rights pursuant to article 7 of the privacy code

With regard to processing of personal data concerning you, at any time and without any formal procedure being required, you may exercise your rights as per article 7 of the Privacy Code, writing to:

  1. E.r.c. Investment S.r.l c.a. Emanuele Tha and Robert Ferrario, sending an e-mail to the e-mail address info@myblogjournal.com;

More specifically, through these channels, you may obtain: 1) confirmation of the existence or not of data concerning you and communication of same in an intelligible manner; 2) an indication of the origin of such data and purposes of and the manner in which they are processed, the rules applied to processing, details of the Data Controller, of the managers, parties or categories to whom data may be communicated; 3) updating, correction or otherwise completing data; 4) deletion, anonymisation or blocking of data processed in breach of law, including data which it is not necessary to keep with regards to the purposes for which the data is gathered and subsequently processed; 5) certification that the aforementioned operations has been brought to the attention, also with regard to the contents, of all those to whom the data have been communicated or circulated. You may also raise objection, either wholly or partially and for legitimate reasons, to processing of personal data concerning you.

  1. Annex to legal notice and definitions

1 Any operation or set of operations, performed with or without the use of electronic systems or automated systems, concerning the collection, registration, organization, filing, processing, editing, selection, extraction, comparison, use, interconnection, blocking, communication, circulation, deletion and destruction of data

2 This is data related to natural persons and legal entities which, by way of non-limiting example, includes the name, the surname, the date of birth, the company name, the tax code, the VAT number, images/photos, publications or reports. Data relating to data traffic, emails and what are known as log files, meaning information through which it is possible to discover when, with whom and for how long network connections have been made (Internet/Intranet) are also deemed to be personal data. In practice the aforementioned data is also referred to as “common data” to distinguish it from “sensitive” data.

3 Purely by way of example the Internet address (IP).

4 This is personal data which is likely to reveal the racial and ethnic origin, religious, philosophical or any other type of convictions, political opinions, membership of parties, trade unions, associations or organisations of a religious, philosophical, political or trade union nature in addition to personal data likely to reveal state of health and sexual orientation.

5 Technically cookies or markers are packets of information sent by a Web server (in this case, by the Site) to your Internet browser; they are automatically memorized by the latter on your personal computer and automatically sent at every subsequent access to the site.

6 By way of example, should you use Internet Explorer browser version 6.0, you must keep the predefined cookie restriction level, which is “Medium” (or otherwise select, from the “Tools” menu, the item “Internet Options” and set, in “Privacy” the Medium-high level of protection). In any case, if you wish to decide on a case-by-case basis whether to accept cookies or not, you can configure your Internet browser so that it generates a notice every time that a cookie is saved. You can also delete (or eliminate) all cookies from your personal computer (selecting, if you use the Internet Explorer browser version 6.0, again from the item “Internet Options” from the “Tools” menu, “General” and clicking on the “Delete cookies” button) or otherwise you can disable them (meaning block them or reject them conclusively). Deletion Dilution of cookies does not preclude the use of the Service, but only makes it necessary to repeat the authentication procedure (or otherwise to re-enter your access credentials); disabling or blocking cookies however prevents you from using the Service.

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