LiveHelp� Terms and Conditions of Use
Premise
The Internet Site https://www.livehelp.it and any equivalent (or mirror) domains, hereinafter simply referred to as "Site", is managed, updated and provided by LIVEHELP SRL, with registered office at Via Daste e Spalenga, 28 | 24020 Gorle (BG) / Tax Code and VAT no. 03365340169, REA BG � 371949.
Hereinafter the term "Provider" and/or "Manager" will also be used in place of LIVEHELP S.r.l., the term "Customer" will be used to indicate the company that has purchased the LiveHelp� service provided by LIVEHELP SRL and the term "User" will be used to indicate the subject using the LiveHelp� service.
The Site and, in particular, the Chats, are discussion spaces dedicated to companies in order to be able to provide dedicated online real-time support to their users. Users will therefore be able to enter messages to which the company can respond in order to provide the requested support, with immediate information in real time.
This service is provided by the Provider to the Customer in exchange for the payment of an annual fee.
Messages not in compliance with these regulations may be closed, modified or deleted, at the discretion of the Manager, without the user receiving any notice. In the event that conduct not allowed by the regulations governing its use, or contrary to the law, is implemented, the user may be deleted and/or excluded from the site.
The software covered by this offer is registered and protected by copyright owned by LIVEHELP SRL, and has been created to operate with the minimum technical specifications indicated in the Economic Proposal, under the full and exclusive responsibility of the customer. The software contained in the site allows interaction via web through a chat, under the terms and conditions of these regulations, its use is subject to the acceptance of the terms and conditions, established below.
1) Free demo
The Customer will have the possibility to access the site www.livehelp.it, and after registration and express acceptance of these general conditions of use, will be able to make a demonstration test of the software directly on their own site, for a free period of 15 days.
At the end of the trial period, the Customer may let the registration lapse or opt to purchase the product, selecting the chosen period, under the conditions and terms set forth below.
Within the control panel that will be provided, the customer can then renew the service for the desired period or upgrade it, paying the fee by Credit Card or Bank Transfer.
2) Software ownership � intellectual property
All the content and the LiveHelp� software, made available for viewing, are owned and protected by copyright, and are licensed for use and not sold. The LiveHelp® software is provided by LiveHelp SRL under the conditions and terms of these regulations.
The software is delivered remotely with access through the assignment of a password and a login to Customers who have expressly accepted these general conditions of use.
The software is enabled exclusively to operate on servers owned by LIVEHELP S.r.l., managed by the same, and containing the area destined for the Customer, equipped with the technical performance necessary to store information, continuously connected to the internet, and which thus allow the software and the necessary information to be available to Customers 24 hours a day, 7 days a week. The copying or reproduction of the software on other servers or other peripherals for further reproduction or redistribution is expressly prohibited.
By using the software, all said conditions are deemed to be fully accepted.
The trademarks, logos, graphics, banners and texts contained in the Site are the intellectual property of the Provider and cannot be reproduced, used or represented without the explicit authorization of the same. The rights of use granted by the Provider to the Customer are strictly limited to access and within the scope and for the duration of membership of the LiveHelp® service; any other use by the Customer is prohibited without the prior written authorization of the Provider. In particular, the Customer cannot modify, copy, reproduce, download, disseminate, transmit, exploit and/or distribute in any way the services, the pages of the Site, nor the IT codes of the elements that make up the services of the Site.
3) Conditions of use � updates
This contract is intended to be stipulated between the Provider and the Customer, for the access/use of the site/service livehelp.it, the information and documentation contained therein, as well as the software supplied, are referred to hereinafter as the "service".
It is the Provider's right to modify the conditions of use at any time, with immediate effect for all Customers. The Customer is required, on each access to the site and use of the software, to verify and check the conditions, which will in any case be considered expressly and automatically accepted, also with any modifications made by the Provider.
The Provider is in any case not required to provide updates and/or improvements to the service; should the Provider, at its discretion, do so, the conditions for use must be considered automatically applied and authorized also for the updates/improvements.
4) Termination / withdrawal
The Provider reserves the right to terminate the contract, at its sole discretion, with 7 days' notice, if the operating conditions referred to in these regulations have ceased.
The Provider, without prejudice to the right to compensation for damages suffered, may consider this contract terminated by right with immediate effect, without obligation of notice, in the event that the Customer has been in default of even one of the conditions indicated in these regulations, suspending the service with immediate effect.
The Customer may exercise the right of withdrawal by requesting at any time, by fax or e-mail, the cancellation of his account and all the Data concerning him. Early withdrawal does not provide for the refund of any fee already paid.
5) Payment conditions
The payment of the LiveHelp� fee can be made by bank transfer to the bank coordinates indicated by LIVEHELP S.r.l. or by Credit Card, in the manner indicated by LIVEHELP SRL.
The Provider is expressly exonerated from any liability for any damages and/or disservices attributable to the entities responsible for the systems for transferring credits to the current account, as well as for any confidential information regarding the use of credit cards transmitted via the chat service.
This contract will start running and the service will be operational from the moment of receipt (credit) by the Provider of the payment of the fee due for the chosen period of use of the software.
The Provider reserves the right to modify the fee at any time for contractual renewals subsequent to the first contract.
6) Limits of the information entered
The entry and/or use of messages and/or chat comments is not subject to prior approval. Offensive, insulting, polemical, vulgar, outrageous, disrespectful, defamatory or inciting illegality messages, which threaten, damage, defame or insult other users or third parties, deemed such at the sole discretion of the Provider, are not allowed and may be modified or deleted as soon as the Manager becomes aware of them. The Manager reserves the right to reveal the identity of the author and the source IP address of a message, in the event of a specific request from the competent authorities, in the context of investigations or judicial inquiries. LIVEHELP SRL will provide the Customer with the possibility to access the service by typing the "operator name" and a personalized password. The Customer undertakes and is obliged not to allow access to the service to unauthorized third parties or to transfer and/or allow the use by third parties of the username and password as granted above.
The Customer is responsible for the confidentiality of the password and account and must notify the Provider if the password is lost, stolen, communicated to third parties or otherwise compromised. The Customer agrees to be responsible for any activity carried out in their account. Unauthorized use of the account or any breach of the Site's security must be notified immediately to the Provider.
The Customer is forbidden from decoding or reproducing the software. Any unauthorized reproduction or redistribution of the software, where not specifically provided for in these conditions, is expressly prohibited.
The use or reproduction of the software in violation of the license agreement, and of the laws protecting intellectual property (by way of example and not limitation: trademark, patent, copyright) are expressly prohibited.
7) Limitations of liability
The Provider is in no way responsible, and is expressly exonerated, for direct or indirect damages, also to the image, decorum and/or reputation possibly suffered by customers and/or users of the site or by third parties, as a result of the use of the Site and the LiveHelp� service.
The Provider is expressly exonerated from any liability in relation to the loss, damage of any strictly personal information and/or Data that goes beyond the necessary and exclusive information indispensable for the registration on the Site, and for its operation. The Customer and the User are therefore required not to enter information whose loss, damage or consultation by anyone could cause damage to themselves or to third parties, also by virtue of the fact that in case of violations of these regulations the Provider may proceed without any notice to delete the User's registration and all the User's and/or Customer's Data.
The Manager cannot be held responsible for the contents or reliability of sites reported by third parties within the Site and/or any advertising banners displayed on the Site and related sites or activities linked to them.
In any case, the Provider's liability for damages or loss cannot in any case be greater than the amount paid by the Customer for the purchase of the service.
8) Operation of the site and services
The Customer and the User must have the skills, equipment and applications necessary to use the Internet and recognize that the characteristics and constraints of the Internet do not allow him to guarantee the protection, availability and integrity of Data transmissions on the Internet. Given these conditions, LIVEHELP SRL does not guarantee that the services will work without interruption or malfunction. In particular, their use may be temporarily interrupted for reasons of maintenance, updating, technical improvement, modification of the content or the relative method of presentation. As far as possible, the Provider will inform Customers in advance in case of maintenance and/or updating of the site and the service. The Customer and the user do not consider the Provider responsible for the operation and use of the services. Likewise, the Provider cannot be held responsible for any malfunctions, inability to access or poor conditions of use of the Site and/or the LiveHelp� service attributable to unsuitable equipment, and/or to internal malfunctions of the Provider, to the traffic of the Internet network and/or to any other reason and/or reason not also dependent on the Provider.
In the event of commercial transactions stipulated through the service (or sites linked to it through links) between the user and third parties (including other users or other service providers or resellers), such transactions must be considered stipulated between the user and the third parties (with all the rights and duties deriving therefrom), with express exoneration from any responsibility and obligation upon the Provider.
The Site may provide, or third parties may include, links to other websites or other Internet sources; since the Provider cannot directly control such external sites and sources, it cannot be held responsible for their availability, content, advertising, products and services related, or any other element available on such external sites or sources. Any malfunction and/or anomaly relating to a connection must be reported to the administrator of the site itself within and not later than three days from knowledge of the anomaly.
9) Changes to the site or conditions of use
The Provider reserves the right to modify or have modified at any time the pages of the Site, the services or the conditions of use in force. These changes will come into effect from the moment they are placed online on the Site, without prejudice to the right of any customer to cancel their membership of the LiveHelp� service. Otherwise, the Customer is deemed to have accepted such changes. Customers are therefore obliged to consult the most recent version available online on the site.
10) Competent court
These conditions of use are governed, interpreted and applied in accordance with Italian law. For any dispute arising from the interpretation, execution and application of these regulations, the Court of Bergamo shall have exclusive jurisdiction.
11) Specific approval of the clauses
It is declared to have examined all the clauses of these regulations and to have specifically approved them also pursuant to and for the purposes of art. 1341 and art. 1342 of the Civil Code, with particular reference to articles no. 2, 3, 4, 5, 6, 7, 8, 9, 10.
Privacy
A. CATEGORIES OF DATA:
The processing covers your Personal Data such as connection IP, date and time of connection, and other Data that you spontaneously enter in the registration form for the service (name, surname, Company, email...)
The failure to process certain Data (for example contact Data, addresses or Data relating to the user's behavior or preferences, etc.) may make it impossible for LiveHelp� to provide its services.
If you use LiveHelp� to share Personal Data with third parties, you assume full responsibility, releasing LiveHelp S.r.l. from any responsibility for its improper use following disclosure or dissemination.
B. SOURCE OF PERSONAL DATA:
Data is collected directly from the data subject.
C. EXTERNAL DATA PROCESSOR:
The External Data Processor is LiveHelp S.r.l., Via Daste e Spalenga 28 | 24020 Gorle (BG) VAT number 03365340169, contactable by phone at +39 035 363813 or by email at privacy@livehelp.it
At the time of registration and activation of the LiveHelp� service on your site, you consent that LiveHelp S.r.l. is implicitly appointed as external data processor, the Data of which may be exchanged in chat with end users.
Other external data processors on which LiveHelp� relies that provide external services:
Aruba S.p.A., Dropbox S.p.A., Google Inc., SiteGround Spain S.L.
D. PURPOSES OF DATA PROCESSING AND LEGAL BASIS:
The legal basis for processing your Personal Data is your consent, in order to pursue the following purposes:
- Managing contact with you following registration;
- Use of the chat platform to offer support and assistance to your users;
- Managing contact with you for commercial offers;
- Managing contact with you for system maintenance interventions;
- Managing contact with you to allow the execution of services by LiveHelp� and the purchase of the chat sold on this site.
E. CONTACT DETAILS
The Processor can be contacted by email at privacy@livehelp.it
F. RECIPIENTS OF THE DATA:
Your Data may be communicated, in addition to the data processor, also to external system administrators (such as third-party technical service providers). Your Data will not be disseminated in any way.
G. TRANSFER OF DATA ABROAD:
The transfer of data to third countries or international organizations is not foreseen.
If, for specific technical reasons, the controller transfers data to third countries or international organisations, in order to ensure an adequate level of data protection this will take place in compliance with the following conditions: transfer based on an adequacy decision, transfer subject to appropriate safeguards, binding corporate rules, or application of derogations provided for specific situations.
H. RETENTION PERIOD:
The collected Data will be stored for a period not exceeding the achievement of the purposes for which it is processed («storage limitation principle», art.5, GDPR) or based on the deadlines set out in the legal regulations.
The verification of the obsolescence of the stored Data in relation to the purposes for which it was collected is carried out periodically.
I. RIGHTS OF THE DATA SUBJECT:
The data subject always has the right to request from the Processor access to their Data, the rectification or deletion of the same, the restriction of processing or the possibility to object to processing, to request data portability, to withdraw consent to processing, by asserting these and the other rights provided by the GDPR through a simple communication to the Processor.
The data subject may also lodge a complaint with a supervisory authority.
J. WHETHER CONSENT IS MANDATORY:
The granting of consent for your Data is mandatory in order to activate and use the LiveHelp� chat platform.
K. METHODS OF DATA PROCESSING:
The Personal Data you provide will be subject to processing operations in compliance with the regulations mentioned above and with the confidentiality obligations that inspire the activity of the Processor.
Data will be processed both with IT tools, on paper, and on any other suitable medium, in compliance with adequate technical and organisational security measures provided by the GDPR.
