1) purposes related to the registration to www.totalconnect.it website, the use of its services, the execution of the contract and the management of the purchase order of all the products included in the offer. Without those data, we will not be able to provide you with any service. Therefore, any refusal to provide such data may determine the impossibility to use such services.
2) Functional purposes for our activitiy such as: market research, economic and statistical analysis, marketing of products and services, sending of advertising / informative / promotional material and updates on initiatives and offers aimed at rewarding customers. These activities may concern products and services of our company as well as commercial partners and can be performed, even through an automated call system, without the intervention of an operator, MMS messages (Multimedia Message Service) and SMS (Short Message Service) that you can receive on the users you are registering, e-mail and fax. The consent to the processing of data for the aforementioned purposes is optional and may be revoked. In case of lack of consent you can still use the services but your data can not be processed for the purposes described at this point. Any refusal or omitted manifestation of this consent to the processing of personal data for these purposes does not imply the revocation of consent previously given.
3) Purposes necessary to fulfill an obligation established by law, by a regulation or by community legislation such as, for example, the protection of public order, the verification and repression of crimes;
With reference to the purposes described above, the consent also concerns the activity carried out by trustworthy companies that perform technical and organizational tasks on our behalf.
The Data Controller is Link Mobility Italia Servizi Telematici based in Via Principe Tommaso 55, 10125 Torino (TO). Responsible for the customer database is the pro tempore manager in charge, domiciled, for the position he holds, at Link Mobility Italia.
The data will be processed in compliance with the guarantees of confidentiality and security measures required by current legislation.
We remind you that pursuant to art. 7 of Legislative Decree no. 196/2003 (right of access to personal data and other rights), at any time you can update, integrate and rectify your data by selecting the item “personal data” directly from the site; you can request the cancellation of your registration by sending an e-mail to firstname.lastname@example.org, using the e-mail address indicated during registration and indicating the Username and the service for which cancellation is requested. To exercise any other access rights you can write directly to Link Mobility Italia Servizi Telematici. Via Principe Tommaso 55, 10125 Turin (TO) Article 7 D. Lgs. N. 196/2003 (Right to access personal data and other rights)
1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him / her, even if not yet registered, and their communication in intelligible form.
2. The interested party has the right to obtain the indication:
a) of the origin of personal data;
b) of the purposes and methods of the processing;
c) of the logic applied in case of treatment carried out with the aid of electronic instruments;
d) of the identification details of the owner, the managers and the designated representative pursuant to art. 5, paragraph 2;
e) of the subjects or categories of subjects to whom the personal data may be communicated or who may come to know as appointed representative in the territory of the State, managers or agents.
3. The interested party has the right to obtain:
a) updating, rectification or, if interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including those whose retention is necessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where such fulfillment is proved impossible or involves a use of means manifestly disproportionate to the protected right;
4. The interested party has the right to object, in whole or in part:
a) for legitimate reasons, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him / her, provided for the purposes of commercial information or the sending of advertising or direct sales material or for carrying out market research or interactive commercial communication.
Cookies consist of portions of code (computer files or partial data) sent from a server to the user’s Internet browser, from that browser automatically stored on the user’s computer and automatically returned to the server at each occurrence or subsequent access to the site. Usually a cookie contains the name of the website from which the cookie comes from, the life of the cookie (ie how long it will remain on the user’s device) and a value, which is usually a unique number generated randomly. At each subsequent visit the cookies are sent back to the website that originated them (first-party cookies) or to another site that recognizes them (third-party cookies). Cookies are useful because they allow a website to recognize the user’s device and have different purposes such as, for example, to efficiently navigate pages, remember favorite sites and, in general, improve the browsing experience. They also help to ensure that the advertising content displayed online is more targeted to a user and his interests.
If you decide to disable cookies, this may affect and / or limit your browsing experience within the Sites, for example you may not be able to visit certain sections of a Site or may not receive personalized information when you visit the Sites.
The operating types as well as the options for restricting or blocking cookies can be adjusted by changing the settings of your internet browser. The majority of Internet browsers are initially set to accept cookies automatically, but the user can change these settings to block cookies or to be alerted whenever cookies are sent to his device. There are several ways to manage cookies, for this purpose refer to the instruction manual or the help screen of your browser to check how to adjust or change the settings of the same. The user is enabled, in fact, to change the default configuration and disable cookies (ie block them permanently), setting the highest level of protection.
Below is the path to follow to manage cookies from the following browsers:
If the user uses different devices to view and access the Sites (for example, computers, smartphones, tablets, etc.), he must ensure that each browser on each device is adjusted to reflect their cookie preferences. To delete cookies from the Internet browser of your smartphone / tablet you must refer to the user manual of the device.
Below is an explanatory list.
“Technical” cookies are essential for the proper functioning of the Site and allow users to browse the Site and take advantage of its features (for example, allow the storage of previous actions or allow to save the user’s session and / or to perform other activities strictly necessary for the functioning of the Site).
This category also includes “analytical” cookies that help Link Mobility Italia Srl to understand how users interact with the Site by providing information on the last page visited, the number of sections and pages visited, the time spent on the Site and each event is emerged during navigation, such as an error message, and help to understand any difficulties encountered by the user in using the Site. This information may be associated with user details such as IP address, domain or browser; however, they are analyzed together with information from other users so as not to identify a particular user with respect to the other. These cookies are collected and aggregated anonymously and allow Link Mobility Italia Srl to improve the performance of the Site.
Finally, the “functionality” cookies allow the Sites to remember the user’s choices (for example the user name) to provide the latter with a more personalized and optimized navigation. Functional cookies are not essential to the operation of the Site, but improve the quality and the browsing experience. If you do not accept these cookies, the performance and functionality of the Site may be lower and access to the contents of the Site may be limited.
“Targeting” or “profiling” cookies are used to present content that is more suited to the user and his interests. They can be used to display targeted advertisements, to publish customized advertising ads based on user interests, or to limit the number of times the user views an advertisement. In addition, they help measure the effectiveness of advertising campaigns on the site.
“Sharing” (or social network) cookies are necessary to allow the user to interact with the Site through their social account and serve, for example, to express an appreciation and to share it with the related social contacts.
Totalconnect.it uses or may use, also in combination with each other, cookies:
When a user uses the Site, it is possible that some cookies not controlled by Link Mobility Italia Srl may be stored. This happens, for example, if the user visits a page containing content from a third party website. As a result, you will receive cookies from these third-party services. Third-party cookies Link Mobility Italia Srl has no control over the information provided by the cookie and does not have access to such data. This information is totally controlled by third-party companies as described in the respective privacy policies.
The table below shows the third-party cookies on totalconnect.it. The latter fall under the direct and exclusive responsibility of the third party operator and are divided into the following macro-categories:
If the user does not wish to receive third-party cookies on his device, he can, through the links below, access the information and consent forms of these third parties and exclude the receipt.
These cookies are not controlled directly by the site, therefore, to revoke the consent it is necessary to refer to the websites of third parties.
1.1 Link Mobility Italia S.r.l. (hereafter Link Mobility Italia) offers through its Totalconnect software v. 2.0 multiple sending services of the following means of communication: SMS, Email, Fax, Mms. The subject of this contract is the provision to the Customer of these telecommunications services to the general conditions and terms set forth in this Contract. 1.2. The functions, detailed characteristics, performances and prices of each telecommunication service are documented in detail on the websites: http://www.totalconnect.it, http://www.totalc.it and http://www.totalc.eu and as such they form an integral part of the contract. 1.3 By means of the present general conditions, the contractual relationship between Link Mobility Italia and the private and corporate users, hereinafter called CLIENT, is regulated, relative to the service of use of the sending platform called http://www.totalconnect.eu/ based on software compatible with the latest versions of the major web browsers, hereafter referred to as SW, on a message forwarding gateway, hereinafter referred to as GTW, and on an Internet support and customer service website, hereinafter referred to as WEBSITE
2.1 Link Mobility Italia undertakes to provide the Customer with the Service and the Customer undertakes to accept the Service provided by Link Mobility Italia in compliance with the terms of this Contract. The CUSTOMER undertakes to pay the fee based on the current price list.
3.1 The request for the provision of the Service, which will be valid as a contract proposal, will be carried out by the customer in one of the following ways: – via the Internet at http://www.totalconnect.eu/ signing the contract with digital signature according to YOU 445/2000; – by sending to Link Mobility Italia the duly dated application form, filled in and signed in its entirety, by ordinary mail, at the address: Link Mobility Italia Customer Service, Via Principe Tommaso 55-10125 Turin – by fax to be sent to 011 19837000 3.2 Link Mobility Italia reserves the right not to accept the contract proposal in the following cases: a) if the Customer has previously rendered himself in default; b) if the Customer is protested or subject to executive procedures; c) if the Customer has requested admission or is subject to insolvency proceedings, including the receivership; d) if there are technical and organizational obstacles, which will in any case be specifically indicated by Link Mobility Italia in the declaration of refusal of the contract proposal. Except for the case referred to in point d), Link Mobility Italia will not be required to inform the Customer of its decision not to accept the proposed contract. 3.3 In all other cases, the contract for the provision of the Service is finalized when Link Mobility Italia will notify the CLIENT of the acceptance of the application form. The contract can also be perfected, even in the absence of ———– express acceptance, through the activation of the Service by Link Mobility Italia, at any time, within 30 (thirty) days from the present application for membership or otherwise, even afterwards, in the absence of revocation of the same application by the customer. The contract is concluded for any purpose indefinitely, without prejudice to the right of termination for the parties, to be communicated immediately by registered letter A.R. with at least 30 days notice. Any remaining credit available to the CUSTOMER, in the event that the same is in compliance with the payments, will be repaid within 30 (thirty) days from the date of cancellation. Customer Signature
4.1 The fee related to the Service subject of this contract will be paid by the Customer according to the price lists from time to time in force. 4.2 It is up to Link Mobility Italia to change the price list. Any changes to the rising price list will be communicated through the media, published on the website, or when the first invoice is sent, or by separate notice, by fax or by e-mail, at the address provided to the following art. 16. The effective date of the change must be at least 7 days later than that of the Link Mobility Italia communication. If the CUSTOMER does not consider to accept the changes communicated, it will have the right to withdraw from the report by registered letter that will have to be sent (the postmark will attest) at least 7 (seven) days before the effective date of the changes. Until the effective date of the changes, the CUSTOMER who has communicated the wish to withdraw is obliged to pay the consumptions made in compliance with the current price list. 4.3 Invoices, if the shipment by ordinary mail has not been expressly requested, at the time of subscription, will be sent by e-mail. 4.4 The payment of the fees takes place in advance or postponed for amounts and methods established by the CUSTOMER, on the basis of which a credit limit is assigned by Link Mobility Italia. In the event that the Customer uses the Service for a consideration greater than the established credit limit, Link Mobility Italia will have the right to proceed with the limitation and / or suspension of the Service until the payment of the related invoice and the consequent reinstatement of the credit. 4.5 The limitation and / or suspension of the Service pursuant to art. 5.4 is a mere faculty of Link Mobility Italia. Therefore the Customer can not make any claim if this right is not exercised. 4.6. The payment of the invoices issued by Link Mobility Italia must be made at the exact deadline and in the event of partial objection, it will still have to be paid for at least the remaining part. 4.7 In case of delayed payments, default interest will be charged to the Customer calculated in the measure of the average rate for personal loans and other loans to households made by banks in the previous quarter, pursuant to Law 108/96, increased within the limits maximum permitted in the aforementioned legislation. 4.8 Link Mobility Italia will report to the Customer any delays found in the payment of invoices. 4.9 Regardless of the provisions of art. 4.7 and 4.8 in the event of total or partial non-fulfillment of the Customer’s obligation to pay invoices, Link Mobility Italia may suspend the provision of the Service; after 15 days from suspension, if the customer has not paid his debt, the contract will be resolved pursuant to art. 1456 C.C ..
5.1 In the event that the Customer intends to raise complaints about billing, he can do so by sending written notice by registered mail addressed to Link Mobility Italia, Customer Service, Via Principe Tommaso 55-10125 Turin, or via email at: email@example.com 5.2 L sending the complaint does not suspend the obligation to pay the disputed invoice. 5.3 Link Mobility Italia will examine the complaint and send the results of the verification to the Client within 30 days from the date of receipt of the complaint. If any amounts are paid in excess by the Customer, they will be reimbursed by crediting the following invoice or, upon express request by the Customer, paid directly to the latter. 5.4 The Customer who considers the outcome of the complaint as unsatisfactory, may request the documentation relating to the verifications carried out by Link Mobility Italia and, if necessary, carry out the conciliation procedure referred to in point n. 13.
6.1 To access our GTW via the SW, you must have a connection to the Internet. The costs for the connection, of any kind (fees, telephone traffic, necessary hardware), are fully charged to the customer. Access to the GTW is permitted through a user code chosen by the latter during registration, and a keyword assigned and sent to the Customer by means of an SMS message or an email at the end of registration on our WEBSITE. The assigned password can be freely changed by the user in the control panel. The customer is required to keep the password with the utmost diligence, keeping the code and the password secret throughout the duration of the contract. The customer will therefore be solely responsible for any damage caused by the knowledge, or use, of the password or user code by third parties. The customer agrees to immediately notify Link Mobility Italia of any theft, loss, loss or appropriation of any password by third parties of the password or user name. By signing this Agreement, the user agrees to provide Link Mobility Italia, where required, with all necessary information. In the event that even one of the above information should be incorrect, false or misleading, or inserted for the purpose of using the Services abusive or contrary to this contract, Link Mobility Italia has the right to suspend or immediately terminate this Agreement with the consequent cessation of the provision of the Services and without the right to any reimbursement for the Customer. The Customer therefore expressly declares and under his responsibility that all the data indicated in the registration form have been filled out with care and they are correct. It is expressly forbidden to access the GTW, through programs or methods other than those officially released and managed directly by Link Mobility Italia. The attempt to violate the safety of our GTW and to perform hacking or reverse engineering interventions on the GTW, SW and WEBSITE, constitutes a civil and criminal offense that will be pursued by Link Mobility Italia in every appropriate location. 6.2 The customer expressly guarantees that the content of the SMS-EMAIL-FAX-WAP PUSH he has entered in the Link Mobility Italia system does not in any way infringe rights of third parties, does not contain anything in violation of the current legislation on public security and good debt, not it is used for “spamming” purposes in violation of third party rights established by the Legislative Decree n.196 / 2003. The Customer expressly declares that the sender number of the SMS messages (when this service is available depending on the type of messages purchased) indicated by him belongs to his availability and does not in any way violate third party rights. The personalization of the sender of SMS messages is currently envisaged in the case of a price list with a cost increase, but it can not be guaranteed (being a function under the sole control of mobile operators) for the future. Therefore Link Mobility Italia will continue to offer it only and until this will be made possible by the mobile operators, without any responsibility or implicit or explicit guarantee. Customer Signature ———– The right of Link Mobility Italia to automatically terminate the contract in accordance with the following article 7, is also in the power of Link Mobility Italia to suspend at its discretion the service whenever there is reasonable evidence of a violation of customer obligations.
7.1 The Customer acknowledges that the service, due to its intrinsic technological characteristics, is not to be used in cases in which the failure to receive a message within a certain time is likely to produce damage to the Customer or third parties. Link Mobility Italia does not guarantee the delivery of messages, and, in the event of non-delivery, is not responsible in any way towards the customer or third parties. Moreover, there is no responsibility of Link Mobility Italia in case of partial or total interruption of the service, also extended over time, in case of socio-political or natural events such as, by way of example, strikes, looting, demonstrations, earthquakes, floods, floods, acts of the public authority, failure to provide electricity or telephone supply, malfunctioning of the Internet, unavailability or clogging of services or of the mobile telephone operators or gateways used, which are causes of force majeure and therefore not imputable in no way to the responsibility of Link Mobility Italia. No reimbursement or compensation is therefore in those cases due to any title to the Customer. Finally, Link Mobility Italia is not responsible for the unavailability, congestion, or possible malfunctions of GSM networks, and even in those cases no refund or compensation will be due to any title to the Customer. 7.2 Link Mobility Italia will not be liable to the CUSTOMER, subjects directly or indirectly connected to the CUSTOMER itself and / or third parties for damages, losses or costs incurred as a result of suspension or interruption of the Service due to force majeure or accidental circumstances, unless directly attributable to fraud or fault of Link Mobility Italia. 7.3. Moreover, for the specific structure of the telematic services, in which many entities are involved, no guarantee can be given regarding the constant usability of the service. In this sense, the user agrees not to consider Link Mobility Italia responsible in case of losses or damages of any kind resulting from data loss, from the impossibility of access to services, from the impossibility of transmitting or receiving information, caused by, or resulting from, delays , canceled transmissions or service interruptions.
8.1. The CLIENT will promptly inform Link Mobility Italia about any dispute, claim or proceeding initiated by third parties relating to the Service, of which the CUSTOMER would become aware. The CLIENT will be responsible for direct and indirect damages that Link Mobility Italia should suffer as a result of such failure to promptly notify. 8.2 The CUSTOMER shall inform Link Mobility Italia within 10 (ten) days of any total or partial interruption of the local access service provided by another telecommunications operator. 8.3. The Customer is required to: a) use telephone equipment duly approved and compliant with the regulations in force; b) not to directly and / or through third parties not authorized by Link Mobility Italia interventions on how to perform the Service; c) not to use or make use of the Service from third parties to make communications that cause damage or disturbance to telecommunications operators or users and / or that violate the regulations in force. 8.4 The Customer is responsible for the use of their account even if such use is made without his consent. 8.5 L? user is responsible for the content of the information entered at? internal SMS messages (Short Message System). 8.6 You agree to relieve Link Mobility Italia of any liability in the event of complaints, lawsuits, governmental or administrative actions, losses or damages (including legal fees and fees) arising from the illegal use of services by the user. The civil and criminal liability of the information conveyed through the service offered by Link Mobility Italia remains charged to the? user. 8.7 L? user takes advantage of the services made available by Link Mobility Italia assuming all responsibility for his actions. It is absolutely forbidden the use by the? user of Link Mobility Italia’s telematic services for illicit purposes, requesting calls to specific or premium telephone numbers and for sending unsolicited advertising and / or to addresses or telephone numbers of users who have no relationship with the sender. 8.8 If the user fails to comply with the terms mentioned above, Link Mobility Italia will terminate the service without notice and without anything being due to Link Mobility Italia. 8.9 The user must pay the utmost attention so as not to use the services of Link Mobility Italia in an illegal manner, violating the laws of the Italian Republic and the laws in force in the locations in which the user and their customers reside.
9.1 Link Mobility Italia will keep strictly confidential all information obtained under this Contract, as well as data and communications transmitted with the Service and undertake not to disclose it to anyone (except for their employees and / or agents who need to know this information , data, communications), without the consent of the other party, except that: – they are in the public domain not as a result of violation of this obligation of confidentiality; – are in possession of those who receive them already before such disclosure took place. The ownership of the transmitted data remains exclusively the property of the CUSTOMER. 9.2 The customer acknowledges and accepts the existence of a history of the operation of http://www.totalconnect.eu/ which contains all the information relating to the messages sent, compiled and kept by Link Mobility Italia, for the sole purpose of fulfilling correctly to the commitments undertaken towards the customer. The content of the historical mailings has the character of absolute confidentiality and may be exhibited only and exclusively upon request of the competent Authorities. The customer acknowledges that Link Mobility Italia may use the technology commonly known as “cookies or sessions” to facilitate the use of the WEBSITE. 9.3 It is however established that the correct use and conservation of the Customer code and password, remain the sole responsibility of the Customer and that Link Mobility Italia will activate the telecommunication services behind simple indication of Customer Code and Password without Link Mobility Italia’s need for any further verification about the identity of the applicant. 9.4 In case of loss, compromise or subtraction of the Customer Code and Password, the Customer can request immediate revocation by calling the number: 800 199 367 or by sending an email to the address: firstname.lastname@example.org
This contract is considered completed after the user has registered for the service, expressly accepting all the clauses indicated here. Upon registration, as a whole, a number of messages or messages is assigned to prove the efficiency and characteristics of the service. Once this message credit has expired, the contract is automatically terminated, unless an additional credit for messages is purchased for consideration. In this second hypothesis, the contract remains in force, except for the methods of withdrawal and resolution determined later, for the duration of one year from the date of the last completed SMS purchase.
For the methods of purchase and payment, only those indicated on the website http://www.totalconnect.eu/ are valid
11.1 This contract will be automatically terminated, with consequent interruption of the Service, as well as in the case referred to in paragraph 4.9 above, in case of default by the Customer to the obligations imposed on him by art. 8.3a), 8.3b), 8.3c).
12.1 For disputes relating to this Contract, the conditions, criteria and procedures for the non-judicial settlement of the disputes established by the Authority for communications guarantees will be valid; in particular, an appeal can not be lodged in court until a compulsory conciliation attempt has been carried out to be completed within the application to the aforementioned Authority, pursuant to art. 1, paragraph 11, of Law 249/97. To this end, the terms for acting in court shall be suspended until the end of the conciliation procedure. This Agreement can not be transferred by the Customer to third parties, except with the prior written consent of Link Mobility Italia.
13.1 If the Contract has been stipulated outside the business premises, in accordance with the provisions of art. 5 of Legislative Decree 22 May 1999, n.185, the CUSTOMER may withdraw by informing Link Mobility Italia by registered letter A.R. within 10 (ten) days from the activation of the Service, sending, to the address indicated in the following art. 14 (“Communications”), specific communication by registered letter A.R. pursuant to art. 4 et seq. of the same decree, without prejudice to the right of Link Mobility Italia to charge, pursuant to art. 7, paragraph 2, of the same decree, the fees for the activation and use of the Service and the related taxes or duties. The communication can be sent, within the same term, also by telegram, telex and facsimile, provided it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. The registered letter can be replaced by a signed e-mail with a time stamp in accordance with the T.U. 445/2000.
14.1 Any communication relating to this Contract, including any reports of faults and objections to charges, will be sent to the following address: – Link Mobility Italia Customer Service Via Principe Tommaso 55-10125 Turin, Link Mobility Italia will make known, in the most appropriate form, any activation other methods of communication (eg free-call numbers, e-mail, etc.). Regarding the customer’s address, the one indicated in this contract will be valid. Any changes will take effect only after they have been communicated to the other party in writing with at least 10 days’ notice.
For all disputes that arise in relation to the interpretation, execution and validity of this contract will be the exclusive jurisdiction of the Court of Turin. The eventual nullity and / or invalidity of clauses or part of one or more clauses does not overwhelm the entire contract or the other clauses contained therein not affected by nullity and / or invalidity which must therefore be considered fully valid and effective.
16.1 For all matters not expressly provided for in this Contract, the applicable laws will be applicable.
The parties declare to specifically approve the clauses contained in this contract to the following articles:
2 (Bonds of the Parties), 3 (Conclusion of the contract), 4 (Consideration and payment conditions), 5 (Complaints on invoicing Reimbursement requests), 6 (Use of the Internet and access to services), 7 (Responsibility of Link Mobility Italia), 8 (Responsibility of Client), 9 (Confidentiality), 10 (Duration), 11 (Express termination clause), 12 (Conciliation procedure), 13 (Right of withdrawal), 14 (Information).
The contract must be signed on all pages, faxed to 011 19837000 or by email at email@example.com and sent in original.
Attached to this copy of the identity document and trade certificate in the case of a company.