Términos y condiciones - Ermes | Intelligent Web Protection

LEGAL DOCUMENTS
GENERAL TERMS AND CONDITIONS OF USE OF THE SITE AND SERVICES

Version 1.0 – January 2021

 

Dear Visitor/User,

In this document you will find all the general terms and conditions that govern the use of our Site and the provision of our Services (e.g. the Newsletter).

If you only browse the public pages of the Site, you are considered a “Visitor”; if you want to use our Services (see Section B), you are considered a “User”.

We strive to make all our Legal Documents easy to understand and consult.

That is why we have chosen to structure this document, titled “General Terms and Conditions”, with a summary, divided into sections with numbered lists: this may help you to quickly find the reference that interests you.

Each Section deals with a specific ‘topic’.

In addition, we have created (in order to be able to shorten the text in the most important contents) two further sections:

  • “Common Rules”, which contains clauses that equally apply to to all contents we provide to you;
  • “Glossary”, which explains the meaning of words written with a capital letter.

As regards the part relating to the processing of your personal data, we refer you to the Privacy Documents.

If you have any doubts or queries about Legal Documents, please contact us at info@ermes.company.

Summary

  1. USE OF THE SITE
  2. SERVICES
  3. COMMON RULES
  4. GLOSSARY

A) USE OF THE SITE

  1. This Section, also referred to as the Terms of Use, governs the provision of the pages of the Site to the Visitor.
  2. By using the Site, the Visitor declares to have read and accepted the present Terms of Use.
  3. Therefore, the Company recommends the Visitor to carefully read the Terms of Use, as they represent a binding contract between the Visitor and the Company with respect to the use of the Site.
  4. If the Visitor does not agree with any of these provisions, we recommend the Visitor to cease using the
  5. The Site is owned by Ermes Cyber Security S.r.l., hereinafter referred to as the “Company”, as per the Glossary that specifies its identification data.
  6. The Site has been created to ensure a presence for the Company on the web and to possibly provide the Services that are available at any time.
  7. The Company reserves the right to no longer make available, in whole and/or in part, the Site itself, and/or modify, delete and replace the Services available.
  8. The visitor acknowledges and accepts:
    • that the Contents of the Site are for information purposes only;
    • that the Company will process the Visitor’s Data in accordance with the provisions of the Privacy Documents;
    • that the Company will provide the Site in accordance with the requirements of any scheduled or extraordinary maintenance work that cannot be postponed;
    • that the costs of connecting to the Internet network, and any costs relating to the Connection Modalities, shall be borne by you.
  9. The Company is entitled to:
    • modify, update, suspend, limit or interrupt the operation of the Site at any time, or change and/or replace its domain name;
    • to analyse traffic on the Site (e.g. to detect the most visited pages, the number of visitors per time slot or per day, geographical origin, average connection time, browsers used, origin of the visitor – from search engines or other sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;
    • solving operational problems (e.g. anomalies in page loading);
    • perform monitoring activities to repel and/or prevent cyber attacks and fraud.
  10. WARRANTY EXCLUSIONS AND NO ASSISTANCE
    • The Site is provided “AS IS” and “AS AVAILABLE”, hence the Company makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and adequacy for a particular purpose), and may be temporarily inaccessible or otherwise contain defects or late response time.
    • In particular, the Company makes no warranties about:
      1. the adequacy of the Site with respect to the needs of the Visitor and/or the User;
      2. the availability of, and the absence of errors on the Site;
      3. the quality of the Site;
      4. the correction of any technical errors on the Site.
    • The Company shall make every reasonable effort to ensure that the user has continuous and uninterrupted access to the Site and the Services, but shall not, under any circumstances, be held liable if one or more of the Services or Contents made available to the Visitor and/or the User (even free of charge) is temporarily or permanently inaccessible.
    • The Company shall not be liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the Visitor and/or the User and/or Third Parties on the basis of (and/or as a result of) the Contents of the Site.
    • The Company does not guarantee the provision of technical assistance in relation to the Site.

B) SERVICES

  1. NEWSLETTER
    • The service referred to as Newsletter consists of sending news, data, information and in-depth information regarding, but not limited to:
      1. information and news about the Company’s Services and/or the Company (including Marketing);
      2. general information material on cybersecurity issues and events;
      3. articles/whitepapers/research on cybersecurity produced by the Company and/or third parties.
    • The Service is free of charge. In any event, the User is aware and accepts that if he/she does not subscribe to the Newsletter, he/she will not be able to download non-public Content: the preparation of Content entails costs for the Company, which are compensated by the provision of the User’s Personal Data (who thus becomes a Lead).
    • By subscribing to the Newsletter by means of the form available on the Site, the User declares that he/she has the legal capacity, according to his/her national law, to act in order to accept these General Terms and Conditions. This acceptance is made by point-and-click mode.
    • The User may at any time decide to stop receiving the Newsletter by following the instructions contained in each e-mail.
  2. REQUEST DEMO
    • The service called Request Demo consists of the provision of a personalised demo of the Products by the Company to the User who requests it in the manner described below.
    • The Service is free of charge. In any event, the User is aware and accepts that if he or she does not subscribe to the Newsletter, he or she will not be able to obtain the custom Demo, since preparing it entails costs for the Company, which are compensated by the provision of the User’s Personal Data (who thus becomes a Lead).
    • To request a Demo, you need to access the Site and fill in the request form.
    • In order to provide the User with a custom Demo based on the User’s possible needs, the form requires the provision of certain details about the organisation interested in the Products (e.g. number of employees).
    • By submitting the application form, the User declares that he/she has the legal capacity, according to his/her national law, to act in order to accept these General Terms and Conditions. This acceptance is made by point-and-click mode.

C) COMMON RULES

  1. OBLIGATIONS OF THE VISITOR/USER
    • The Visitor/User undertakes:
  1. not to use the Site and/or the Services in an improper manner. Prohibitions include, but are not limited to, using the Site in ways or for purposes that are not permitted by law or contrary to common decency, spreading computer viruses, carrying out activities that may compromise the security of the Site and/or Services or damage it, accessing the Site by  using automated tools (such as collection bots, robots, spiders or scrapers);
  2. to provide their true data;
  3. not to violate:
  • the General Terms and Conditions;
  • the Applicable Laws and the Privacy Laws of Italy and/or of the country in which it is located and/or of the country in which it resides, or in any case applicable to the activities it carries out;
  • the rights of the Company and/or Third Parties.
    1. POWERS OF THE COMPANY
      • The Company may, at its sole discretion and without any obligation to pay compensation:
        1. cancel the User’s subscription to one or more Services (e.g. the Newsletter);
        2. deny the User any further subscription to the Services and/or access to the Site;
        3. take any action against the Visitor and/or the User for its own protection, including actions for damages.
  1. LIMITATION OF LIABILITY
    • In the event that the Company modifies, updates, suspends, limits or interrupts the operation of the Site and/or the Services, no liability shall arise with respect to the Visitor and/or the User.
  2. INDEMNIFICATION
    • The Visitor/User shall be liable, and shall indemnify and hold harmless the Company, for any action, including reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages relating to breaches of the obligations referred to in article 1 of this Section.
  3. INTELLECTUAL PROPERTY
    • Unless otherwise indicated on the Site with specific reference to certain items on the Site, the Company is the exclusive owner of all Intellectual Property Rights over the Site and the Contents on the Site.
    • The provision of the Site by the Company shall not be considered as a transfer or license by the Company in favour of the Visitor/User of any Intellectual Property Right on the Site or on the Contents that are present on the Site, or as the object of any other different right of use by the Visitor/User and/or Third Parties.
    • All trademarks and logos reproduced on the Site belong to their legitimate owners. The Company has no rights whatsoever in these trademarks and logos, except for its own.
  4. MISCELLANEOUS
    • The Company reserves the right to modify any Legal Document present on the Website at any time (including, but not limited to, the General Terms and Conditions, the Privacy Policy, the Cookie Policy, etc.), as well as the Site itself and the hosted Services and/or Contents , in order to offer new Products or Services, or to comply with new legal or regulatory provisions. Therefore, the Company recommends Visitors and Users to periodically check the aforementioned Legal Documents and the Site, also in order to check for any updates or changes.
    • The General Terms and Conditions regulate the relationship between the Company and the Visitor/User and do not create rights in favour of, or obligations against, Third Parties.
    • Any tolerance by the Company of the conduct of the Visitor/User in violation of the provisions contained in the General Terms and Conditions does not constitute a waiver of the rights arising from the violated provisions, nor of the right to demand the exact fulfilment of all the terms and conditions contained therein.
    • The Company does not provide Content and/or Services to individuals who do not have the legal capacity to accept these General Terms and Conditions as established by their national legislation. If the User is under the age at which legal capacity to act is established, he/she may only access the Services with the involvement of a parent or legal guardian.
    • The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under the Applicable L
    • If any provision of the General Terms and Conditions is judged by a court or other competent authority to be invalid or unenforceable, such provision shall be deemed to be deleted from the General Terms and Conditions and the remaining provisions of the General Terms and Conditions shall remain and continue to remain in full force and effect.
    • Any limitation or exclusion of liability provided for in favour of the Company in the General Terms and Conditions shall apply to the maximum extent permitted by law.
    • In the event of a conflict between the provisions contained in these Common Rules and those indicated in the other Sections, the latter shall prevail unless expressly stated otherwise.
    • The provisions contained in the Common Rules apply to all Legal Documents available on the Site, unless a particular Legal Document expressly excludes the application of these Rules.
  5. APPLICABLE LAW AND COMPETENT COURT
    • The General Terms and Conditions are governed by Italian law, and the application of international private law is expressly excluded.
    • Any dispute concerning the interpretation, execution, termination or validity of the General Terms and Conditions shall be submitted to the exclusive jurisdiction of the Court of Turin.
    • Should the provisions of this Article be inapplicable on the basis of the mandatory rules of the country of the Visitor/User, then the applicable law and the competent Court shall be determined in accordance with the laws of that country.

D) GLOSSARY

  • Capitalised terms and expressions in this text shall have the meanings set out below, it being understood that terms defined in the plural are also defined in the singular and vice versa.
  • Applicable Law: any provision, of whatever rank, belonging to Italian law or to that of the European Union, in any way or to the extent applicable to the Site and the Services.
  • Company: Ermes Cyber Security S.r.l., with registered office in Corso Bernardino Telesio 29, 10146 Turin, Italy, VAT No. 11716270019, registered in the Turin Register of Companies, REA TO-1171620019.
  • Connection Modes: the interfaces (web, software or other) operating on certain configurations of certain operating systems through which the Visitor can use the Site by connecting remotely through the Internet.
  • Content: includes, but is not limited to, any finite stream of data or information (file or software package), containing textual, photographic, video, audio, scripts, graphics, programming code, writings (including the way in which the same are presented and formatted), and functionalities present on the Site, both in the public part and in areas subject to subscription (e.g. Newsletters).
  • Cookie Policy: the information on the use of cookies within the Site.
  • Data: the information relating to the Visitor/User necessary to use the Service, as well as all the information transmitted by the device with which the Visitor navigates on ermes.company and the operations carried out (also temporarily stored on the Site).
  • Demo: a customised demonstration version of the Company’s Products.
  • General Terms and Conditions (also abbreviated to “TCG“): this document, forming part of the Legal Documents, governing the use of the Site and the provision of Services (e.g. Newsletter).
  • Intellectual Property Rights: patents, utility models, designs, copyrights, trademarks or service marks, rights in the topography of semiconductor products, database rights, rights contained in confidential information, including know-how and trade and industrial secrets, moral rights or other similar rights in any country and, whether or not registered, any applications for registration of any of the foregoing rights and all rights relating to the filing of applications for any of the foregoing rights that are owned by, licensed to or otherwise lawfully used by the Company.
  • Lead: the natural or legal person potentially interested in evaluating the purchase of the Company’s Products or in any case interested in the Contents, as well as its legal representatives, directors, officers, workers (employees and/or collaborators) and any agents.
  • Legal Documents: jointly (i) these General Terms and Conditions; (ii) the Privacy Documents.
  • Marketing: severally or jointly, the purposes of sending advertising material, commercial communications, direct sales, carrying out market research, and administering satisfaction questionnaires.
  • Newsletter: the free Service consisting in the automatic transmission of periodical communications to the e-mail address of the User, as indicated by the latter on the registration form, containing information on the Company, its Products and Services, also of a Marketing nature. The Service is provided by the Company at the request of the Visitor as regulated in details by Section B of the TCG.
  • Operator: the provider of information society services, other than those referred to in Articles 14, 15 and 16 of Italian Legislative Decree No 70/2003, who, on the Internet, manages the contents of a site, specifically the Company.
  • Party:depending on the context, the Visitor/User, the Company, either or both.
  • Privacy Documents: jointly (i) the Privacy Policy; (ii) the Cookie Policy.
  • Privacy Law: the EU Regulation 2016/679 (“GDPR”), Italian Legislative Decree 196/2003 and subsequent amendments and/or supplements (“Italian Privacy Code”), as well as the measures adopted by the Supervisory Authority in execution of the tasks established by the GDPR and the Italian Privacy Code and further applicable legislation, of whatever rank, including the opinions and guidelines drawn up by the Committee.
  • Privacy Policy: the information on the processing of personal data for the management of the Site.
  • Products: cybersecurity software solutions developed and sold by the Company.
  • Request Demo: the free Service consisting in the provision of a Demo by the Company to the Visitor/User who requests it.
  • Section: one of the following sections into which these TGCs are divided: “A) Use of the Site”; “B) Services”; “C) Common Rules”; “D) Glossary”.
  • Service: means any of the Services available on the Site at the date of access to the Site by the Visitor/User.
  • Site: the web pages displayed through the domain https://www.ermes.company/, including subdomains.
  • Terms of Use: Section A of the TCG.
  • Third party: any entity other than the Manager, the Visitor and/or the User.
  • User: a visitor who makes use of the Company’s Products or Services through the Site.
  • Visitor: the natural or legal person who uses a device and navigates, via the Internet network, on the public pages of the Site.