CALMA Management s.r.l. based in via Ivo Cremaschi 7, Carpi (MO), Italy (hereafter "CALMA ") is committed to protecting privacy of its users. This document was drafted pursuant to art. 13 of EU Regulation 2016/679 (hereafter: "Regulation") in order to make you aware of our privacy policy, to understand how your personal information is handled when you use our site (hereafter "Site") and, if necessary, to consent to the processing of your personal data.
According to the rules of the Regulation, the processing carried out by the data controller will be based on the principles of lawfulness, fairness, transparency, purpose limitation and retention, data minimization, accuracy, integrity and confidentiality.
1. What types of personal data we process
a. Data provided during
registration and data necessary for payment
CALMA will process the
personal data necessary to register correctly on the site to allow you access to our platform
and the use of related services. These data are provided directly by the interested party and
may include personal data and contact details, including, but not limited to, the name, surname,
date of birth, e-mail address and contact numbers.
CALMA will also process the data
necessary for the payment of services by the registered user, including any billing and
financial information.
If you authorize us or through the use of cookies we may store
authentication or payment methods, which you can cancel at any time and will be used only for
the purposes of execution of the contract.
b. Navigation data
The information systems acquire, during
the use of the platform and for its normal use, data that by their nature do not have an
identifying function; such data could however possess an identifying function when processed or
associated with data held by third parties.
For example, the IP addresses, the Uniform
Resource Identifier (URI) of requested resources, such as the time of requests, the
characteristics of the device used, the size of the exchanged files or other types of
information could fall into this category.
This is anonymous or aggregated data that
ordinarily does not allow your identifiability and are used to identify anomalies and problems.
The data could be stored to protect our rights. Save for this last hypothesis, your data will
not be stored for more than seven days.
c. Contact data for newsletter and marketing
With your
consent, CALMA will use your personal contact details to send you newsletter and marketing
communications from our partners or share your data with them.
You can revoke consent at any
time.
d. Cookies
We store cookies to provide you a better service,
requiring your consent when necessary.
Please consult our cookie policy for more
information.
2. Purposes, legal basis and further details
In the table below, you will find the purposes for each processing activity carried by us as data
controllers, the related legal basis requested by the Regulation and a brief explanation.
Finalità | Base legale | Spiegazione |
a) Registration, authentication and usage of the platform | Performance of the contract | |
b) Payment elaboration | Performance of the contract | |
c) Memorisation of your credentials | Consent | We may ask you to save your data to speed up the purchasing process. Without consent we will not save anything. |
d) Communication to our business partners and third parties |
Consent | With your authorisation, we could communicate data to business partners to provide you with customized offers. |
e) Newsletter | Consent | By entering your e-mail in the newsletter section, you will allow us to send you news and information on the topics of your interest |
f) Direct marketing communications | Legitimate interest | We will send you marketing e-mails solely related to our products or services,
in case you have previously purchased something from us. This allows us to make
new products or services more easily accessible and to keep you updated. Our
e-mails will not be frequent or invasive and you have the opportunity at any
time to deactivate their reception. |
g) Maintenance and improvement of the service and of your experience, management planning and market researches | Legitimate interest | We use anonymous and aggregated data as much as possible for any form of service improvement, market research or management planning; we could also need your personal data, but they will be available only to us and by adopting all appropriate legal and technical measures. |
h) Detect or prevent fraudulent activities | Legal obligation and Legitimate interest | We may need to process your personal information in the event of malicious activities on our site. |
3. What happens if you do not provide us with your personal
data?
The provision of your personal data for the purposes a)
and b) of paragraph 2 is necessary to allow you to register on the platform and for the
conclusion of the contract. Therefore, without them we will not be able to provide you with our
services.
The Consent for the purposes c), d) and e) is optional and does not involve any
negative consequences for your user experience. We remind you however that consenting to these
purposes allows us to grow and provide better and less expensive services.
4. Who are the recipients of your personal data?
On the ground of our
legitimate interest and as better specified in point 2 of this notice, we communicate your
personal data to other companies belonging to our group for a better organizational efficiency,
adopting all the necessary technical and legal precautions.
Furthermore, we communicate the
data to our suppliers for the need to provide the service on the ground of a company legitimate
interest, as indicated in Article 2.
Our service providers could include: delivery services,
IT companies, legal advisors, payment processing companies, marketing companies, business
partners, chat services. If the service providers process personal data on behalf of the
Data Controller, they will be appointed as data controllers according to art. 28 GDPR
5. Transfer to third countries
Some of your personal data
could be shared with subjects outside the European Economic Area; we ensure that this is done in
compliance with Regulation 679/2016, adopting precautions allowing for transfer only to
countries subject to an adequacy decision, or legitimated by standard contractual clauses
approved by the European Commission, by Consent or by another appropriate legal basis.
6. Storage of your data
Personal data will be stored
solely for needs related to each of the purposes referred to in paragraph 2 and in compliance
with the principle of data minimisation.
We may require your data to defend our rights or
yours, and to comply with the obligations to maintain the accounting records.
Therefore we
keep this data for as long as necessary and in any case no more than 10 years.
We also keep
your personal data whenever required by law or by an order of public authorities. We keep your
personal data for marketing purposes for two years from the last commercial contact. You have
the right to revoke the Consent at any time by making a request to the Data Controller.
Further information about the data retention period and the criteria used to determine such periods can be obtained by writing to: info@CALMA .com
7. Your privacy rights
You have the right to access data
concerning you at any time according to articles 15-22 of the Regulation. In particular, you can
ask for access (Article 15 of the Regulation), the correction (Article 16 of the Regulation),
the cancellation (Article 17 of the Regulation), the limitation of the processing of the data in
the cases described by art. 18 of the Regulation, the portability of your data as described by
art. 20 of the Regulation, as well as proposing a complaint to the competent supervisory
authority. You also have the right to revoke your consent at any time. Revocation of Consent is
without prejudice for all previous processing activities based on valid Consent.
You
can make a request for opposition to the processing of your data pursuant to art. 21 of the
Regulation providing evidence of the reasons justifying the opposition: CALMA reserves the
right to evaluate your request, which would not be accepted if there are legitimate reasons to
proceed to the treatment that prevail over your interests, rights and freedom.
8. How to exercise your rights or request information
For
all information and needs, as well as for the exercise of the rights referred to, we are at your
disposal at the e-mail address privacy@calma.management
9. Modifications
This privacy policy is effective from
29-05-2020. CALMA reserves the right to modify or update its content, even partially, also
due to changes in the applicable legislation. CALMA will inform you of such changes and
the same will be binding as soon as published on the Site. CALMA invites you to regularly
visit this section to check possible updates.
1. SCOPE AND DEFINITIONS
This document provides the terms and condition for the proper usage of the website, the live performances and every other product and or service accessory to such services and hosted on this domain.
- “Intellectual property” refers to patents, copyrights, trademarks, domain and business names, database rights, confidential information, trade secret and every other similar right, both registered and unregistered, irrespective to its local or global protection.
- “Service” refers to all the services contained in the online platform, website and app, including access to live performances and other accessory services, marketplaces, bonus, promotions, downloadable content subject to further specification, as long as they are hosted and controlled by the platform.
- “User” refers to users of the website, platform, accessory content according to the definition of “Service”, irrespective of their registration and account creation in the online platform.
2. SUBJECT MATTER
By accepting these terms and conditions or by continuing browsing, you declare that you have read
and accepted this contract and agree to be bound by all the terms and conditions herein
specified.
This contract governs the usage by the Users of the Service.
3. PAYMENT
All payments will have to be made by using one of the payment methods indicated and in the manner
described in the contract or in the payment webpage.
Personal data pertaining to payment may
be processed by third-parties providing the payment service (such as Paypal, banks or other
similar services).
4. REGISTRATION AND OBLIGATIONS
By accepting these terms and conditions or by continuing browsing, you declare:
• to be at least 18 years old
• to provide your real personal details
• to not have been
suspended from using the Service
• to use the Service as herein described, especially by
respecting the copyright of the events and thus undertaking not to record, reproduce, modify or
violate in any other way any of the work and live made available to you.
5. USER OBLIGATIONS
Users are forbidden from:
• using any technological method to circumvent any of the
obligations herein described, including recording, reproducing, modifying, copying in any way or
re-use the work, lives and content provided or any Intellectual Property Right present in the
Service
• reverse engineer, decompile, disassembly, modify the system on which the service is
based
• circumvent any technological protection in order to access confidential
information
• using any robot, spider, search application, crawler, device, automatic process
or mean to access, retrieve, scrape or index, partially or totally, any content present in the
Service
• leasing, licensing, sublicensing, making otherwise available their accounts or any
content legitimately acquired without express authorization from the Service
• committing
libel, insulting, harassing, threatening o violating in any other way third-party rights,
including fellow Users, artists, partners, press and any other subject participating in the
Service
• making available content which may be deemed illegal, obscene, illegitimate,
defamatory or unappropriated
• using a third-party account without express authorization
from the Service
• interfering in any way with the provision of the Service in order to
disrupt the participation of fellow Users or to damage the Service
• using the Service in any
way that contravenes the principle of good faith
Discount coupons, gift coupons and voucher are not refundable and not transferable.
6. THIRD-PARTY CONTENT
Providers of the Service shall not be liable for wrongful usage of tools provided to the Users, including chat or other interactive tools, including making available to third party any form of protected material. The Users herein accepts to take full responsibility for any content he may be providing using those channels.
Any protection measure provided from the Service are provided “as is” and do not offer a full warranty against all forms of fraudulent attempt to use the Service.
Users remain in any case liable towards the Service for any erroneous and fraudulent use of the Service.
7. LIMITATION OF LIABILITY
Users herein agree to exempt providers of the Service from liability regarding the quality, safety and reliability of the services offered, subject to the limits of the law.
The Service is guaranteed "as is" and the exact, permanent and continuous functionality is not
guaranteed. Examples include technical difficulties, force majeure, unforeseeable circumstances,
third party liability, network problems.
8. TERMINATION
Either party may proceed terminate this agreement in the event of violation of the obligations referred to in points 3, 4, 5 and 6, as well as any other contractual breach deemed relevant. Providers of the Service reserve the right to suspend or permanently exclude access to any part of the Service in the case of violations referred to in this point.
9. CANCELLATION AND EXCEPTIONS
The Users may exercise their statutory right to cancel within 14 days from the conclusion of the
agreement, in the case of subscription to online services, or within 14 days from the receipt of
products, in the case of purchase of merchandising or other physical products.
To carry
out the cancellation, the Users must send an email to info@calma.management, attaching proof of
contract and, where necessary, proof of shipment and pictures of the products. The Service will
refund the amount paid through the same payment method, or through a different one when required
by the Uses, once the goods have been received and their condition verified, in the case of
physical products.
The right of withdrawal is excluded once the provision of the Service has started, for example by starting the reproduction of live, shows and multimedia material. This provision also applies to downloads of digital content.
The withdrawal is also excluded in the case of personalized or packaged goods, if the product has been opened and / or used.
The right of withdrawal covers the costs of the original shipping fees, where the User has selected the standard shipping method. However, it does not cover the costs of shipments other than standard ones, such as express and urgent deliveries, nor the costs borne by the Users for the return of the goods.
10. APPLICABLE LAW, JURISDICTION AND LITIGATION
This
contract is subject to Italian law and to the Court of Milan, except for conflicting legal
provisions.
If required by law or by the competent judicial authority on this contract, clauses contrary to the law will be replaced without invalidation of the agreement in its entirety.
The clauses which by their nature or express indication remain effective even upon termination of the agreement will remain valid even after provision of the Service has ended.
11. COMPLAINTS AND CONTACTS
Any complaint and contacts may be made by writing to the following e-mail address: info@calma.management.
Service is provided from CALMA Management s.r.l.s., R.O. Via Ivo Cremaschi 7, Carpi (MO), Italy.
12. PRIVACY
This agreement forms, together with the privacy policy as accepted online and/or signed during the registration phase, the whole of the contract entered into with the User. For any information relating to the use of User data, see the Privacy Policy.
The User also declares to have read and expressly accepted clauses 5, 6, 7, 9 and 10.