Privacy

WellSMS – PRIVACY POLICY
Abstract from Law Decree n. 196 on 30 June 2003 and subsequent modifications, Protection of the person and other subjects within the personal data treatment.

PERSONAL DATA TREATMENT – LAW N. 196 ON 30 JUNE 2003 AND SUBSEQUENT MODIFICATIONS
a. WELLNET S.r.l., 13 Cadorna Square, 20123 Milan, Italy, holder of the data treatment, is committed to collect and keep commercial and personal data regarding the clients of WELLNET, in order to accomplish the tax duties and everything that is necessary to the activation, the management and/or maintenance of the services provided by WELLNET.
Clients’ records will be entered in an archive in which their personal data will be kept.
The assignment of the requested personal data is compulsory in order to allow the fulfilment of the law duties deriving from the enactment of the requested services. In case of rejection to provide the identifying personal and tax data, WELLNET will be unable to supply the services. The registered data will be communicated to WELLNET administrative offices to fulfil the duties to keep the accounts, to activate, manage and/or maintain the services delivered.

ABSTRACT FROM LAW N. 196 ON 30 JUNE 2003 AND SUBSEQUENT MODIFICATIONS PART 1 – GENERAL TERMS / TITLE II – RIGHTS OF THE PERSON CONCERNED
Art. 7. Right of personal data access and other rights
1. The person concerned has the right to obtain the confirmation whether or not the personal data concerning him/her exist and their communication in an understandable form.

2. The person concerned has the right to obtain information:
a) about the provenance of the personal data;
b) about the purpose and modalities of the treatment;
c) about the logic applied in case of treatment executed using electronic instruments;
d) about the identifying details of the holder, the person responsible and the representative appointed according to article n. 5, paragraph 2;
e) about the subjects or the categories of subjects to whom the personal data could be disclosed or who could gain knowledge of the personal data in one’s capacity as appointed representative, person responsible or appointee in the State territory.

3. The person concerned has the right to obtain:
a) the adjournment, rectification or, when needed, the data integration;
b) the cancellation, the change in anonymous form or the restriction of the data treated in violation of law, including those that do not require the preservation in connection with the aims for they have been collected or subsequently treated;
c) the attestation that the operations mentioned in letters a) and b) have been brought to awareness, also for what concerns their content, for those whom the data had been communicated or disclosed, except the case that this fulfilment reveals to be impossible or requires the usage of means that are demonstrably disproportionate compared to the safeguarded right.

4. The person concerned has the right to oppose, as a whole or in part:
a) for rightful reasons, the treatment of the personal data that concern him, notwithstanding relevant to the aim of the collection;
b) the treatment of the personal data regarding him/her to the purpose of sending advertising material or direct merchandising or market research or commercial communication.

TERMS REGARDING USERS AS WELL AS RECIPIENTS OF THE COMMUNICATIONS VIA SMS/MMS.
The client user of the SMS/MMS services supplied by WELLNET is in duty bound to require explicit consent to the recipients/users of its own SMS messages, as per the Abstract from Law Decree N. 196 on 30 June 2003, Art. 130.
Undesirable Communications.

ABSTRACT FROM LAW N. 196, ON 30 JUNE 2003 AND SUBSEQUENT MODIFICATIONS - ART. 130. UNDESIRABLE COMMUNICATIONS
1. The use of computerised call systems without the intervention of an operator for the delivery of advertising material or direct merchandising or for the fulfilment of market research or commercial communication is allowed with the agreement of the person concerned.
2. The array mentioned in paragraph 1 is to be applied also to electronic communications, made for the purposes therein shown, through e-mail, telefax, Mms (Multimedia Messaging Service) o Sms (Short Message Service) or other types of messages.
3. Out of the cases mentioned in paragraph 1 and 2, further communications for the purposes noted in the same paragraphs and accomplished by different means from those therein shown, are allowed according to art. 23 – 24.
4. With the exception of what is due in paragraph 1, if the holder of the treatment uses, to the purpose of direct sale of his/her own product or services, the e-mail address details given by the person concerned in the context of the purchase of a product or service, he may not require the consent of the person concerned, provided that these services/products are analogous to those that are the object of the purchase and that the person concerned, adequately informed, does not oppose such use, initially or in the case of subsequent communications. The person concerned, at the moment of the collection and in the case of the dispatch of any communication made for the purposes mentioned in the present paragraph, is informed about the possibility to oppose at any time the treatment of his/her data, in an easy way and free of charge.
5. It is forbidden in any case sending communications for the purposes mentioned in paragraph 1 or, however, for any promotional purpose, made by disguising or hiding the sender’s identity or without providing an appropriate address to which the person concerned may exercise the rights noted in paragraph 7.
6. In the case of reiterated violation of the duties noted in the present article the Guarantor may, acting according to the art. 143, paragraph 1, letter b), order the providers of the electronic communication services to adopt filtering procedures or other feasible practices in relation to the e-mail addresses from which the communications have been sent.

NOTES ABOUT SMS/MMS SERVICES PROVIDED BY WELLNET
WELLNET states beforehand and declares the following:
The telephone numbers regarding the shipments made by the clients of WELLNET (telephone numbers of the recipients/users) will be kept on its own database to the aim of managing possible problems regarding technical assistance, potential abuses and for statistical purposes.
All the records regarding the telephone numbers of the recipients/users and all the data concerning the shipments made by its own clients, will not be disclosed to any third party.
It will be not sent any commercial or promotional communication or any other type of advertisement to all the numbers of the recipients/users.