LEGAL NOTES
GENERAL CONDITIONS OF USE
Access to the Websites of Benelli Armi S.p.A. (hereinafter “Benelli Armi”) and use of the Services and Content offered through them are governed by these General Conditions of Use (hereinafter “General Conditions”).
Benelli Armi reserves the right to modify, add to or delete parts of these General Conditions and to notify the User only through the publication of the changed version on its Websites. The User is therefore required to consult this page on a regular basis in order to ascertain whether changes have been made since his last visit to the Websites of Benelli Armi. All access to and consultation of the Websites of Benelli Armi, and all use of the Services offered through them implies acceptance of these General Conditions and of all changes made to them.
1. Definitions
a) Benelli Armi is the operator of the Websites, registered domains and sub-domains of all its owned brands and companies. Benelli Armi is also the owner of the said Websites and domains and of the Services and Content offered through them, and the owner and operator of all the infrastructures, digital and non-digital, used to support them.
b) The Websites are the websites and portals of Benelli Armi and/or its brands, and include all domains and sub-domains registered to Benelli Armi and used to offer and deliver Services and Content to the User.
c) Services are all activities and operations that the User can perform involving the Content of the Websites.
d) Content includes, by way of example but not limitation, all texts, documents, audio-video materials, information, graphics, photographs, images, illustrations, drawings, logos, works and all other forms of original and reproduced material published on the Websites or transmitted through them, and further includes the software, functioning logic, menus, web pages, layouts, graphics and colours of the Websites.
e) The User is any person using the Websites or the Services offered through them.
2. General rules
Access to and consultation of the Websites by the User, and/or the User’s use of even one of the Services offered through them constitutes implicit acceptance of these General Conditions by the User. If the User does not wish to accept these General Conditions, he should kindly refrain from accessing the Websites of Benelli Armi and from using the Content and Services offered through them.
By accessing the Websites and the Content and Services offered through them, the User furthermore undertakes to refrain from using them for illegal or illicit activities and to refrain from all uses that might partly or wholly interrupt, damage or compromise the efficiency and good functioning the Websites. The User recognises and accepts that he accesses the Websites and uses their Services at his own sole discretion and under his own total and exclusive responsibility. Benelli Armi cannot be held responsible for the actions of the User within its Websites or in the use of Services, and furthermore declines all responsibility for damage to the computer systems and other equipment belonging to the User and/or third parties, or to data stored on those systems, unless it can be proven that such damage was caused as the result of the malicious intent or serious negligence of Benelli Armi.
3. Guarantees and Responsibilities
Benelli Armi offers no guarantees that its Websites, Services and Content will be not be subject to interruptions, nor that errors in the Content and Services offered through the Websites will be corrected rapidly. Benelli Armi likewise offers no guarantees that the Websites, Services and Content will satisfy the needs or expectations of the User.
Images and photographs shown on the Websites have a purely illustrative function. Benelli Armi adopts measures to ensure that photographs on the Websites faithfully illustrate the product they depict, and adopts all reasonable technical solutions to minimise inaccuracy. Despite these measures and solutions, inaccuracies can still be introduced by the technical characteristics, resolution and display settings of the User's computer systems. Benelli Armi cannot be held responsible for any inaccuracy and/or inadequacy in graphic representations of products on the Websites resulting from such technical characteristics.
4. Minors
Use of the Websites and of all Services requiring registration and/or the submission of personal data and information is reserved exclusively for Users over the age of 18. Users under the age of 18 are strictly forbidden from registering in the Websites and from using the Services offered through them, unless they have previously obtained the permission of a parent or legal guardian. By accessing and using even one of the Services that requires registration or the submission of personal data and information through the Websites, the User guarantees that he is over 18 years of age and that he has the legal capacity to exercise the necessary rights and to assume the necessary obligations.
5. Trademarks, domain names and intellectual property
Benelli Armi is the sole owner of all present and future registered logos and trade marks (including, by way of example but not limitation, those of Benelli Armi and Franchi), and the sole owner of all distinguishing marks, including all associated wording and registered domain names. Benelli Armi reserves the right to make exclusive use of its logos, trade marks and distinguishing marks.
The User recognises that all Content and material on the Websites is protected by copyright, trademark and patent law and/or by other intellectual property legislation. The User therefore agrees not to copy, modify, reproduce or use Content in any way without the specific, express and written permission of Benelli Armi, even in the presence of other contractual agreements or negotiations between the parties.
6. Cookies and links
The Websites of Benelli Armi make use of cookies, including those of third parties. Refer to the Privacy Policy for all further information on the use of cookies on the Websites.
The Websites of Benelli Armi may contain links to other third party websites. Such third party websites are in no way managed or controlled by Benelli Armi, and Benelli Armi cannot be held responsible for their content or policies. These General Conditions apply exclusively to the Websites of Benelli Armi and do not apply to any other website that the User may visit by clicking on a link in the Websites of Benelli Armi.
7. Content submitted by the User
The User agrees not to submit any content that might be illegal or abusive, that might infringe the rights of others, or that violates or might violate privacy rights, intellectual or industrial property rights or other rights of third parties. The User further agrees not to submit any content that might be pornographic and/or sexually explicit, libellous, defamatory, threatening, damaging, vulgar, obscene, inappropriate or offensive, in conformity to applicable legislation and to the requirements established on this page. Benelli Armi assists the public authorities whenever the latter request details or information in order to trace authors of illicit material.
By contributing images or photographs, the User grants Benelli Armi permission to use the same for the purposes of and according to the terms of these General Conditions. In particular, the User grants Benelli Armi all rights over the use, in part or in whole, of all images submitted, and agrees that Benelli Armi may, in accordance with those rights, use the whole or parts of the said images by mounting, cutting and modifying them with no limitations except for the obligation to refrain from using the said images in ways that might prejudice the dignity, reputation or personal good name of the User and his immediate family. The User grants Benelli Armi the right to reproduce the said images and to publish, diffuse, communicate, show and display them in public, in any place and by any means (including the internet, projection at public events, publication in magazines, etc.), and recognises Benelli Armi as the sole and exclusive owner of all submitted images and videos, and of all present and future rights to use and exploit them in any form and by any means. In accordance with the above, from the moment he submits an image, the User renounces all rights over it, irrespective of whether the image contains his likeness or not. The User further recognises and accepts that submitted material will not be returned and will remain the property of Benelli Armi.
Services offered through the Websites that permit the User to submit and upload Content are destined exclusively for personal use and not for commercial, business or professional uses unless expressly stated to the contrary.
The User declares that all submitted Content is authentic, free from copyright, his to dispose of, and not restricted by any third party rights of use.
If Content submitted by the User contains data belonging to third parties, the User guarantees Benelli Armi that he has acquired all necessary permissions and authorisations from the third parties in question. In particular, the User undertakes not to violate the privacy of third parties (for example by revealing names, surnames, telephone numbers, etc.).
8. Privacy and protection of personal data
Refer to the Privacy Policy for all information on how Benelli Armi holds and uses personal data belonging to Users.
9. Separation of clauses
If any clause of these General Conditions proves to be illegal, invalid or ineffective for any reason whatsoever, the legality, validity and effectiveness of all other clauses shall not be affected.
10. Applicable law
These General Conditions are governed by and shall be interpreted according to Italian law unless the law of the User’s country of normal residence takes precedence. Any controversy arising from or consequent to these General Conditions shall therefore be adjudicated exclusively by Italian courts.
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PRIVACY POLICY
Welcome to the Websites of Benelli Armi S.p.A. (hereinafter Benelli Armi).
This Privacy Policy applies to the websites www.benelli.it and www.franchi.com and to all mini-sites associated with the products and promotions of Benelli Armi, including, by way of example but not limitation, www.benellivinci.it and www.benelliargoendurance.it.
Please read this page thoroughly. It explains how Benelli Armi’s Websites are managed with reference to the User’s personal data. This policy applies to all cases in which the User accesses and navigates through the pages of Benelli Armi’s Websites, whether he uses Services requiring registration or not.
This policy applies exclusively to the Websites of Benelli Armi, and does not apply to any other websites accessible via links published in the pages of the Websites.
By visiting the Websites of Benelli Armi, The User accepts the terms and conditions established herein. If the User does not accept this Privacy Policy, he should kindly refrain from accessing the Websites of Benelli Armi and from using the Content and Services offered through them.
Benelli Armi reserves the right to modify, add to or delete parts of this Privacy Policy and to notify the User only through the publication of the changed version on its Websites. The User is therefore required to consult this page on a regular basis in order to ascertain whether changes have been made since their last visit to the Websites of Benelli Armi. All use of the services offered through the Websites implies acceptance of this Privacy Policy and of all changes made to it.
Notice to Users visiting the Websites of Benelli Armi
Type of data and purpose of collection
During the normal use of Benelli Armi’s Websites, the computer systems and software procedures associated with their functioning acquire certain data the transmission of which is implicit in the use of Internet communication protocols. While such data is not collected for the purpose of identifying individuals, its nature is such that it could be processed and associated with data held by third parties in order to identify the User. This type of data includes, by way of example, the IP addresses and domain names of the computers used by the User to connect to the Websites, the URI (Uniform Resource Identifier) addresses of requested resources, the time of requests, the method used to submit requests to the server, the size of files received in response, numeric codes indicating the status of the server response (completed, error, etc.) and other parameters related to the User’s operating system and network. Benelli Armi uses such data for the sole purpose of obtaining anonymous statistics on usage of the Websites, and to verify the correct functioning of the Websites. Such data could, however, be used to ascertain responsibility in the event of presumed attacks on the Websites and/or on Benelli Armi. If no such circumstances arise, data on web contacts is only kept for the time necessary to fulfil the purposes for which it is collected and processed.
Methods of use
Data collected through the Websites of Benelli Armi is processed using automatic systems only for the time strictly necessary to fulfil the purposes for which it was collected. Specific and appropriate security measures are observed to prevent the loss of data, illicit or inappropriate uses thereof and unauthorised access to it.
Necessity of acquisition of navigation data
The acquisition by Benelli Armi of navigation data in an anonymous form is necessary to allow the User to access and consult the Content of the Websites.
Cookies
Cookies are small data files that certain websites store on the User’s computer when the User visits those websites. Cookies are used to store and transmit information. Cookies are sent by the web server (the computer that runs the website being visited) to the User’s web browser (Internet Explorer, Mozilla Firefox, Google Chrome, etc.) and are saved on the User’s computer by the browser. The corresponding cookie is re-transmitted to the website when it is next accessed.
The Websites of Benelli Armi make use of session cookies or temporary cookies. These are transmitted to the User’s computer by the Websites of Benelli Armi when the User accesses those Websites, but are saved on the computer only for the duration of the navigation session and are not saved in a permanent form. They are deleted as soon as the User closes the browser. Use of these cookies is strictly limited to the transmission of session data in the form of random numbers generated by the server to make exploration of the Website more secure and more efficient.
The session cookies used by the Websites of Benelli Armi are anonymous: they do not permit identification of the User and cannot be associated with other data (e.g. personal data submitted by the User through the compilation of web forms). The data obtained from session cookies serves exclusively to monitor and analyse website usage, and to compile statistics using anonymously collected and aggregate data. The cookies used by the Websites of Benelli Armi do not use digital techniques that could potentially compromise the confidentiality of the User’s navigation habits, and do not permit the acquisition of personal data that could identify the User. Benelli Armi does not use cookies to transmit personal information or user tracing systems on it Websites. The User may, at any time, configure his browser to accept all cookies, accept just some cookies, or reject all cookies so that websites cannot use them. The User may also configure his browser preferences so that his browser will inform him every time a website wishes to save a cookie on his computer. Rejection of cookies does not compromise the correct functioning of the Websites of Benelli Armi. The User may also configure his browser to delete all cookies from his hard disk at the end of every navigation session.
Services used by the Websites of Benelli Armi
Statistics – Benelli Armi Websites use Google Analytics, a web analysis service provided by Google, Inc. (hereinafter "Google"). The Google Analytics service uses cookies to collect internet traffic data. These cookies are saved on the User’s computer only to allow the Websites to analyse how the User consults them. The information on the User’s website usage generated by these cookies (including the User’s IP address) are transmitted to and stored in the computer systems of Google.
Google uses this information for the purpose of monitoring and analysing how Users connect to and use the Websites of Benelli Armi, and in order to compile anonymous reports and statistics on the activities and usage of the Websites. The Websites of Benelli Armi include specific functions to anonymise IP addresses, and navigation data is never combined with other data (e.g. personal data submitted by the User during registration). Furthermore, the User may, at any time refuse to accept the cookies generated by Google Analytics and disable their use by the websites he visits by installing a browser plugin for deactivating Google Analytics, available from Google at the address http://tools.google.com/dlpage/gaoptout?hl=it.
Social Widgets and Command Buttons - Social widgets and command buttons are special buttons, often in the form of graphic icons (e.g. the icons of social networks such as Facebook, YouTube, Twitter, etc,). Social Widgets and Command Buttons allow the User navigating the Websites of Benelli Armi to perform an action or execute a command of a social network (e.g. clicking the “Like” button) in just one click. By clicking on a social widget, the User can share the content of the Website he is visiting in his own social network profile, and can permit the publication and viewing of content from a social network (like photos of friends) in the pages of the Websites of Benelli Armi. Benelli Armi does not use social widgets or command buttons to diffuse navigation data or other data belonging to Users.
Divulgence and diffusion of navigation data
Navigation data may be divulged to data processing companies for the purposes of obtaining and managing data processing services such as third party hosting services connected with the operation of the Websites of Benelli Armi. Navigation data may be held and used within Benelli Armi by persons expressly designated as Data Processing Officers and/or as Data Manager according to their respective privileges. Benelli Armi may divulge personal data to public authorities and to the police if expressly requested to do so, under the circumstances established by law. Data generated by third party cookies used by the Websites of Benelli Armi is divulged only to Google Inc. within the limits established on this page.
Navigation data is not diffused in any other way.
Data Holder and Data Manager
The Websites of Benelli Armi are managed and operated by Benelli Armi S.p.A., with registered offices at 50, Via Della Stazione, 61029 Urbino (PU), Italy. Benelli Armi S.p.A. is therefore the Holder of the personal data collected from the User in his consultation and use of the Websites. The Data Manager is Mr. Lorenzo Caldari, whose offices for the purpose are located at the premises of the Data Holder.
To exercise the rights granted him by Article 7 of Legislative Decree 196/03, and for all further information, the User may write to the e-mail address privacy@benelli.it.
Notice to Users using Services offered through the Websites
Access and use of the Services delivered interactively through the Websites of Benelli Armi (for example subscription to the newsletter, Contacts, Careers, etc.), may, from time to time, require the compilation of web forms in which the User must enter certain items of information classified as personal data by Legislative Decree 196/03, the Italian legislation governing the protection of personal data (hereinafter “Data Privacy Law”).
As Data Holder, Benelli Armi provides the following information on how personal data is held and used, and furthermore informs the User of his rights in accordance with Article 13 of the Data Privacy Law.
Type of data collected
Depending on the type of Service involved, the User may be requested to provide personal and identifying data such as name, surname, e-mail address, etc. in order to access the Services and Content offered by Benelli Armi through its Websites. As a requirement for accessing its Services, Benelli Armi never asks for sensitive data (such as race or ethnicity, religious, philosophical or political beliefs, health or sexual preferences, etc.) or judicial data (such as criminal records, ongoing court actions or investigations, etc.).
The User is free to provide personal data in either of two main ways:
· By e-mail or telephone: The voluntary making of telephone calls to phone numbers, and the voluntary transmission of e-mails to the addresses published on the Websites leads to Benelli Armi acquiring the sender’s return e-mail address, as well as any other personal data contained in the message itself or in attachments to it, or given verbally in the case of telephone communications. In particular, the e-mail inboxes associated with addresses published in the Websites, and all other Benelli Armi e-mail inboxes, are not personal, even if the e-mail address contains the name and/or surname of a physical person. All e-mail inboxes belong to the corporate organisation of Benelli Armi and serve exclusively for the purposes of the company’s business activities. Therefore, in order to guarantee maximum efficiency in communications and in the delivery of services, messages sent to the inboxes of Benelli Armi may be seen not only by the person associated with the inbox but also by other persons belonging to the organisation of Benelli Armi. By sending messages to the e-mail addresses published in the Websites of Benelli Armi, the User implicitly declares that he has read and accepts the General Conditions governing the use of his personal data as described in this data privacy notice.
· By compiling web forms: The User’s voluntary registration for Services, initiatives, etc. through the compilation of web forms leads to Benelli Armi acquiring all the data voluntarily submitted by the User, and subsequently using it in conformity to the conditions established in this notice.
Purpose of use
Personal data submitted by the User is used exclusively for the purposes of the specific Service requested and enjoyed by the User. If Benelli Armi intends to use personal data for any purpose other than that for which it was collected, Benelli Armi shall so inform the Data Owner and shall ask for his express and specific permission to proceed with the intended use or uses. All personal data submitted to the Websites of Benelli Armi may be used for the purpose of economic surveys, statistics and market research. Such activities, however, only use data in an anonymised and aggregate form, and processed data cannot be associated with the identity of specific individuals.
The following is a list of the Services offered through the Websites of Benelli Armi and of the specific purposes for which personal data is used by each Service:
· Subscription to the newsletter: Data submitted by the User is used exclusively for the purpose of newsletter distribution.
· Registration for specific, temporary or extraordinary initiatives (e.g. registration for club membership, registration for promotions, etc.): Data submitted by the User is used exclusively for the purpose of registering the User for the Service requested.
· Job applications made by submitting a CV: Data submitted by the User is used exclusively for the purpose of selecting and recruiting professional profiles for employment in the organisation of Benelli Armi.
· Specific requests for information or contact (e.g. requests for sales or technical information, requests for contact, requests regarding product availability, requests for after-sales service, etc.): Data submitted by the User is used exclusively for the purpose of responding to the request.
· Requests for commercial information or advertising material: Data submitted by the User is used exclusively for the purpose of sending commercial information or advertising material by conventional mail, e-mail, telefax, SMS, etc.. None of the Services offered through the Websites of Benelli Armi oblige the User to accept specific purpose of use for any submitted data. Furthermore, at any time, the User may modify his choices by clicking on the dedicated link published in all newsletters and promotional messages, or by sending an e-mail request to the address privacy@benelli.it. Benelli Armi informs the User that Italian Data Privacy Law (Article 130, comma 4, or Legislative Decree 196/2003) permits the Data Holder to use an e-mail address provided by the User during the negotiation of a previous sale of products or services for commercial purposes without having to obtain the User’s explicit permission, provided the new products and services offered are similar to those previously delivered to the User, and provided the User has been duly informed and has not refused the Data Holder permission to do so either initially or after subsequent communications.
Permission to use personal data
In all cases requiring the User to grant permission, Benelli Armi asks for and obtains the User’s express, freely given and unconditional permission beforehand. Benelli Armi nevertheless informs the User that for certain specific purposes, Data Privacy Law (Article 24, Legislative Decree 196/03) allows the Data Holder to use personal data without having to obtain the prior permission of the Data Owner. This may occur, for example, if data has to be used for the purpose of complying with a legal obligation or for fulfilling contractual obligations towards the Data Owner.
Methods of use
Personal data is processed using paper documents, magnetic media, and digital and telematic systems. Personal data is stored in databases to which personnel expressly designated by the Data Holder as Data Processing Officers or the Data Manager have access according to their respective privileges. Data Processing Officers and the Data Manager may consult, use, process, compare and perform other operations, manual or automated, on personal data only if expressly authorised to do so.
Voluntary nature of data submission
The submission of personal data through the compilation of web forms is entirely optional. The User is therefore free to submit or withhold requested data. Nevertheless, especially in cases in which personal data is necessary to fulfil a request, failure to submit the necessary personal data, or the submission of incorrect data makes it impossible for Benelli Armi to fulfil the request in question.
Divulgence and diffusion of personal data
In addition to cases involving compliance with legal obligations, personal data may be divulged to:
· controlling, controlled and associated companies of Benelli Armi;
· companies supplying Benelli Armi with specific services, including companies processing data in order to deliver and manage ICT services, and companies providing consulting services to Benelli Armi;
· third party companies offering products or services similar to those of Benelli Armi and with whom Benelli Armi has a relationship of partnership or collaboration.
In any case, among other security measures, provided the necessary prerequisites are satisfied, Benelli Armi designates service suppliers having access to personal data as a natural consequence of their activities as external Data Managers.
Under such circumstances, personal data is not normally diffused.
Rights of the Data Owner
In connection with the personal data referred to above, the Data Owner may, at any time, exercise the rights granted him under Article 7 of the Data Privacy Law (including the rights to access personal data, request confirmation of its existence, add to it, update it, correct it, delete it, and oppose its use for any legitimate reason), within the limit and under the conditions established by Articles 8, 9 and 10 of the said Data Privacy Law. To exercise these rights, the Data Owner should write to the Data Processing Manager or Data Holder or send an e-mail to privacy@benelli.it.
Data Holder and Data Manager
The Websites of Benelli Armi are managed and operated by Benelli Armi S.p.A., with registered offices at 50, Via Della Stazione, 61029 Urbino (PU), Italy. Benelli Armi S.p.A. is therefore the Holder of all personal data collected from the User in his consultation and use of the Websites. The Data Manager is Mr. Lorenzo Caldari, whose offices for the purpose are located in the premises of the Data Holder.