TERMS AND CONDITION OF USE
Dear User,
Canali is pleased to welcome You to this digital Portal (“Portal”), realized to provide access to a set of Canali brand assets and information.
These assets including, but not limited to, Canali’s name, logos, signs, trademarks, Canali ADV images, photographs, videos, Canali communication guidelines, press releases, press coverage, Canali’s catalogues, collection presentation, collection highlights, lookbook, product and fabric catalogue, prices, range prices, any other Canali image, textual content, description, etc. - hereinafter defined as “Canali Digital Assets”.
Please read these terms and conditions of Use (“T&C”) carefully before accessing the Portal, because they contain important information about Your rights and obligations while using the Portal.
1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE AND ANNEXES BELOW
By clicking the flag “I accept the Terms and Condition of Use of the Portal ant its Annexes” You accept these T&C and its Annexes below, whether on behalf of Yourself or of the legal entity You work for and/or represent. Users may be referred to in these T&C as “You” and “Your” as applicable.
We remind You that the Portal is operated by:
CANALI S.P.A. UNIPERSONALE
20845 – SOVICO (MB) - ITALY
Via Lombardia 17/19
Economic and Administrative Index (R.E.A.) No. 432308
Taxpayer Identification Code, and registration with the Monza e Brianza Company Register No. 00807810155
VAT Code IT00694880964.
We inform You that some specific services of the Portal can also be managed directly by other company of the CANALI Group (hereinafter, together CANALI S.P.A. and the other CANALI Companies, “CANALI” or “Us”).
2. CANALI DIGITAL ASSETS
All rights, titles and interests in the Portal and Canali Digital Assets are protected by intellectual and industrial property laws, including but not limited to copyright, patent and trademarks laws, other laws and International treaty provisions on intellectual property rights.
CANALI shall elect at its discretion whether or not to make Canali Digital Assets available via the Portal, shall also be entitled to subsequently withdraw Canali Digital Assets from the Portal at any time and inform You to suspend the usage of any Canali Digital Asset previously available in the Portal. Upon CANALI’s request, the usage of Canali Digital Assets must be suspended; otherwise You will be considered in breach of these T&C.
The Use of Canali Digital Assets in an unauthorized manner shall be considered a breach of these T&C.
3. ACCESS
Please note that You can only access to the Portal by using Your personal username and password (the “Credentials”). Credentials must be kept confidential and shall not be disclosed to unauthorized third parties.
Any misuse of Credentials can be considered a breach of these T&C. Access to the Portal and downloading activities are automatically stored in the system and may be used in case of violations.
We may close the Portal, terminate, or modify Your account at our sole discretion, at any time and without prior notice, should we determine that You are violating these T&C or should security or maintenance purposes occur or should we deem it necessary or appropriate.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
Canali Digital Assets are property of CANALI or are validly licensed to CANALI.
CANALI retains all intellectual property rights, title, and interest in and to all trademarks, trade names, logos, product names included in the Portal.
The login to the Portal does not grant You any right on CANALI Trademarks, unless CANALI grants You a specific authorization in writing.
5. USE
It is strictly forbidden to advertise, copy, distribute, reproduce or modify, even partially, the Canali Digital Assets, unless authorized in writing by CANALI, through the Digital Portal or via email.
In case CANALI expressly authorizes You to use Canali Digital Assets for communication and promotional purposes, You shall use them according to CANALI ADV POLICY below, which forms integral part of these T&C and that You expressly accept by using the Portal.
All rights not expressly granted to You are reserved and retained by CANALI.
In any case, Your use of the Portal shall respect CANALI’s and third parties’ rights.
Any use of Canali Digital Assets in breach of the usage rights and/or of third parties’ rights and/or of the applicable laws and regulations shall amount to a breach of these T&C.
6. GUARANTEES AND RESPONSIBILITIES
You acknowledge and accept that the use of the Portal is under Your exclusive risk, and You assume the full and exclusive responsibility of such use.
CANALI adopts any necessary measure to reduce, as reasonably possible, any risk for the Portal to contain any viruses or flaws. However, CANALI does not guarantee that, when accessing or using the Portal, Your computer device, hardware, or software, and the data generated or stored may not suffer any damages, will not be lost or will not be in any other way negatively affected.
In the maximum measure allowed under the law and, except in case of willful misconduct or gross negligence, CANALI declines any responsibility for any damage, including direct and indirect, accidentally caused by and deriving from the Use of the Portal and/or of Canali Digital Assets.
7. BREACH OF THESE T&C
In the event of a breach of any of the provision of these T&C, CANALI will inform You and You shall immediately cease and remedy the breach.
In any case, CANALI shall be entitled to immediately suspend Your access to the Portal and to ask for the recovery of the damages.
8. PRICES
Prices and/or price ranges listed in the Portal are purely for information are merely indicative. Under no circumstances, prices and/or price ranges listed in the Portal are binding for the parties.
9. DATA PROTECTION
We inform You that CANALI recognizes the importance of the protection of personal data and considers the protection thereof to be one of the main objectives of its business; therefore Your data will be processed by CANALI S.p.A. in full compliance with Regulation EU 679/2016– the General Data Protection Regulation (“GDPR”), in accordance with the CANALI PRIVACY NOTICE below, which forms integral part of these T&C and that You expressly accept by using the Portal.
10. GENERAL PROVISION
These T&C are subject to the laws of Italy. The Court of Monza (Italy) shall have exclusive jurisdiction over any dispute arising out of the improper and/or illegal use of the Portal and/or from the violation of these T&C.
CANALI reserves the right to change these T&C at any time and without prior written notice. We invite You to check the T&C at every access; should You not agree with them, You must discontinue using the Portal. Your use of the Portal after the change of T&C means that You have accepted and that You agree with such changes.
Date: August 2021
ANNEXES:
CANALI ADV POLICY
CANALI PRIVACY NOTICE
CANALI ADV POLICY
Dear User,
Canali S.p.A. (hereinafter “Canali”) is delighted by the interest You have expressed in using Canali Digital Assets for Your activities and promotion.
Please be aware that Canali Digital Assets are protected inter alia under the current Intellectual Property and Copyright laws and regulations.
In our mutual best interest, with the current guidelines we would like to clarify the terms and conditions for a correct use of Canali Digital Assets (hereinafter “ADV Policy”).
- Pre-authorization. All artwork, layout, graphic and textual materials and contents where Canali Digital Assets are to be used, shall be sent to Canali - Communication and Marketing Office for review and prior written approval, before being printed, published, sent to press and/or more in general used. This could happen through the Digital Portal or via email;
- Correct Use. Once approved and authorized in writing, the use of Canali Digital Assets shall be in compliance with the current ADV Policy and with all the instructions, directions and limitations provided by Canali from time to time.
- Proof of Play. For activities related to consumer communication (including but not limited to social media, in store, magazines or hoardings) You shall provide Canali with the related proof of usage within one month from each use of Canali Digital Assets.
- Time Limit. Please be aware that, with regard to Canali ADV images, Canali’s rights of use and economic exploitation have a specific time limit, which will be communicated to You together with the authorization to the use of Canali ADV Materials. Any use of Canali ADV images beyond the time limit is not authorized and is strictly forbidden.
- No References to Sales or Promotions. It is forbidden to use Canali Digital Assets in connection with, nor with reference to, sales and/or promotions, except in case of prior written consent from Canali.
- No Risk of Confusion. Canali Digital Assets shall never be used in a manner that could create confusion with images, photographs, textual contents, descriptions, names, logos, signs, trademarks, and/or with visual images of any garment or accessory belonging to an entity different from Canali.
- Canali Trademarks. You and/or Your subsidiaries and affiliates shall not apply to register any trademark, nor part of any trademark, belonging to any Canali Company, and shall not apply to register nor use any sign (i.e. trademark, brand, corporate/business name, etc.) which is identical, incorporated and/ or confusingly similar to any trademark, or part of any trademark, belonging to any Canali Company.
- Compliance. The use of Canali Digital Assets shall be compliant to any current law and regulation, including, but not limited to, Intellectual Property and Copyright Laws and Regulations, Self-Regulatory Code on Commercial Communications, Digital Chart Rules and principles expressed by Antitrust Authority on Commercial Communications. In any case, any unauthorized, incorrect, illicit, offensive, vexatious, defamatory, threatening, vulgar, obscene and/or infringing use is strictly forbidden.
- Social Media. The use of Canali Digital Assets in Your official social media profiles is subject to the current ADV Policy. Please be aware that it is strictly forbidden to create any social media profile using the Canali’s name to reference itself.
- About Canali. .If You talk or write about Canali, make it clear that, even though You have a commercial relationship with Canali, You are not part of Canali staff, nor You are a Canali official spokesperson. Make it clear that You are solely manifesting Yours’ and/or Your Company’s opinion and point of view.
- Indemnification. It is understood that You are the sole responsible of Your actions and of any use of Canali Digital Assets, even if pre-authorized by Canali. You shall protect, defend, indemnify and hold Canali harmless from and against any and all eventual claims by any third party and/or authority, and from and against any and all costs, expenses (including attorney’s fees and court costs), losses, liabilities, damages, claims arising in any way out of Your use of Canali Digital Assets. The provision of this clause shall survive the eventual expiration or termination of the commercial relationship between You and Canali.
- Removal, Destruction and Right of Action. At any time Canali may request and/or upon expiration or termination for any cause of the commercial relationship between You and Canali, You shall immediately remove and destroy all Canali Digital Assets. In any case, Canali reserves the right to take any action that appears appropriate to defend its rights, reputation and legitimate interest.
CANALI PRIVACY POLICY
| PRIVACY NOTICE | Canali S.p.A. Unipersonale (hereinafter, “CANALI”) recognizes the importance of personal data and makes every reasonable effort to guarantee its protection. CANALI hereby informs its Clients, Suppliers and Consultants (B2B), in accordance with section 13 of EU 2016/679 General Data Protection Regulation (“GDPR”) and with national applicable law, about the processing of their data that will be made by CANALI |
| SUBJECTS |
Data Controller: CANALI S.P.A. Unipersonale, with registered office in Sovico (MB), via Lombardia 17/19 – Kind Attn. DPO/Privacy Committee.
With regard to the specific above mentioned data processing, the internal subject You could refer to is the Chief Financial Officer as Privacy Manager
Data Protection Officer (DPO): dpo@canali.it |
| PERSONAL DATA PROCESSED | Personal data (name, surname, contact information: for ex. email address, job phone number) of CANALI’s Clients/ Suppliers/ Consultants, if physical person, or of CANALI’s Clients’/ Suppliers’/ Consultants’ employees/ staff, if legal entity |
| PURPOSE | Management of commercial/ professional relationship and related administrative-accounting and legal activities |
| LEGAL BASIS | Performance of contractual or pre-contractual measures; Compliance to legal duties (section 6 lett. b) e c) GDPR) |
| DATA RETENTION | Time strictly necessary to enable CANALI to respect data retention period provided by law (for ex. 10 years for administrative-accounting activities); in case there is no specific legal provision on data retention period for these personal data: time strictly necessary to perform the Purpose |
| RECIPIENTS |
Personal data processed could be communicated to the following categories of subjects: - CANALI staff, expressly authorized to process data; - CANALI companies, authorized as Data Controller; - external companies which support CANALI in performing the Purpose, authorized as Data Controller or which perform other purposes as independent Data Processor (for ex accountant, auditors, statutory auditors, etc.); - competent public authorities |
| NATURE OF THE PROVISION | The provision of Personal Data is voluntary but necessary to begin, manage and perform the commercial/ professional relationship with CANALI. The refusal to provide Data can determine the impossibility to begin and/or perform the commercial/ professional relationship. |
| DATA TRANSFER OUTSIDE EU | Personal data can be transferred, in or outside the European Union, to external companies / CANALI companies to perform the Purpose, within the terms and conditions provided by applicable law and, in particular, by sections 44 and sub. GDPR |
| DATA SUBJECTS’ RIGHTS |
According to applicable law, data subjects are entitled to:
|