cAPPture general terms and conditions of service

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cAPPture

GENERAL TERMS AND CONDITIONS OF SERVICE

General Terms and Conditions of Service
1. People, with registered offices in Via Alessandro Volta 16, 20121 Milan, entered in the Milan Companies’ Registry at REA No. 1643391, VAT No. 13443050151 ( “People”), is a firm that designs, develops and conducts social market research, sampling surveys and opinion polls, and is the owner of the software application cAPPture (henceforth “cAPPture”).
2. cAPPture is used for conducting market research.
3. You must agree to the terms and conditions of the contract and regulations herewith prior to being able to use the cAPPture service.
Description of the cAPPture research actions and services
1. cAPPture can be used by any user and without any age limit. If cAPPture services are to be used by a minor, People will always be vigilant that, before activating the service, the necessary permissions have been received from those with parental authority.
2. The cAPPture services consist of the possibility to:
  1. participate in individual or group interviews either synchronous or asynchronous mode (depending on the project)
  2. share opinions and personal attitudes about the topics dealt with (depending on the project)
  3. post your contributions in written, audio or video format
  4. post photos and videos about yourself and your family/relatives/friends/acquaintances (with reference to the photo or video contributions containing still or moving images of minors, see point 16 below)
  5. post contents by third party authors in the public domain as web links, audio and video files, screenshots from smartphones
  6. comment on the contributions of other participants and of the moderators
  7. receive comments from other users (participants and moderators) about your contributions shared on the platform
  8. view and comment on verbal, visual and audio-visual information about communications, products and sensitive information owned by Third Parties and protected by confidentiality rules
3. Specifically, cAPPture allows for three different ways of interaction: diary, forum/blog and synchronous group.
How to access and security of credentials
1. On accessing the app cAPPture for the first time, you will be asked to enter the username and password sent to you by email or other appropriate means.
2. If the cAPPture user is a minor, People will only send the access credentials after having received confirmation that the persons with parental authority over the minor have given their consent. In this respect, an email or other form of communication will be sent to those with parental authority which contains a link to a page on the People website where they can authorise the use of cAPPture by the minor. Only once People has received such acceptance and authorisation will the codes and credentials for accessing and using cAPPture be sent.
3. After having entered the correct username and password, you will be asked to give yourself a nickname to use within cAPPture which will be seen by other users. When choosing a nickname, avoid words, signs or any element that could in some way suggest your identity and your personal information, such as your first or family name, etc.
4. After having completed the first procedure for entering the application cAPPture, you will be prompted to click on the “I accept” link. In doing so, you agree that you have carefully read and accepted all the conditions, terms and ways of using cAPPture and of being aware of all its features and the purposes and rules for its use.
5. The username and password provided to you are personal and must not be used by any other person for accessing and using cAPPture. You therefore agree to store your username and password properly and not allow third parties to use them for accessing the cAPPture service.
6. You are the sole person responsible for storing, keeping confidential and using your username and password and therefore remain the sole person responsible for all uses, correct and/or incorrect, that may be made of them.
7. If your access credentials (username and/or password) are stolen or lost and/or disclosed without authorisation and/or your account or password or the contents and information in cAPPture are used by third parties without authorisation, you undertake to immediately notify People – at the address in Via Alessandro Volta 16, 20121 Milano or by email at info@peopleresearch.it enclosing a copy of a valid identity document – as soon as you become aware of the fact. Following such notification, People will disable the registration.
8. The failure to notify and disable the registration will imply your direct and exclusive liability for all uses and/or misuse of your username and password.
9. You may ask at any time for your registration/participation to be cancelled together with your data by sending a communication to People at the address in Via Alessandro Volta 16, 20121 Milano or by email at info@peopleresearch.it. The registration will be cancelled and your username and password deleted.
How to use the cAPPture services and moderation activities
1. Through cAPPture, users can actively participate by expressing their ideas and opinions.
2. In order to make the cAPPture service more in line with the needs of our clients, they will be given the opportunity to view the content and other activities and services done on cAPPture. Regarding this, they can only act as viewers, without their access being visible and/or signalled to the participants and, consequently, they will never be allowed to post any content and/or comment or to influence the unrestricted progress of the discussion.
3. For reasons of respect and peaceful coexistence, you should know that all content posted by members may be fully or partly moderated before posting online or afterwards.
4. Moderating will be done by one or more Administrators and Moderators selected at People’s own and unquestionable discretion.
5. Moderators are appointed and dismissed exclusively by the Administrators.
6. By accepting these “General Terms and Conditions of Service”, you explicitly accept that the Administrator and Moderators of the services operate unconditionally and at their own discretion.
7. Administrators and Moderators work to ensure the regularity of the service and to assure that it is done in compliance with the rules of conduct and mutual respect among users.
8. To this end, they will do their utmost to remove controversial material as quickly as possible, trusting in the collaboration of the users.
9. If they consider it appropriate, moderators have the right to modify the classification of contents if the notifications from users are considered incorrect or to give a more precise connotation of the content within the cAPPture platform.
10. In detail, the elements that may be moderated are:
  1. PERSONAL INFORMATION: Nickname – Personal descriptions
  2. COMMENTS: Title – Content
  3. PHOTOS: Title – Content
  4. VIDEOS: Title – Content
11. Administrators and Moderators have the right to:
  1. approve/not approve individual comments, messages, voice messages, photos or videos submitted by users
  2. delete individual comments, messages, voice messages, photos or videos
  3. suspend, block or delete a user
  4. modify the conditions or functioning of the services
12. Only content that is in line with the services and topics covered within cAPPture can be posted. Content that is not in line with the guidelines set out in these regulations will be rejected.
13. If the Administrator or Moderators find comments to articles or contributions that could degenerate (even by just one content), they are given full right to intervene in the ways considered most appropriate, including the Administrator immediately deleting the profile and credentials of the user.
14. The actions of the Moderators can only be judged by the Administrator. Each user may request People to account for the actions of Moderators and/or the Administrator by a communication to the address in Via Alessandro Volta 16, 20121 Milano or by email at info@peopleresearch.it enclosing a copy of a valid identity document. It is prohibited to use the public space within cAPPture for making any complaints or remarks about the actions of the Moderators and Administrator. Any complaint, remark and dispute against the above persons posted on cAPPture will be immediately removed. Whoever persists in such attitude will be immediately removed from the services at the Administrator’s sole discretion.
15. It is possible that certain messages, photos or videos not in compliance with these “General Terms and Conditions of Service” are not removed because the Administrators or Moderators have not immediately seen them or are unable to remove them in that moment, or even for a specific choice by them. You are nonetheless urged to immediately report these messages, photos or videos to the Administration at the address in Via Alessandro Volta 16, 20121 Milano or by email at info@peopleresearch.it enclosing a copy of a valid identity document.
16. The fact that messages, photos or videos not in compliance with these “General Terms and Conditions of Service” are not immediately removed by the Moderators or Administrators does not entitle any user to challenge any subsequent decision by the Administration to proceed with their deletion.
17. You are also informed that if the service commissioned from us has specific requirements (such as specific ways of dialogue, certain behaviours to be followed, etc.), the Moderators and Administrators will have the right to indicate at the outset of each activity certain rules of conduct, netiquette or fulfilments that participating users will be required to follow, hereby accepting them.
Ownership of cAPPture contributions
1. By accepting these “General Terms and Conditions of Service”, the user agrees that contributions shared on the cAPPture platform become the property of People and may therefore be used for research and publication purposes. People guarantees the anonymity of the author of each contribution.
2. If, when using the cAPPture service, the user sends, uploads or uses copyrighted material owned by third parties, the user will remain solely liable for any infringement of such copyright.
Expenses and participation arrangements
1. You are aware that all costs for the equipment and software programs necessary for activating and establishing the link to the “cAPPture by People” domain and all the costs for the internet connection are at your own expense
2. It is understood that your participation in the activities taking place through cAPPture is completely free of charge. People s.r.l. reserves the right to reward users for their participation by means of discount vouchers of value not exceeding €100.
Rules of conduct for Users of cAPPture services
1. You undertake to carefully read the use and conduct instructions that will always be provided before beginning each activity and to always comply with them, and therefore to avoid any misuse and/or use for personal reasons that are outside the goals of the activity in which you have consensually chosen to be involved.
Guidelines for contents allowed
1. In using cAPPture, it is strictly forbidden to post in the spaces dedicated to discussions or comments:
  1. your first and second names
  2. private email addresses
  3. private telephone numbers or addresses
  4. other sensitive data such as credit card numbers, current account numbers or similar
  5. each user expressly agrees to not send messages or to upload photos and videos whose content may be considered defamatory, insulting, obscene, offensive to religion, detrimental to people’s privacy, or otherwise unlawful, in compliance with Italian law and international laws.
2. It is expressly forbidden to post comments, names, photos and videos containing:
  1. insults of any kind, comments that are sarcastic, mocking, sacrilegious, derogatory, etc.
  2. racism and any support of views about the inferiority or superiority of a race, people or culture over others
  3. incitements to violence or crime
  4. pornographic material and links to websites forbidden to minors
  5. propaganda messages about politics, political parties or groups. Messages containing ideas or affirmations clearly referring to political ideologies are not allowed
  6. contents contrary to rules of public order and morals
  7. commercial messages and profit-making activities such as betting, competitions, auctions, economic transactions
  8. copyrighted material that infringes copyright laws
  9. advertising and promotional messages, chain letters and signalling website addresses not relating to the topics covered
  10. in general, anything that can be considered as “spamming”
3. When using the service, it is not allowed to:
  1. send messages or upload photos and videos that contain insults or offensive comments, either between registered users of the service or about other individuals
  2. take controversial attitudes and/or positions that are clearly hostile towards the Moderators and the Administrator of the service. In this regard, please note that the moderators’ decisions are not open to discussion and that any complaints, criticisms and clarifications about the moderating must be presented privately by writing to the address in Via Alessandro Volta 16, 20121 Milano or by email at info@peopleresearch.it enclosing a copy of a valid identity document.
  3. deal with topics considered unsuitable for the spirit of the service, of an intimate and private nature (unless specifically the topic of the discussion and with the participant’s consent), not in good taste or, in any case, offending the sensitivities of other users
  4. try to contact other cAPPture users privately and for reasons that are outside the topic of discussion
  5. request information about other users for profit
4. Violations of the above prohibitions will result in the deletion of comments, messages, photos, videos and any other element.
5. In cases of serious or recurring behaviour of such kind, the violating of the above prohibitions will result in the suspension or cancellation of the user responsible for the violation.
Responsibility for content
1. It is further stated that:
  1. People can in no way be held responsible for the content of messages, photos and videos submitted by users and reserves the right to delete any message or content deemed inappropriate or not conforming with the spirit of the service, but without accepting any obligation in this respect
  2. each user takes full criminal and civil liability arising from the illicit content of his/her messages, photos and videos and for any damage incurred by third parties owing to the publication of them
  3. People also reserves the right to disclose the details of the author of a message, a photo or video in its possession when requested by public authorities or when expressly required by law
Changes to the “General Terms and Conditions of Service”
1. These “General Terms and Conditions of Service” may be amended at any time. If they are modified in any way, you will be duly informed giving reasonable advance notice. You are urged however to periodically view the regulations to check for any updates. In any case, People is excluded from responsibility towards you as regards changes to the terms and conditions in the use of the services.
Netiquette rules
1. You are always required to check the material you intend sending and to make sure that it complies with the General Terms and Conditions of Service.
2. Users are encouraged to contribute by means of clear messages with appropriate titles.
3. Users are asked to not embark on long conversations and to not deal with personal issues with other users.
4. When a user sends a contribution aimed exclusively at another user, he/she must always bear in mind that the cAPPture services are public within the platform and that the contribution submitted will therefore be read by all the participants to the specific project.
5. You are required to show respect to other users whose ideas you may disagree with and that conflict with your own.
Confidentiality rules
1. From the time of accepting to participate, the user undertakes to:
  1. keep confidential the information about the content of the tests viewed during the activity
  2. not disclose in any way the information about new products/communications or their features (not even to relatives and friends)
  3. not disclose in any way MS Word or PowerPoint files, photos, audio/video files, screenshots, or information about new products
  4. (in the case of products received for trial) to personally use the trial product and not have it tested by other people, unless specifically requested
  5. (in the case of products received for trial) to not photograph/film the product tested, unless specifically requested.
Transfer of rights over contents transmitted
1. The user definitively and without charge grants and transfers to People the title of all rights for the economic and commercial exploitation of contents transmitted, in Italy and all over the world
2. People will be able to transfer these contents (in anonymous form) to third party companies.
Limitation of liability
1. Save any other provision in these “General Terms and Conditions of Service”, users acknowledge and expressly state that:
  1. the use of the cAPPture services is at their sole risk and that it is provided on the assumption of an exclusive and total liability by the user
  2. People is exempt from any type of responsibility and guarantee, explicit or implied, including the guarantee on the continuity, quality or quantity of the services
  3. the choice to download or otherwise obtain any material using the service shall be at the user’s risk and therefore all responsibility for any damage to computer systems or loss of data resulting from uploading and/or downloading of material will be the user’s
  4. People shall not be responsible for any damage, loss of data, information, damages for delays of loss of opportunities, inaccurate or missing information, restrictions or loss of access, difficulties or problems of any kind, mistakes and unauthorised use during the access to services or regarding other forms of interaction within the services. The user is also solely and directly responsible for maintaining and saving data and information contained in the services.
Personal Data and privacy
1. The privacy of users is very important to us at People. We have prepared our information notice on the processing of personal data so that it provides indications on how the data and information collected via cAPPture are processed. So that you make decisions in full awareness, we encourage you to carefully read the information about the processing of personal data at the following link https://www.peopleresearch.it/en/informativa-cappture/.
2. People will handle the personal data supplied by Users at the moment of registering in full compliance with the provisions of Legislative Decree 196/2003, of EU Regulation 2016/679 and in accordance with the requirements set out on the subject by the Privacy Authority.
3. By accepting these “General Terms and Conditions of Service” and viewing the information about the processing of personal data at the link https://www.peopleresearch.it/en/informativa-cappture/ users express their consent to their personal data being processed and communicated in the ways described in the information notice, relieving People from any civil, criminal or administrative liability for any damages that may be incurred as a consequence of or in connection with the processing.
Any data and images relating to minors
1. It is possible that, when using cAPPture, the user uploads photo or video contributions containing images or references to underage persons.
2. It is absolutely forbidden for the user to upload contributions concerning children of which the user is not the guardian and over which he/she does not have parental authority, under penalty of the immediate suspension or cancellation of the account.
3. In the case of posting contributions in which children appear, People will ensure that consent/release to use such contributions has been obtained from the user who has parental authority.
4. People always guarantees the necessary protecting of the privacy and confidentiality of contributions referring to persons under 18 years old, and secures the right to use the images. For this reason, such contributions will be used in full compliance with the corresponding privacy regulations, as specifically indicated at point 2.3 of the Privacy Notice regarding the processing of personal information, ensuring that it is rendered anonymous and/or faces are obscured.