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LEGAL NOTICES

Borbonese S.p.A. with sole shareholder, with registered office at Viale Majno 18, 20129 Milan (MI) Italy, corporate capital 12.500.000,00 fully paid-in, VAT 01703261204, Fiscal Code and registration number with the Register of Enterprises of Bologna 80013140373, REA BO-105811 (hereinafter, “Borbonese”), licenser for producing, selling and distributing the brand “Francesca Mambrini” and owner of this website (hereinafter the “Web Site”),  welcomes the users and hopes that the Web Site is to their liking and that the information contained hereto might be useful to them. The access to the Web Site and any use of the information it contains are subject to the following terms and conditions of use (hereinafter, the “Terms of Use”). If the user do not agree with the contents of these Terms,we ask the same to refrain from any further use of the Web Site. For any other legal info, the user is kindly asked to consult the sections: General Condition of Sale and Privacy Policy. The simple connection to this Web Site, the use of the Client Service, the communication with Borbonese, the possibility of downloading information concerning products and the purchase of the same by means of the dedicated section of the Web Site, implies that the user has adhered and adheres, without any condition or limitation, to the Terms of Use. Borbonese reserves the right to modify the Terms of Use at any moment and without any prior notice. The simple connection to this Web Site performed by the user shall be equivalent to the unconditional acceptance of the amendments and revisions of the Terms of Use. Therefore we advise the users to regularly review the current text, considering that the mere access to the Web Site shall imply in any case the full acceptance of any amendments which might have occurred.

INTELLECTUAL PROPERTY This whole Site, and all material contained here, is protected by copyright and other intellectual property rights. You may view, print, and copy the contents of this Site (including, but not limited, text, images, animations, videos, logos and drawings) only for personal, non-commercial use. Except here as provided, you may not use, modify, print, display, reproduce, distribute or publish any information contained on this site without the written consent of Borbonese. This Site may contain material protected by intellectual property rights of third parties. In such cases, the permitted use shall be verified with the owners or licensees of such rights as well as from time to time identified in the Site.

CONTRIBUTIONSAll contributions or material transmitted to Borbonese through the Site Francesca Mambrini, including any questions, comments, suggestions regarding the content of the Site ("Contributions") will be considered non-confidential. In particular, Borbonese will not be obligated with respect to such Contributions and shall be free to copy, use, use, disclose, display, modify, create derivative works of nature and / or publish their contributions without any limitation or compensation due. In addition to the foregoing, Borbonese reserves the right to use without the requirement to recognize any compensation and / or consideration, ideas, concepts, know-how or techniques contained in the Contributions for any purpose, including, but not limited, to the production and / or marketing products incorporating such contributions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY Borbonese offers this Web Site without any guarantee concerning its continuity and contents. In particular, Borbonese does not give any warranty, expressly or implicitly, concerning the Web Site and its contents with reference to the ownership of the information contained herein, the absence of potentially harmful programs (such as viruses, worms and Trojan horses), and the suitability of contents for specific purposes or commercial uses. In any way, Borbonese does not give any warranty concerning the accuracy, completeness, and updating of the information contained in this Web Site and the deprivation of the Web Site from defects or that any defects will be corrected. Borbonese shall not respond in any way, by way of contractual or non-contractual liability, for any damages, direct or indirect, actual or potential, specific or general of any nature, regardless of the circumstance that Borbonese was aware of the possibility of the occurrence of such damages might arise from the use, inability to use and/or performance of any product, information or contents of this Web Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not, wholly or partially, apply.

RELEASE FROM LIABILITY

In any case, by accessing the Site, the user agree to release from liability, hold undamaged and defend Borbonese, its subsidiaries and affiliated companies, its employees, directors and shareholders from any third party claims, damages, losses, costs, expenses (including attorneys' fees and court incurred) arising out of your use of the Site or in relation to it.

LINKS AND INFORMATION FROM THIRD PARTY SOURCES  This Site may contain links to other Web Sites (hereinafter, “Links”). Borbonese disclaims any liability with regard to the content and materials available at such sites or otherwise obtained through them. All links to other websites, as well as any other reference to information from third party sources, may not be held in any way as an validation expressed or implied by Borbonese. Questions and / or comments regarding the sites referred to by links should be addressed to the administrators of those sites. This Site may also contain information from third parties, from time to time duly identified, to whom you shall make reference to any matter concerning their accuracy, truthfulness and completeness.

PRODUCTS The products in this Site are representative of the collections Francesca Mambrini . This site does not necessarily contain all of the products Francesca Mambrini nor any particular product displayed on this Site are or will necessarily be available in all stores Francesca Mambrini. Borbonese reserves the right to modify without notice the style, design and colors of the products Francesca Mambrini . The informations that Borbonese publishes on the World Wide Web may contain references to products, programs and services of Francesca Mambrini or its subsidiaries which may not be available or announced in your country. Such references do not imply that of Borbonese to announce such products, programs and services in your country. Therefore, please refer the local representatives of Francesca Mambrini about the products, programs and services available in your country. The Web site allows, with an appropriate section, to make on-line purchases of Francesca Mambrini branded products. Each purchase is subject to the terms and conditions of sale that can be consulted in the section General Sale Conditions. The data provided will be treated in compliance with our Privacy Policy. The user is encouraged in this regard, to visit the appropriate Privacy Policy’s section.

CONTENTS OF THE WEB SITE - LIABILITY DISCLAIMER The data contained in this Web Site may contain inaccuracies and typographical errors. Borbonese disclaims any liability for any loss or damage caused by or related to the reliance by users of the Site on information contained herein. Therefore,the user will be in charge of independent evaluation of the accuracy of the information published on this site. Borbonese reserves the right to modify at any time the Site and its content without obligation to notify prior or later.

UNAUTHORIZED ACCESS AND USE OF THE WEBSITE Web Site's users are authorized to access only the documents listed in its menu. It is forbidden any unauthorized attempt to overcome or circumvent security features of the Site, use of the operating systems running the Site for purposes other than those for which they are intended and deny service to authorized users; as well as It is forbidden access, destroy, alter, damage information contained herein or to interfere with such systems. After any such action, Borbonese will be report without delay to the relevant authorities and the actions pursued in all relevant forums civil and criminal penalties under applicable laws and international conventions.

APPLICABLE LAW These Terms of Use are governed by Italian law.

 

PRIVACY POLICY

INFORMATIVE

This privacy policy is provided pursuant to article 13 of Legislative Decree No. 196/2003 - Italian Personal Data Protection Code  (hereinafter, the “Privacy Code”) to those who interact with web services accessible via internet at the address: http://www.francescamambrini.com. The privacy policy is relevant only to the Web Site in question and not to other web sites which the user might access via links. From this Web Site the user shall directly have access to Francesca Mambrini's e-commerce Web Site, from which he/she shall carry out any purchase online. By making access to the virtual store it shall, from time to time, be provided and in relation to different purposes of the processing of the data that may be required (e.g., for the registration in the store, for the online purchase, etc.) specific privacy policy for the data processing of the collected data. Specific summary policies shall be progressively reported or displayed on the web pages dedicated to particular services on request (e.g., newsletter, please contact customer service, etc.).

DATA CONTROLLER

The browsing on the web site www.francescamambrini.com may require the processing of data relevant to identified or identifiable subjects. The Data Controller for such data is Borbonese S.p.A., with sole shareholder, a company incorporated under Italian law, with registered office in Italy, at Viale Majno 18, 20129 Milan (MI) Italy, Fiscal Code and registration No. at the Company’s Register  80013140373, VAT number 01703261204 Corporate capital Euro 12.500.000 fully paid-in (hereinafter, “Borbonese”), which may, at its own discretion, delegate its functions wholly or partially to third party technical partners, which shall be required to respect the confidentiality of the received information and to refrain from their use for purposes which differs from those accepted by the user through this privacy policy. More information about the Data Processors may be obtained by sending an e-mail to privacy@francescamambrini.com. Borbonese reserves the right not to respond to illegal requests or that are not based on the rights set out in the Privacy Code.

NAVIGATION DATE

Some personal data, the transmission of which is implied in the use of communication protocols of the Internet, are captured by the software and systems That enable the operation of this web site during normal operation. These data are not collected to be associated to individuals, but by their could, through processing and connections with information held by third parties, allow users to be Identified. For example, the data in question may be: the addresses provided by the ISP , the domain names of computers used by users connecting to the site, URI (Uniform Resource Identifier) of the resources requested , the time the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating given the status of the reply by the server (successful , error, etc.)  and other parameters regarding the operating system and all environment of the user. The use of longer available data is limited to the sun obtaining purpose of anonymous statistical information on the site and to check the its correct functioning and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site: except for this possibility at present date concerning web contacts do not persist for more than 6 (six) months.

COOKIES

Cookies are small text files that are stored on your computer when you visit a website. In the course of each subsequent browsing they are then sent back to the original website (first party cookies), or to a different website which is able to recognize the specific cookie (third party cookies). Cookies are useful as they allow a website to recognize the User's device. They serve different purposes, for example allowing a most efficient use of the Web, memorizing favorite websites, and, generally speaking, offering an enhanced browsing experience. They also help guarantee that advertising content is more customized to User’s interests. According to their function and purpose, cookies can be divided into technical cookies, profiling (behavioral) cookies, and third party cookies.. More details at List Cookies

LOG FILES AND THEIR STORING

The log files will be tracked for security reasons requiring the registration and maintenance of log files and their accessibility to the judicial police in the event that the latter request it. To this end, the file access log will be maintained for a period not exceeding 6 mesi/-1 year. Any access controls will be carried out in a gradual way and in full compliance with the law, particularly the principles of necessity and proportionality.

DATA PROVIDED VOLUNTARY BY THE USER

The submission by users of email addresses indicated on this website entails the subsequent acquisition of the sender, necessary to respond to requests, and of any other personal data included in the message. Except as specified above with respect to navigation data, the user is free to provide personal data reported in modules for inclusion in the database of curricula or the sending of informative material or other communications. Their non-submission can make it impossible to fulfill the request.

METHOD OF TREATMENT

Personal data are processed by automated tools for the time strictly necessary to achieve the purposes for which it was collected, except in the case where a longer retention period is required or permitted by law. Borbonese reserves the right of access to / or disclose information about you, including the content of communications that may be sent to Borbonese, for one or more of the following purposes: (i) the fulfillment of a duty imposed by law, (ii) to ensure the compliance with the law, (iii) protect the rights or the rights of others, (iv) negotiate and / or to accomplish extraordinary corporate transactions such as mergers, de-mergers or disposals of business units; (v) act in good faith to protect the personal safety of employees and customers of Borbonese. For the purpose of handling requests from the users or customers Borbonese may share personal information with companies that provide services, such as data processing, executing customer orders, transportation and delivery of products at the addresses stated, customer service. In the interests of protecting information from loss or destruction, Borbonese can keep a copy on their servers and / or other storage devices, which could be temporarily maintained on such instruments, even after a request for deletion of data. During the data processing that may directly or indirectly identify the user, Borbonese try to respect the principle of strict necessity. For this reason Borbonese has created the Web Site in such a way that the use of the user’s personal information is kept to the minimum: therefore it is excluded the processing of the user’s personal data when the purpose of the specific activity can be achieved through the use of anonymous data (such as, for example, market research aimed at improving services) or through other means that allow identification of the individual only when necessary or at the request of the authorities and police forces (such as, for example, data relevant to traffic and to time spent on the website or to user’s IP address). Personal information shall be disclosed to third parties only with the express consent of the concerned subject, except for the cases where the disclosure is required by law or the law requires an express consent or is instead required for purposes envisaged by law or for the carrying out of the activities requested by the user. Personal data shall not be transferred abroad to countries other than those belonging to the European Union, which do not provide a sufficient level of privacy protection . Should this be necessary to provide the services or to conclude a agreement with Borbonese for the purchase of products, Borbonese guarantees to the user that the transfer of personal data to countries that do not belong to the European Union and that do not ensure an adequate level of protection shall be carried out only after the execution, between Borbonese and such entities, of specific agreements in accordance with applicable law and regulations. Borbonese reserves the right to eliminate the accounts and all related data in case illicit contents, possibly damaging the image of Borbonese and/or of its products or of any third party, or otherwise offensive or that promote illegal or defamatory activities, pornographic contents, that inciting violence, promote discrimination based on race, sex, religion and sexual orientation, are discovered.

FINALITY

The specific purposes for which the data are processed are summarized from time to time, under the article 13, Privacy Code, which is presented to the user when it releases personal data.

In general, data are processed to provide the following services available at our Web Site:

1. registration to the Web Site, to enjoy the relevant services;

2. adherence to additional and specific services, such as our Francesca Mambrini newsletter news and other similar information services about our business, creating of the user’s Dream Box and the sharing of its content, inviting the user’s friends to join Francesca Mambrini's world, allow the users to be known by other users by sending his/her photos and your comments;

3. fulfillment of orders and related activities;

4. handling of the user’s requests: concerning technical, commercial, on the progress of their orders and requests for information in a broad sense;

5. contact with the managers of our services (Press Office, Business Development, Web Marketing, Purchasing, Customer Service);

6. request for an evaluation concerning the entering of the user in Borbonese’s personnel by the sending of CVs.

In addition, if the interest’s user of, data may be used for:

1)    direct marketing initiatives (sending of advertising, giveaways, communications, promotions, events and prize competitions), also by means of communications sent by e-mail, SMS, MMS or phone;

2)    carrying out of market and surveys analysis of the buying and consumption habits (creation of customer profiles) in order to, among other things, better meet the tastes of the user.

OPTIONAL OR COMPULSORY COMMUNICATION DATA

The conferment to Borbonese of the user’s personal information is required in several collection occasions that, from time to time, is necessary to achieve the purposes identified in the relevant policy, or can be freely chosen by the user who wants to access to the services offered by the Web Site.

The mandatory or optional nature of the conferment is specified from time to time - with reference to the specific data requested - at the time of the single data collection, by using a special character (*) to the compulsory information. The eventual refusal to disclose to Borbonese certain information marked as compulsory, may make it impossible to achieve the main purpose of the specific collection: such refusal might, for example, make it impossible for Borbonese to perform the purchase agreement the products of “francescamambrini.com” or to provide other services available on www.francescamambrini.com (support services - Contact Customer Service , send the news). The conferment to Borbonese of additional data, other than those designated as essentials, is instead optional and shall not have any consequence in order to achieve the main purpose of the collection (for example, depending on the circumstances, the use of the Web Site and its services or the purchase of products).

THE SUBJECT OR THE CATEGORIES OF SUBJECTS TO WHOM THE INFORMATION MAY BE DESCLOSED

In order to perform the services requested by the user at the time of the indication of personal data to Borbonese, the same communicates that it may also make use of external companies that carry out activities strictly connected and instrumental to the completion and execution of agreements and rendered services such as: management of customer records, customer relations, transport companies and shippers with regard to the delivery of goods and to customs formalities, banking institutions for the management of receipts and payments, government finance and other entities for the fulfillment of obligations regulatory, companies and law firms for the protection of the rights pertaining to contractual relationships; freelancers for administrative and accounting requirements; postal services, third-party companies for market analysis’ purpose, marketing and communication’s activities. The data processing from these subjects aims to the implementation of the orders received from customers and/or to storage on data carriers. The data may also be communicated to all subjects to whom the communication is due for legal obligations. The list of subject that process personal information are always available by carrying out a specific request to Borbonese S.p.A., Viale Majno 18, 20129 Milan (MI) Italy also by e-mail at: privacy@francescamambrini.com. No data deriving from the web service is disclosed.

DURATION OF THE PROCESSING

User’s data shall be stored by Borbonese and for the period which shall be strictly necessary to ensure the proper supply of the required services – without prejudice for the obligation of data’s conservation for a longer period in compliance with the applicable regulations, including accounting regulations. It is understood that the data shall be stored and processed by Borbonese for the purposes of profiling for the maximum term allowed by the applicable law. At the end of this term, Borbonese may ask the user to renew the consent to the processing of personal data, or render the same data anonymous and keep them only for statistical or chronological purposes. The user shall always have, at any time,  the opportunity to revoke his/her consent to the processing of data for marketing purposes: in every commercial communication shall exist a section that allows the user to easily revoke the consent given. The data transmitted to any service providers shall be processed for the time strictly necessary for the performance of the relevant entrusted tasks.

RIGHTS UNDER ARTICLE 7 OF LEGISLATIVE DECREE NO. 196/2003

The subjects to whom the personal data refer may at any time exercise, against the Data Controller, the rights provided for in Article 7 of Legislative Decree 196/2003, including the right to obtain the confirmation of the existence or not of personal data concerning them, to know the content and the origin of the data, the purposes and methods of the processing. They have also the right to verify the correctness, request the updating, correction or, if they have interest, the integration of data, the deletion, transformation into anonymous form or the blocking of data which have been unlawfully processed, including those whose conservation is not necessary in relation to the purposes for which the data have been collected or subsequently processed, and to object to the processing, for legitimate reasons, of their personal data, even if pertinent to the purposes of the collection, as well as the processing of personal data for the sending of advertising materials or direct selling purposes or for the carrying out of market researches or of information, promotional and commercial communication. It is possible to refuse, now or even at the time of all eventual future communications, the use of their own data for the direct selling of Borbonese’s items.

To exercise the rights hereto, to obtain an updated list of the subject to whom the data are disclosed and for any further information relevant to the processing of personal data carried out by Borbonese through the Web Site the user may contact us at the following address:

Borbonese S.p.A., Viale Majno 18, 20129 Milan (MI) Italy.

fax +39 051 / 775 450

e-mail: privacy@francescamambrini.com

UPDATING PRIVACY POLICY

This information may be changed over time to adapt to any changes in the law or for reasons of commercial convenience. Any material change to this address will be published, and the user agree to periodically monitor this website to inquire about the validity or the modification of these conditions.

APPLICABLE LAW

This Privacy Policy is governed by Italian Law and in particular by the Privacy Code which governs the processing of personal data - also held overseas - carried out by anyone who is domiciled or has registered offices in Italy. The Privacy Code guarantees that the processing of personal data shall be processed in light of the respect of the rights and of fundamental freedoms, as well in light of the user’s dignity, particularly with regard to confidentiality, personal identity and the right of protection of personal data.

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Mambrini | P.IVA: 01703261204