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The sole proprietorship "Vian di Vitto Andrea" offers the Minimo service, which involves the provision of email, WhatsApp marketing, SMS marketing, and transactional activities through its website www.minimo.it ("the site").
These General Terms and Conditions of Use are intended to define the terms of use of the Minimo services by Vian di Vitto Andrea. This is a legal and binding agreement between Vian di Vitto Andrea (Minimo) and any User of the platform www.minimo.co (“the User”). By subscribing to or using the Site or Services, the User declares to have read and accepted without reservation the current version of these General Terms and Conditions of Use.
Specific conditions possibly negotiated between the User and Minimo take precedence over these General Terms and Conditions of Use.
The terms used in this document are defined as follows:
“the User” any natural or legal person using the Minimo Services by “Vian di Vitto Andrea”.
The “Services” offered by the Minimo brand of “Vian di Vitto Andrea” are functionalities made available to users through the site such as sending SMS, WhatsApp, email, providing reports or optimizing the deliverability of sent messages (the full list of features is available at the following address: https://minimo.co/features).
The “subcontractor” is the company that performs data processing on request from a data controller. Minimo by “Vian di Vitto Andrea”, therefore, acts as a subcontractor to make its services available to Users, who define the purposes and methods of processing.
Minimo “Vian di Vitto Andrea” may use subcontractors (“further subcontractors”) to perform data processing on its behalf.
The “User’s data” are the data processed by Minimo of “Vian di Vitto Andrea” on behalf of the users within the scope of the Services subscribed.
“Personal data” are information relating to an identified or identifiable natural person.
The “Parties” define Minimo by “Vian di Vitto Andrea” and the User.
Minimo by “Vian di Vitto Andrea” provides email, WhatsApp marketing, SMS marketing, and transactional solutions, through its mailing platform, available via the Site.
The use of Minimo services by “Vian di Vitto Andrea” involves creating an online account.The User is responsible for the accuracy of the information provided and undertakes to update the information concerning them or to notify Minimo of “Vian di Vitto Andrea” promptly of any changes in their situation.The User takes all necessary measures to maintain the confidentiality of access to their account. In the event of fraudulent use of their account, the User undertakes to notify Minimo “Vian di Vitto Andrea” immediately and to immediately change their access password. The possible costs resulting from such unauthorized use are borne by the User until Minimo by “Vian di Vitto Andrea” has been notified of such use. Minimo “Vian di Vitto Andrea” will not be responsible for any material or immaterial damage resulting from the use of the account by third parties, with or without the User's permission. Minimo “Vian di Vitto Andrea” retains the messages sent through its platform on behalf of the User. Distribution lists are maintained from the moment the User maintains and correctly updates their account. Minimo by “Vian di Vitto Andrea” protects the integrity, confidentiality, and security—both material and administrative—of the User’s personal data.
Subscription to the Services of Minimo by “Vian di Vitto Andrea” also entails a commitment on the part of the User to pay the price corresponding to the selected service and to their country of residence.Unless specified otherwise, the prices of the subscribed services are paid at the time of subscription and in the currency in which they were charged.Prices displayed on the Site are inclusive of taxes. Additional costs are applied to the invoice based on the User’s country of residence and the prevailing legal and regulatory provisions.
Each Party declares to be compliant with the current regulations for their activity.In general, the User guarantees that the information sent via the Minimo services by “Vian di Vitto Andrea” does not violate any provision of law, regulation, or standard arising from an applicable international convention, particularly those in force in Italy, in the State in which the User conducts their activity and in the State in which the persons listed in the distribution lists reside, nor the rights of third parties.For information and not exhaustively, the sending of emails and SMS and WhatsApp to customers and potential customers is subject to data protection regulations including the European regulation (GDPR) Reg. EU no. 679/2016 and the code concerning the protection of personal data and subsequent amendments.
The User authorizes Minimo by “Vian di Vitto Andrea” to use their name, brand, and visual identity exclusively for the purposes of performing the Services.The User guarantees Minimo by “Vian di Vitto Andrea”:to have full power and ability to operate and to grant the intellectual and industrial property rights, and that such rights are in no way assigned, mortgaged, nor in any way encumbered in favor of a third party;that they have not done and will not do, due to a sale to third parties or by any other means, any act that may compromise the use of the intellectual and industrial property rights;that they have not introduced nor will introduce into their campaigns any sequence, reproduction or reminiscence liable to violate the rights of third parties;that no lawsuit or litigation concerning intellectual property rights is underway or about to be initiated.The User also undertakes to indemnify Minimo by “Vian di Vitto Andrea” from any third-party claims as well as from any adverse judgment pronounced, arising from non-compliance with this article.
All programs, services, processes, designs, software, technologies, trademarks, and trade names, inventions that appear on the site, accessible via the Site or through the Minimo services are the property of Vian di Vitto Andrea or its licensors.The User undertakes not to use the Site, the Services, or any of the elements listed above for purposes other than those indicated in this document.
For the provision of the Services, Minimo by “Vian di Vitto Andrea” has access to information contained in the email distribution lists created by users on their personal account, as well as the subject and content of the emails sent to their distribution lists via the Services. These informations contain third-party personal data.
As the creator of the distribution list, the User is responsible for the processing of personal data in that list, under applicable law. As such, if the User is established in the European Union, or if the distribution list contains personal data of citizens of the member states of the European Union, the User guarantees Minimo by “Vian di Vitto Andrea” to respect the provisions of Regulation no. 2016/679 of 27 April 2016 (the “GDPR”) and those of Law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, notably:that the personal data contained in the file transmitted have been collected and processed in compliance with current regulations;that the User has informed the interested parties in accordance with the regulations;that if necessary, the collection and processing have been subject to the consent of the interested parties;that allows the interested parties to exercise their rights in accordance with the regulations;that they undertake to rectify, correct, clarify, update the information or delete inaccurate, incomplete, misleading, obsolete information or whose holders want to prohibit the collection or use, communication or storage.It should be noted that the User is solely responsible for managing the retention periods of the personal data they upload on the Minimo platform by “Vian di Vitto Andrea”, and it is their responsibility to delete the data at the expiration of their retention period. Minimo by “Vian di Vitto Andrea” has the sole responsibility to delete such personal data at the end of the contractual relationship with the User.Furthermore, the User undertakes not to integrate into distribution lists uploaded on the Minimo platform any personal data considered “sensitive” and/or “special” under Article 9 of the GDPR including any health data, but also no data relating to criminal convictions and offenses, social security number, or credit card number. Minimo by “Vian di Vitto Andrea” cannot in any case be held responsible for the presence of such personal data on its platform, and the consequences that may arise. In case of violation of this clause, the User is solely responsible for all consequences, and undertakes to guarantee, and, if necessary, compensate Minimo.
Minimo by “Vian di Vitto Andrea” has taken all precautions to safeguard the security of personal data and, in particular, to prevent it from being distorted or damaged, or accessed by unauthorized persons.The measures are as follows:Multilayer firewall,Antivirus of proven reputation and detection of viruses and intrusion attempts,Encrypted data transmission using SSL/HTTPS/VPN technologyPCI DSS certified Tier 3 data centersIn addition, access to processing by Minimo services by “Vian di Vitto Andrea” requires authentication of users who access the data, using an email address and an individual password, sufficiently robust and regularly updated.Data transmitted over insecure communication channels are subject to technical measures aimed at making the data incomprehensible to unauthorized persons.
Minimo by “Vian di Vitto Andrea” acts in its role as a subcontractor of the User, and undertakes to respect the obligations described in the Annex “Agreement on the processing of personal data”.In this context, it is specified that:The User can at any time retrieve their distribution lists, by clicking on the “export button” from their personal account Minimo by “Vian di Vitto Andrea”.The communication to third parties of personal data contained in the distribution lists can occur only in the following cases:upon authorization from the User attesting that the person in question has themselves authorized the dissemination;upon request from legally competent authorities as part of a judicial requisition or legal dispute.
To enable it to pursue its legitimate interests, including risk management and evaluating the quality of the User's distribution lists (for example, avoiding the risk of spam, phishing, or fraud), the User is informed that Minimo by “Vian di Vitto Andrea” reserves the right to transmit these lists and their content to third parties located outside the European Union, responsible for establishing a reliability score. Any transmission of such data will be carried out by Minimo by “Vian di Vitto Andrea” in compliance with current regulations.Finally, the User expressly accepts that the behavior of the recipients of these emails can be analyzed by Minimo by “Vian di Vitto Andrea” (track opening rates, click percentage, and bounce rate at the individual level and text of the email) to improve its email campaigns.
The use of the Minimo services by “Vian di Vitto Andrea” resulting from the subscription to said Services is strictly personal and cannot be rented, transferred free of charge or for a fee to third parties. In the absence of prior authorization, the use of Minimo services by “Vian di Vitto Andrea” is limited to a single account per user.Any use of the Services that may damage, disable, overload the infrastructure of Minimo by “Vian di Vitto Andrea” or the networks connected to the Minimo server by “Vian di Vitto Andrea”, or still prevent the enjoyment of the services by other Users is prohibited.Any unauthorized access attempt to the Services, other accounts, computer systems, or other networks connected to a Minimo server by “Vian di Vitto Andrea” or any of the Services through hacking or any other means is prohibited.The use of the Services for the purpose of selling products or services for illegal or fraudulent activities or encouraging one's activities, including, but not limited to, activities related to illegal drugs, pirated programs, instructions for installing or creating bombs, grenades or other weapons, materials containing child violence or that encourage violence is prohibited.Any use of the services contrary to applicable regulations regarding telemarketing, email marketing, anti-spam, anti-phishing, data protection is prohibited.Any use of the Services in violation of third-party rights is prohibited.In case of non-compliance with this article, Minimo by “Vian di Vitto Andrea” reserves the right to immediately block the User's access to its Services and remove all information from their account without notice and without refund or other compensation.Minimo by “Vian di Vitto Andrea” also reserves the right to refuse or limit service to accounts that do not meet the General Conditions of Use, the regulations of communication companies, or that distribute unsolicited communications.The following topics are prohibited on the Minimo platform:all forms of illegal activity weight loss currency trading, fraudulent stock dealings and stock manipulations work-from-home offers with promises of the type "get rich quick" financial regimes and pyramid selling schemes pornography or sexually explicit e-commerce remedies for erectile dysfunction solicitation of employment political lists (lists of consulates, governments, etc) that contain addresses of people who have not given their explicit consent to receive communications from an identified advertiser. Giving an email address to a Consulate or Embassy does not provide proof of opt-in commitment. accounts having the following activities will be validated only under certain conditions:horoscope and astrologybetting games and other gambling dating services communications to contacts acquired from social networks such as LinkedIn and Viadeo
Except for force majeure, Minimo by “Vian di Vitto Andrea” guarantees the User the correct execution of its services in accordance with these General Terms and Conditions of Use.Any compensation possibly due by Minimo by “Vian di Vitto Andrea”, to the User or third parties due to the assumption of responsibility by Minimo by “Vian di Vitto Andrea”, under the execution of this contract cannot exceed the price paid by the User in exchange for the service(s) at the origin of such responsibility.In no case does Minimo by “Vian di Vitto Andrea” guarantee the User economic benefits, image, or information expected by the latter, such as sending emails or WhatsApp or SMS as part of this document.Minimo by “Vian di Vitto Andrea” does not systematically control the content of the messages sent by the User to their distribution list, which remains under the responsibility of the User.In no case can Minimo by “Vian di Vitto Andrea” be considered a third party responsible towards damage resulting from the sending of emails or WhatsApp or SMS on the User's account, for any reason.
The User is solely responsible for the content of the email messages or WhatsApp messages or SMS sent to their lists in the execution of this document.The User's responsibility may be incurred due to non-compliance with these General Terms and Conditions of Use, the Privacy and anti-spam policies of Minimo by “Vian di Vitto Andrea” or any legal provision, regulation, or arising from applicable international conventions.The User guarantees Minimo by “Vian di Vitto Andrea” for any losses, claims, and any third-party claims arising from a violation by the User of these General Terms and Conditions of Use, the Privacy and anti-spam policies of Minimo by “Vian di Vitto Andrea” or any legal provision, regulation, or arising from an applicable international convention.
Minimo by “Vian di Vitto Andrea” may modify these General Terms and Conditions of Use, its anti-spam policies, and privacy policies as well as its offer.The User will be informed of the changes by email or directly on their account and the acceptance of the changes will be deemed tacit.Therefore, if the User decides to withdraw and/or revoke and/or not accept the changes made, they must provide the relevant communication to “Vian di Vitto Andrea” by registered mail with acknowledgment of receipt and/or pec.The General Terms and Conditions of Use, the anti-spam and privacy policies, as well as the Minimo offer, updated with the latest changes, are always available on the Site.
These General Terms and Conditions of Use are in effect for an indefinite period.The User can terminate their Minimo account at any time directly from the Site.In the event of termination by the User, the sums paid as consideration for the Minimo Services remain due to Minimo even if the User has not exhausted the sending quotas acquired.In case of non-compliance by the User with these General Terms and Conditions of Use, the Privacy and anti-spam policies of Minimo by “Vian di Vitto Andrea” or any legal provision, regulation, or resulting from an applicable international convention, Minimo by “Vian di Vitto Andrea” reserves the right to suspend the User's account.The termination will occur without notice in case of non-compliance with the article “Use of the Services” of this contract.
The liability of the parties cannot be questioned if the non-performance or delay in the performance of any of its obligations, described in these General Terms and Conditions of Use, results from a case of force majeure.For force majeure is meant any external event, irresistible and unforeseeable and its interpretation by the jurisprudence of the Italian courts, and which prevents one of the parties from fulfilling its obligations or making the performance of these excessively burdensome.Expressly considered cases of force majeure, in addition to those normally retained by the jurisprudence of the Italian courts, and without this list being exhaustive, are:wars, armed conflicts, riots, insurrections, sabotage, terrorism,total or partial strikes internal or external to the company, at a supplier or a national operator, blockade, the blockade of means of transport or supply for any reason,natural disasters that cause the destruction of infrastructures, such as fires, storms, floods, water damage,government restrictions or legal, or regulatory changes in forms of marketing, cases of suspension, cancellation, revocation of authorizations by any competent authority,interruptions of the Minimo network by “Vian di Vitto Andrea”, its subcontractor or supplier, due to computer failure, blocking of means of telecommunications, if due to external attacks, interruptions of the service provider or otherwise, and any other fact not attributable to Minimo by “Vian di Vitto Andrea”, its subcontractor or supplier, that prevents the normal performance of the services;power outages of more than 48 hours.Each party will notify the other party, by registered letter with acknowledgment of receipt or pec, of the occurrence of a force majeure event.
The information, including personal data, collected by Minimo by “Vian di Vitto Andrea” in the context of its commercial relationship with the User is subject to computer processing described in the “Privacy Policy – Protection of personal data” by Minimo by “Vian di Vitto Andrea”.
The cancellation of one of the clauses of the General Terms and Conditions of Use does not invalidate them in their entirety, provided, however, that the balance and general economy of the Convention can be saved.
The General Terms and Conditions of Use are exclusively governed by Italian law.Any dispute between the parties regarding the validity, interpretation, and/or execution, termination, breakdown of the General Terms and Conditions of Use will be submitted by one of the Parties to the Italian jurisdiction.
In the context of the services provided to the User, Minimo by “Vian di Vitto Andrea” is required to carry out personal data processing operations on behalf of the User. These treatments are carried out for the duration of the contractual relationship between the User and Minimo by “Vian di Vitto Andrea”.The processing carried out by Minimo by “Vian di Vitto Andrea” on behalf of the User is described below:storage of contact lists uploaded by users;sending messages via email or SMS or WhatsApp, in an automated manner or not;conservation and analysis of email deliverability data;display retargeting;collection of unsubscription cancellations and information of the User concerned;collection of consents (in case the User uses the Minimo form to retrieve contact data from their site);In this regard, Minimo by “Vian di Vitto Andrea” declares to present sufficient guarantees to implement appropriate technical and organizational measures so that the treatment meets the GDPR requirements and protects the rights of the interested person, and undertakes to respect the following obligations:
Minimo by “Vian di Vitto Andrea” undertakes to process personal data exclusively for the purposes of the Services in accordance with the User's instructions. Minimo, therefore, undertakes not to grant, lease, transfer or communicate in any other way to another person, all or part of the personal data, even free of charge, and not to use personal data for purposes other than those provided by the General Terms and Conditions of Use.In the event that Minimo by “Vian di Vitto Andrea” believes that an instruction given by the User is a violation of applicable law, Minimo by “Vian di Vitto Andrea” must immediately inform the User.
Minimo by “Vian di Vitto Andrea” guarantees the confidentiality of personal data processed within the scope of the Services. As such, it ensures (i) to disclose personal data only to people who need to know them, (ii) that these people are aware of the User's instructions and undertake to treat personal data entrusted to them only in strict compliance with these and for no other purpose, (iii) to people who are subject to an adequate contractual or legal obligation of confidentiality, and (iv) who have received the necessary training in data protection.
Minimo by “Vian di Vitto Andrea” undertakes to implement technical and organizational measures to help preserve the privacy and security of personal data, in particular, to prevent them from being distorted, damaged or communicated to unauthorized third parties, and much more, generally, to protect personal data from accidental or unlawful destruction, alteration, disclosure or unauthorized access and against any form of unlawful processing, provided that such measures guarantee, taking into account the state of the art and the costs related to their implementation, an adequate level of security to the risks inherent in the processing and the data to be protected, and more generally, to ensure an adequate level of security of personal data, adequate to the risk.
In case of a security breach involving, accidentally or unlawfully, the destruction, loss, modification, unauthorized disclosure of personal data processed by Minimo by “Vian di Vitto Andrea”, or unauthorized access to such data, Minimo by “Vian di Vitto Andrea” undertakes to inform the User immediately within 72 hours of the detection of the incident.
In such circumstances and in consultation with the user, Minimo by “Vian di Vitto Andrea” undertakes to implement the necessary measures to protect the data and limit any negative impact on the interested parties.
Minimo by “Vian di Vitto Andrea” undertakes to provide the User with all the information and all the assistance to enable them to fulfill their communication obligations with the data protection authorities, and if applicable to those who are interested.
Minimo by “Vian di Vitto Andrea” undertakes, as far as possible, to assist the User in the context of respecting their obligations. Minimo by “Vian di Vitto Andrea”:
- will take care of the requests for unsubscription from the distribution lists on behalf of the User;
- will respond to requests from the User about personal data processed to enable them to consider, in due time, any requests from the interested parties (right of access, rectification, right of destruction, etc), and more generally, to consider the nature of the treatment and help the User with appropriate technical and organizational measures to fulfill their obligation to respond to requests from interested parties on how to exercise their rights;
- will send to the User, upon reception, the requests from interested parties to exercise their rights;
- will assist and collaborate with the User to ensure compliance with its obligations in accordance with the regulations in this area, and in particular to help ensure the security of personal data, respect its obligations in case of security vulnerability, to promote the implementation of all necessary measures before processing, such as conducting an impact analysis.
At any time, during the execution of the General Terms and Conditions of Use, the User can access the personal data processed by Minimo by “Vian di Vitto Andrea” or delete them directly from the site through the export and deletion features integrated.
At the end of the contractual relationship, at the choice of the User, Minimo by “Vian di Vitto Andrea” undertakes to destroy all personal data, or to return them to the User or to another subcontractor designated by them, if technically possible, within a maximum period of 3 months. The return must be accompanied by the destruction of existing copies in the computer systems of Minimo by “Vian di Vitto Andrea”, unless the applicable law requires their conservation.
Minimo by “Vian di Vitto Andrea” undertakes to make available to the User all the information and documentation necessary to demonstrate compliance with the obligations provided for in this contract.
Minimo by “Vian di Vitto Andrea” authorizes the User or any other external auditor not competing with Minimo by “Vian di Vitto Andrea” appointed by the User, to inspect and control the activities of personal data processing, and undertakes to accept all reasonable requests by the User in order to verify that Minimo by “Vian di Vitto Andrea” has respected the contractual obligations imposed by this annex.
It is agreed that, subject to the requests of regulators for this purpose, such audits may be carried out at most (1) time per contractual year. In all cases, the User must notify Minimo by “Vian di Vitto Andrea” with a minimum notice of fifteen (15) days, and the audit must not in any way disturb the ongoing operations of Minimo by “Vian di Vitto Andrea”. The audit will be limited to the activities of personal data processing by Minimo by “Vian di Vitto Andrea” on the User's account, and the User may not access data concerning other customers of Minimo by “Vian di Vitto Andrea”.
Minimo by “Vian di Vitto Andrea” undertakes to provide all the justifying documents to demonstrate the compliance of the treatment with the User's instructions, and that adequate security measures have been implemented.
The User is informed, and accepts, as part of the Services, that Minimo by “Vian di Vitto Andrea” may use subcontractors who will have access to and/or process personal data entrusted to the User on their behalf. The list of involved subcontractors is as follows:
subcontractor: Amazon AWS – service: email routing
subcontractor: Message Bird – service: SMS routing
subcontractor: Sendberry – service: SMS routing
subcontractor: RDcom – service: email and SMS routing
subcontractor: 360dialog – service: WhatsApp routing
subcontractor: PayPal – service: payment
subcontractor: Stripe – service: payment
subcontractor: Fatture incloud – service: billing
The User is informed that some of these further subcontractors are based in countries outside the EU, including the United States, and as such, expressly authorizes the Minimo brand by “Vian di Vitto Andrea” to transfer personal data outside the European Union. Minimo by “Vian di Vitto Andrea” undertakes to implement all necessary guarantees so as to frame such transfers in compliance with current regulations.
In this context, the User expressly mandates Minimo by “Vian di Vitto Andrea” to sign on their behalf and on their behalf standard contractual clauses responsible for processing to further subcontractors (see the clauses of the European Commission at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087&from=EN).
In case of modification of the list of its subcontractors, Minimo by “Vian di Vitto Andrea” will inform the User, by email or by communication in the account, who will have the possibility to unsubscribe in case of dispute. It is specified that this notification will include information concerning any transfers of personal data outside the European Union.
When Minimo by “Vian di Vitto Andrea” uses further subcontractors to carry out specific processing activities for the account and for the User's instructions, the same data protection obligations as those provided for in these GCU are imposed by contract on further subcontractors, with particular reference to sufficient guarantees for the implementation of appropriate technical and organizational measures.
It is up to Minimo by “Vian di Vitto Andrea” to ensure that further subcontractors offer sufficient guarantees so that the treatment meets the GDPR requirements. If further subcontractors fail to meet their data protection obligations, it is recalled that Minimo by “Vian di Vitto Andrea” remains fully responsible towards the User for the execution by further subcontractors of their obligations.
If Minimo by “Vian di Vitto Andrea” is required to make such transfers under applicable law, it undertakes to inform the User of this legal requirement before processing, unless the applicable law prohibits such information for reasons of public interest.
