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This Website collects some Personal Data from its Users.
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THRON SpA – via dei Contarini 5/a – 35016 Piazzola sul Brenta (PD) Italy
Owner contact email: privacy@thron.com
Among the types of Personal Data that this Website collects, by itself or through third parties, there are: first name; last name; address; username; email address; company name; various types of Data; field of activity; number of employees; website; Cookies; Usage Data; Universally unique identifier (UUID); unique device identifiers for advertising (Google Advertiser ID or IDFA, for example).
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.
Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools — by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy.
Users are responsible for any third-party Personal Data obtained, published or shared through this Website.
Mode and place of processing the Data
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
The Controller processes Personal Data relating to the User if one of the following conditions is met:
However, it is always possible to request the Data Controller to clarify the concrete legal basis of each processing and in particular to specify whether the processing is based on law, required by a contract or necessary to conclude a contract.
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Data are processed and stored for the time required by the purposes for which they were collected.
Therefore:
When the processing is based on the User’s consent, the Data Controller may keep the Personal Data longer until such consent is revoked. Moreover, the Controller may be obliged to keep the Personal Data for a longer period in compliance with a legal obligation or by order of an authority.
At the end of the retention period the Personal Data will be deleted. Therefore, at the end of this period, the right of access, deletion, rectification and the right to Data portability can no longer be exercised.
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Registration and authentication, Analytics, Interaction with external social networks and platforms, Remarketing and behavioral targeting, Displaying content from external platforms, Tag Management, Advertising and User database management.
For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.
Personal Data is collected for the following purposes and using the following services:
These types of services allow the Data Controller to build user profiles from an email address, name or any other information the User provides to this Website, as well as to track the User’s activities through statistical features. This Personal Data may also be cross-referenced with publicly available information about the User (such as social network profiles) and used to build private profiles that the Data Controller may view and use to improve this Website.
Some of these services may also allow the scheduled sending of messages to the User, such as emails based on specific actions taken on this Web Site.
ActiveCampaign is a User database management service provided by ActiveCampaign, Inc.
Personal Data processed: email address; Trackers; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy.
This type of service helps the Owner to manage the tags or scripts needed on this Website in a centralized fashion.
This results in the Users’ Data flowing through these services, potentially resulting in the retention of this Data.
Google Tag Manager is a tag management service provided by Google Ireland Limited.
Personal Data processed: Usage Data.
Place of processing: Ireland – Privacy Policy.
By registering or authenticating, Users allow this Website to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Website will be able to access some Data, stored by these third party services, for registration or identification purposes.
The User registers by filling out the registration form and providing the Personal Data directly to this Website.
Personal Data processed: address; company name; email address; field of activity; first name; last name; number of employees; username; various types of Data; website.
Linkedin Oauth is a registration and authentication service provided by Linkedin Corporation and is connected to the Linkedin social network.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy.
This type of service allows this Website and its partners to inform, optimize and serve advertising based on past use of this Website by the User.
This activity is facilitated by tracking Usage Data and by using Trackers to collect information which is then transferred to the partners that manage the remarketing and behavioral targeting activity.
Some services offer a remarketing option based on email address lists.
In addition to any opt-out feature provided by any of the services below, Users may opt out by visiting the Network Advertising Initiative opt-out page.
Users may also opt-out of certain advertising features through applicable device settings, such as the device advertising settings for mobile phones or ads settings in general.
Google Ads Remarketing (Google Inc.)
Google Ads Remarketing is a remarketing and behavioral targeting service provided by Google LLC or by Google Ireland Limited, depending on how the Owner manages the Data processing, that connects the activity of this Website with the Google Ads advertising network and the DoubleClick Cookie.
Users can opt out of Google’s use of cookies for ads personalization by visiting Google’s Ads Settings.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
LinkedIn Website Retargeting is a remarketing and behavioral targeting service provided by LinkedIn Corporation that connects the activity of this Website with the LinkedIn advertising network.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data processed: Cookies; Usage Data.
Place of processing: US – Privacy Policy – Opt Out.
Il monitoraggio conversioni di Google Ads è un servizio di statistiche fornito da Google LLC oppure da Google Ireland Limited, a seconda di come il Titolare gestisce il trattamento dei Dati, che collega i dati provenienti dal network di annunci Google Ads con le azioni compiute all’interno di questo Sito Web.
Dati Personali trattati: Cookie; Dati di utilizzo.
Luogo del trattamento: USA – Privacy Policy.
This type of service allows you to view content hosted on external platforms directly from the pages of this Website and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Font Awesome is a typeface visualization service provided by Fonticons, Inc. that allows this Website to incorporate content of this kind on its pages.
Personal Data processed: Usage Data.
Place of processing: United States – Privacy Policy.
Google Fonts is a typeface visualization service provided by Google Ireland Limited that allows this Website to incorporate content of this kind on its pages.
Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – Privacy Policy.
Google Maps is a maps visualization service provided by Google Ireland Limited that allows this Website to incorporate content of this kind on its pages.
Personal Data processed: Tracker; Usage Data.
Place of processing: Ireland – Privacy Policy.
Information on opting out of interest-based advertising
In addition to any opt-out feature provided by any of the services listed in this document, Users may learn more on how to generally opt out of interest-based advertising within the dedicated section of the Cookie Policy.
Users may exercise certain rights in relation to the Data processed by the Data Controller.
In particular, the User has the right to:
Where Personal Data are processed in the public interest, in the exercise of public authority vested in the Controller or in pursuit of a legitimate interest of the Controller, Users have the right to object to the processing on grounds relating to their particular situation.
Users are reminded that if their Data are processed for direct marketing purposes, they may object to the processing without giving any reason. To find out whether the Controller processes Data for direct marketing purposes, Users may refer to the respective sections of this document.
In order to exercise their rights, Users may address a request to the contact details of the Controller indicated in this document. Requests are filed free of charge and processed by the Controller as quickly as possible, in any case within one month.
This Website uses Trackers. To learn more, Users may consult the Cookie Policy.
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
For operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) or use other Personal Data (such as the IP Address) for this purpose.
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
This Website does not support “Do Not Track” requests.
To find out whether any third-party services used support them, the User is invited to consult their respective privacy policies.
The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Website and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
The individual using this Website who, unless otherwise specified, coincides with the Data Subject.
The natural person to whom the Personal Data refers.
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.
The means by which the Personal Data of the User is collected and processed.
The service provided by this Website as described in the relative terms (if available) and on this site/application.
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookies are Trackers consisting of small sets of data stored in the User’s browser.
Tracker indicates any technology – e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting – that enables the tracking of Users, for example by accessing or storing information on the User’s device.
This privacy policy relates solely to this Website, if not stated otherwise within this document.
Latest update: November 23, 2022
iubenda hosts this content and only collects the Personal Data strictly necessary for it to be provided.
Cookies are text files containing minimal information sent to the browser and stored on the computer, every time you visit a website. At each connection, cookies send information to the reference site. They are used to improve the functionality of the site, allow the user to move easily between pages and to guarantee the user an always optimal browsing experience.
Cookies can be installed:
1) Directly by the controller / owner or manager of the website (first-party cookies)
2) From managers unrelated to the website visited by the user (third-party cookies). Unless otherwise specified, please note that these cookies fall under the direct and exclusive responsibility of the manager. Further information on privacy and their use can be found directly on the websites of each operator
Cookies can be classified into the following categories:
– Technical cookies. These are the cookies that are used to browse or provide a service requested by the user. Without using these cookies some operations could not be performed or would be more complex and less secure. In general, therefore, it is not necessary to acquire the data syubject prior and informed consent. This also includes cookies used to statistically analyze accesses / visits to the site if used exclusively for statistical purposes and through the collection of information in aggregate form.
– Non-technical cookies (profiling and marketing). These cookies are used to track the user’s browsing on the net and create profiles on his tastes, habits, choices and more. Their use on the terminals of the data subjects is prohibited if they have not been adequately informed before and have not given valid consent in this regard. When the installation of Cookies takes place on the basis of consent, this consent can be freely revoked at any time.
You can read the full cookie policy here: https://www.iubenda.com/privacy-policy/7805613/cookie-policy
In accordance with article 13 of the UE regulation 2016/679
THRON Spa (controller), as the processing controller, in accordance with art 13 of the UE Regulation 2016/679 (Privacy regulation) and subsequent amendments and integrations, collect and then processes personal data of its customers and suppliers (data subject)
1. Types of processed data
Personal data subject to processing are:
– Sensitive data: these are special categories of Personal Data related to health, racial or ethnic origin, political opinions, religious or philosophical beliefs or union membership that can be provided through the use of the Services / contract execution.
– Personal data relating to criminal convictions and offences
2. Purpose and method of processing
The updated list of the indicated parties and the Data Processors can be provided by the data subject upon request.
3. Extra-EU data transfer
Personal data will not be transferred to non-EU countries; unless for reasons arising from the execution of the contract, or the fulfillment of legal obligations, a transfer to non-EU countries and / or organizations is necessary, that transfer will take place in compliance with applicable law. The transfers will be made through adequate guarantees, such as adequacy decisions, standard contractual clauses approved by the European Commission or other legal instruments.
4. Data retention period or criteria for determining the period
Personal data of the data subject are kept by the controller for the time necessary to fulfill the purposes referred to in paragraph no. 2 (points 1 to 3), as well as for that prescribed by civil, fiscal and regulatory rules and in any case no longer than 10 years from the termination of the contract.
Regarding the promotional purposes towards customers already acquired (paragraph 2, point 4) the data of the data subject will be processed until the exercise of the right of opposition (activated at the beginning, on the occasion of sending the individual communications and / or through direct contact of the controller) and in any case no later than 24 months from collection.
For the marketing purposes explained in paragraph 2) point 5, the retention period is 48 months from the acquisition of consent.
Once the retention periods have elapsed, data will be anonymized or deleted, unless it is necessary to keep them for other purposes foreseen by express provision of the law.
5. Rights of the data subject.
Article 15 and seq. of the Privacy Regulation give the data subject the right to:
The data subject can exercise his rights by writing to the following email address: privacy@thron.com
In any case, you always have the right to lodge a complaint with the competent Control Authority (Garante per la Protezione dei Dati Personali).
6.Changes to the privacy policy
The controller has the right to modify, update, add or remove parts of this information, by giving notice to the data subjects.
Information updated in September 2020.
1. Definitions
In these General Terms and Conditions the following definitions shall apply:
“Client” means any subject, either legal entity or individual – non-consumer according to EU laws – that consents to these General Terms and Conditions and signs the Order.
“Consulting Services”: consulting services that are described in the Order and provided by staff, contractors and /or third parties which THRON uses.
“Content”: any content (and related versions) such as video, audio, picture, text, document, generic file, link to HTML external page that is uploaded into the Software.
“Devices” means any device, either software or hardware, that gives access to the contents provided by the Software, such as desktop browser, mobile browser, native mobile application.
“Marketplace”: the website managed by THRON where the Clients can activate extensions, connectors or additional services complementary to the Software.
“Operators”: persons authorized by the Primary Contact Person who are granted specific access privileges to the Software such as the right to manage and publish contents, to access reserved contents or specific features;
“Order” means the document describing, among other things, the Software and the Consulting Services THRON offers to the Client and the corresponding fees, terms of payment and the term of the contract. The terms and conditions described in the Order may be integrated and/or amended by following Orders, which will be considered part of the first Order.
“Prepaid Plan (Reserved plan)”: pricing plan that gives Client the chance to reserve a specific quantity of the Software modules for a certain duration;
“Primary Contact Person”: person chosen by the Client within their organization and indicated in the Order, who is appointed main contact person of the Software;
“Recurring Fee” means the sum that the Client has to pay to THRON for the use of the Software for a certain period of time; the 85% of each yearly recurring fee has to be considered as “Activation fee”.
“Software”: software platform delivered by THRON to the Client according to the terms indicated in the Order and uniquely identified by a third level domain name, such as https://name.thron.com.
“Service Level Agreement” or “SLA”: all the qualitative terms of the Software as described in the document attached to these General Terms and Conditions;
“Staging Environment”: additional instance of the Software used as testing or preproduction environments;
“Terms of Use”: terms that govern the use of the add-on modules to “THE INTELLIGENT DAM”;
“THRON”: THRON S.p.A. whose registered office is Via dei Contarini, 5/A – Piazzola Sul Brenta (PD), Italia – VAT. No. 03586990289;
“Upfront Fee”: non-refundable amount of the prepaid pricing plan that the Client pays on signature of the Order and on any Order renewal.
2. Scope
2.1. These General Terms and Conditions shall govern the contractual relationship between THRON and the Client with regard to any provision of the Software and the Consulting Services.
2.2. The Software includes:
a) “THE INTELLIGENT DAM” module (hereinafter DAM), set on the number of total Content monthly stored in the Software;
b) Add-on modules to the DAM, which the Client can purchase separately. The add-on modules are set according to the features described in the corresponding Terms of Use.
2.3. The Client will be charged the monthly fee based on the actual usage/selected configuration of each module according to §2.2
2.4. These General Terms and Conditions and the Order shall prevail on any other document signed between the Parties. In case of conflict between these General Terms and Conditions and the conditions contained in any other document signed by the parties, the first shall prevail.
3. Execution of Contract
3.1. By signing the Order, the Client confirms to have read and accepted these General Terms and Conditions and the attached Service Level Agreement available online.
3.2. These General Terms and Conditions and the attached Service Level Agreement shall govern any future provision of goods and/or services to the Client by THRON.
3.3. Once the Order is complete, the Client shall sign it and send it to THRON, either directly or through intermediaries or agents authorised by THRON.
3.4. The contract shall be deemed to have been entered into when, upon receipt of the signed Order, THRON activates (or confirms the activation in case of trial) the Software pursuant to §5.1.
3.5. If THRON does not want to accept the Order, THRON shall give the Client a written notice within 14 days upon receipt of the said Order.
3.6. THRON reserves the right to modify these General Terms and Conditions at any time notifying the Client 60 days in advance. The amended terms shall become effective upon posting the new version on THRON website. The Client shall be entitled to terminate the agreement according to §4.
4. Term and Termination
4.1. The initial term of this contract will be one month, and it will be automatically renewed for the same period, unless differently agreed by the parties in the Order. Any different agreement on the term and termination of the contract specified in the Order shall prevail. The Client may terminate this Contract at any time by providing THRON written notice of non-renewal at thron@legalmail.it. The Software will be disabled at the end of the following month after the termination notice is received by THRON and the Client will pay all the fees for the services provided until that date.
4.2. The Client may also terminate one or more active Prepaid Plan; in this case, the Client will pay the fees for the service provided until the end of the month when the termination notice is received by THRON.
5. Activation and Access to the Software
5.1. THRON shall send the Primary Contact Person an e-mail containing a safe URL, which is protected by a temporary token, that will enable the Primary Contact Person to first login to the Software. The Primary Contact Person will be thereby able to complete the first login wizard, which gives the possibility to choose and set their own login credentials. From that moment on, the login credentials will identify the sole Primary Contact Person and his identity will be considered as confidential.
5.2. If the Token is stolen, mislaid or lost, the Client shall immediately report the event to THRON Customer Service at support@thron.com.
5.3. THRON shall not be under any liability if the Token is stolen, mislaid or lost.
5.4. The Software will be active as of the Client receives the Token according to § 5.1.
6. Guarantee of the Operational Status of the Software
6.1. The Software will be provided in accordance with the quality standards stated in the Service Level Agreement attached to these General Terms and Conditions.
7. Invoicing and Payment
7.1. The monthly fee for the service provided will be invoiced at the end of each month and payed at 30 days invoice date end of month.
7.2. Any change in the prices shall be notified to the Client. The Client shall be entitled to terminate the agreement according to §4.
7.3. If the Client activates a Prepaid Plan, the first invoice shall include the recurring fee for the service provided, any over usage fees, and the Upfront Fee of the Prepaid Plan. At the end of the following months and until the Prepaid Plan expiration date, THRON will invoice the recurring fee for the service provided and any over usage fees. When the Prepaid Plan expires it will be automatically renewed at the same conditions.
7.4. Each Software module, as described in §2.2, will be available according to the settings chosen by the Client as indicated in the Order or subsequent amendments. According to the modules purchased by the Client, the monthly fee shall include:
a) As to the “DAM” module, the price for the total number of contents measured the last day of the previous month added to the total number of the new contents created on the Software in the reference month;
b) As to the add-on Modules, the price of the selected configuration according to features specified in the Terms of Use of each module.
7.5. The Client is aware that the usage of the Software exceeding the thresholds stated in the purchased Prepaid Plans may result in additional costs. The additional costs will be invoiced to the Client at the end of the month when the over usage occurs.
7.6. The Client can use the Software without any limit of Contents, and of the other parameters of the add-on modules, thus the full Software service continuity is guaranteed. The Client can monitor the status of his monthly consumption at any time by logging into his reserved area.
7.7. Late payments shall accrue interest at the rate set forth in Legislative Decree 231/2002 article 5 of the Italian Law plus 3 points, without the need for a formal reminder.
7.8. When any payment related to the Software is overdue by more than 30 (thirty) days, THRON will have the right to suspend the provision of the Software services and/or to terminate the contract.
7.9. All payments must be made in Euros to the bank account whose details are specified in the relevant invoice.
7.10. Unless otherwise agreed by the parties, any amendment, addition, change or any action affecting the services provided by THRON and agreed between THRON and the Client shall not cause any change to the terms of payment and invoicing stated in this General Terms and Conditions.
8. Staging environments – Invoicing
8.1. The Client can ask THRON to activate one or more Staging environments connected to the Software.
8.2. The prices applied to the services used within the Staging Environments will be the same of the plan purchased by the Client for each module. Their usage will be added to the monthly consumption of the Software, according to the following rules:
a) Usage of the DAM module and of the add-on modules, activated in the Staging Environment will be added to the consumption of each module of the Software, thus making up their total consumption;
b) Extensions and Connectors developed by THRON and that the Client has not purchased yet in the Software will be billed according to the agreed terms;
c) Extension and Connectors developed by THRON and already purchased by the Client and activated in the Software will not be further charged;
d) Extensions and Connectors not developed by THRON, even though previously purchased in the Software, will be billed according to the applicable prices as set forth in art. 15 of the General Terms and Conditions.
9. Consulting Services
9.1. The Consulting Services relate only to the services described in the Order and/or purchased on Marketplace and will be performed in accordance with the terms and the conditions stated therein.
9.2. Throughout the term of this contract, THRON will have the right to independently determine those employees, partners or subcontractors who shall perform the Consulting Services. THRON will also have the right to replace and/or reallocate them during the term of this contract. THRON ensures that the individuals providing the Consulting Services will always have the appropriate technical expertise in order to provide a good performance of the services.
9.3. According to Legislative Decree 81/2008 of the Italian Law and subsequent amendments and supplements, if the Consulting Services are to be provided inside the Client’s premises and/or in an individual production unit and/or in the context of the overall production cycle, and the Client has the legal right of using these places, the Client shall provide THRON’s employees/partners/subcontractors with detailed information about any specific risks related to the environment where they shall operate and the relevant emergency measures adopted. Therefore, the Client shall foster the cooperation and coordination with THRON in order to implement the measures to prevent any work-related injuries caused by the performance of the Assistance.
9.4. According to Legislative Decree 81/2008 article 26 of the Italian Law the Client undertakes to comply with all the applicable workplace health and safety laws and regulations. The Client shall hold harmless and indemnify THRON against any losses, liabilities and claims arising out of the failure to fulfil the above said obligations.
10. Confidentiality
10.1 The terms and conditions of the Order and any other information related thereto are strictly confidential and the parties of this contract shall not disclose them to any third party. The parties of this contract shall keep the Confidential Information confidential and shall limit the access to Confidential Information to those of their employees, contractors and agents who need such access for the purposes of this contract.
11. Intellectual property
11.1. This contract does not transfer to the Client any rights on graphics, trademarks, patents and other intellectual property of any kind related to the Software, which must not be altered, removed or copied.
11.2. This contract does not grant either party any implicit right, or any other right, to the other party’s content or to any intellectual property of that party. The Client owns all intellectual property rights in its own data and THRON owns all intellectual property rights in connection with the Software. This contract does not transfer from THRON, or any other third-party licensor, to the Client any intellectual proprietary right on the Software, on other software, on source codes or on any other document and data relating thereto.
11.3. The client is forbidden to translate, modify, re-engineer, decompile, disassemble and / or alter the source code of the Software Cloud and of the software and any other program made available to the Client by THRON. It is also forbidden to sell and distribute the Software Cloud.
12. The Client’s Representation
12.1. The Client represents that it executes the contract as a professional or an entrepreneur.
12.2. The Client expressly represents that it has received and examined all the documents relating to the Software and he knows all parts thereof. Link: thron.com and help.thron.com.
13. Customer Service
13.1. THRON shall, directly or through any intermediary, provide the technical support for the Software and for the equipment possibly furnished by THRON and related to the Software (hereunder, “Customer Service”), in accordance with the terms and conditions described in the attached Service Level Agreement.
14. Warranties – Limitation of Liability
14.1. THRON only warrants that the Software will substantially conform to the specifications stated in the Order.
14.2. Except as expressly forbidden by the applicable law, THRON will not be liable for any direct, indirect, incidental, special, consequential or exemplary damage (including any sanction, loss of profit or reputational damage) occurring to the Client or any third party arising in connection with the use of the Software and/or the use of the equipment possibly furnished by THRON and/or the Consulting Services. THRON will not also be liable for any damage occurred as a result of any suspension of the Software, arising from not having used the Consulting Services or the equipment furnished by THRON or resulting from the loss of the Software login credentials.
14.3 Except as expressly forbidden by the applicable law, THRON will not be liable for (a) any damage claimed by third parties against the Client, (b) any loss, damage or theft of the Client’s data or third parties’ data, as a result of data interception activities not caused by THRON, or (c) any loss or damage suffered by the Client as a result of the incompatibility of the Client’s equipment or applications with any part of the Software and/or the equipment furnished by THRON.
14.4. Considering the above and except as expressly forbidden by the applicable law, if the Client opts for the “Enterprise Profile” Customer Service, the Client’s sole remedy for any unavailability, non-performance or other failure by THRON to deliver the Software is to receive a Service Credit, as compensation, in accordance with the terms of the SLA.
14.5. When the remedy provided by §14.4 does not apply, THRON’s liability will be limited to the amount the Client pays under this contract for the delivery of the Software in the 6 months preceding the event that caused the damage.
14.6. The Client acknowledges that the localization service used for analytics purposes or for restricting the access to contents, referred to below as Geolocalization, Geoblocking or Geofiltering, is based on third party databases that chart the IP address supplied by the provider of Device connectivity and the Country; THRON will not be liable for any error, lack of information or other collateral effects caused by the inaccuracy of Geoblocking data.
14.7. Any claim shall be submitted within 8 days of the discovery of the faults of the Software and/or the equipment furnished by THRON. To be eligible, the claim must include the description of the fault and the relevant documents that prove THRON’s liability.
15. Purchases on Marketplace
15.1. The Client acknowledges that these General Terms and Conditions apply to any THRON’s or third-party’s service, extensions and connectors for sale or available for free on Marketplace with the purpose of widening the extent of use of the Software, together with the relevant specific licensing terms published on Marketplace.
15.2. The following article 16 applies to any third-party’s extensions, connectors and services.
16. Third Party’s Extensions and Connectors
16.1. Third-party extensions and connectors, (hereinafter, “Additional Services”), such as hardware, software applications, plugins, may be made available to the Client as part of the Software. The Client acknowledges that the usage of the Additional Services is at their own discretion and risk and that they will be solely responsible for any damage resulting from such services.
16.2. The Client is solely responsible for adequate protection and backup of the data used in connection with any of the Additional Services. THRON will not be liable for: (i) the contents of the Additional Services, (ii) any delay, interruption and/or error in the provisions of the Additional Services, (iii) any damage that the Client may suffer in connection with downloading, installing, using and/or modifying such Additional Services. No advice or information, whether oral or written, obtained by the Client from THRON shall constitute any warranty for the Additional Services.
16.3. THRON shall have no liability for any defect and/or failure of the Software caused by the Additional Services and the Client shall not be entitled to any indemnity or reduction in fees for the Software.
17. Client’s Liability
17.1. While using the Software and the equipment possibly furnished by THRON the Client shall not:
a) share contents that violate or infringe any third-party right(s) (including without limitation any intellectual property, personal or contractual rights) by using the Software;
b) share any blasphemous, obscene, defamatory, illegal or harmful data and/or information, or share any data and/or information that violates or infringes any third-party right(s) and/or any applicable laws or regulations;
17.2. If the Client becomes aware that the Software or part thereof is being used fraudulently or for illegal purposes, the Client must immediately inform THRON, providing any information thereof.
17.3. The Client is fully liable:
a) for any communication sent using the Software;
b) for any information and document given to THRON in order to receive the Consulting Services;
c) for the activation of additional software components, which may affect the Software and the services provided under this contract or alter the configuration registers.
17.4. In any case, the Client will indemnify and hold harmless THRON from and against any claim, damage, loss, liability arising out of the Client’s incorrect use of the Software and/or the equipment possibly furnished by THRON and/or the Consulting Services.
18. References
18.1. The Client gives THRON the consent to use its name in connection with this contract for promotional and marketing purposes. The Client gives THRON the consent to use its logo, its brand and any other trademark it owns.
18.2. Unless specifically authorized by the Client, THRON cannot use the Client’s name, logo, brand and other trademark in order to create a case history to be published on THRON’s website.
19. Express Termination Clause
19.1. When the Client fails to meet one of his obligations described in the Order, or in the following articles: 7. (Invoicing and Terms of Payment), 10. (Confidentiality), 11. (Intellectual property) and 17. (Client’s liability), THRON will have the right to immediately terminate this contract by notifying the Client of its will to exercise the said right.
20. Termination of Contract
20.1. Upon expiration or termination, for any cause, of this contract any THRON’s obligation related to the provision of the Software and the storage of Client’s digital contents will terminate.
20.2. Namely, the Client acknowledges and agrees that all its data, information and contents uploaded on and stored in the Software will be erased by THRON after thirty days following the termination of this contract. This data erasing process will terminate in thirty days. Therefore, in order to preserve all its data, information and contents, the Client must download them within thirty days following the termination of this contract.
21. Appointment of THRON as Data Processor
21.1 For the purposes and the execution of this contract, the parties will have access and will process personal data of the data subjects; the Client acts as data controller under European Regulation 2016/679 (“GDPR”). In compliance with 2016/679 Regulation, the Client appoints THRON as the Data Processor for the personal data of subjects, in relation to any the processing necessary for the execution of this contract.
21.2 The appointment as Data Processor will be effective until this contract terminates for any reason. At the end of this contract, the Customer will have 30 days to download processed data, then the data will be deleted without the possibility of recovery, in compliance with current legislation.
21.3 THRON will carry out any data processing on behalf of the Client, as external processor of data, in accordance with the applicable rules and the services described in this contract.
21.4 Namely, THRON shall:
a) as the Data Processor, process the data received by the Data Controller, or any other data under this contract, in compliance with this contract obligations and the national and EU legislation;
b) appoint the persons in charge of the data processing, give them instructions for the performance of their duties and monitor their activities;
c) inform the Data Controller of any request, order or supervision coming from the relevant Data Protection Authority, or any other judicial or administrative authority related to the data processing activities carried out by the Data Processor on behalf of the Data Controller;
d) Undertake to provide adequate physical, technical and organizational security measures to protect the personal data given by the Data Controller. By means of such security measures, THRON shall keep and control the personal data in such a way as to minimize any risk of destruction or loss of data, whether by accident or not, of unauthorized access to the data or of processing operations that are either unlawful or inconsistent with the purposes for which the data have been collected with the purpose of ensuring that these treatments will be managed in the safety and security conditions provided for by the European Regulation 2016/679;
e) properly select the system administrators on the basis of their experience, capability and reliability in order to guarantee compliance with the applicable provisions in personal data processing and data security;
f) monitor, at least once a year, the activities carried out by the system administrators and their compliance with the organisational, technical and security measures provided by law concerning the data processing;
g) adopt a series of systems able to record the access to processing systems and to electronic databases performed by the system administrators;
h) retain personal data no longer than is necessary to fulfil any contractual obligation and duty and, in any case, no longer than the term of this contract, including deferments and extensions thereof, except when it is required by law, regulation or a judicial order;
i) collaborate with the Controller and the Authorities to process the requests of data subjects and shall guarantee the possibility to exercise and take care of the applications of the rights provided for by the art. 12-22 of the European Regulation 2016/679, informing the Data Controller when a stakeholder exercises these rights.
21.5 The Client has the right to request any amendment and/or addition to this mandate when it becomes necessary due to the introduction of new provisions of law, regulations or provisions adopted by the administrative or judicial authorities in connection with the personal data protection.
22. Applicable law and competent jurisdiction
22.1. The laws of Italy govern this contract and any dispute of any sort that might arise between the Client and THRON. Any dispute related to the Software or to this contract will be adjudicated in the court of Padua. The Client consents to exclusive jurisdiction and venue in this court.
These Terms of Use shall govern the contractual relationship between THRON and the Client regarding any provision of the available additional modules (hereinafter, “Modules”).
1. Definitions:
The definitions listed in § 1 of THRON General Terms and Conditions shall apply also to these Terms of Use. In case of conflict, the following definitions shall prevail:
“Main Contract”: the contract signed by THRON and the Client that govern the provision of the Software according to what set forth in § 3 of THRON General Terms and Conditions.
“Client’s Data”: any digital private data, content or information uploaded into the Software by the Client or by any third party acting in the name and on the behalf of the Client.
“Module”: any software application, add-on/plug-in, update, and, in general, any product or service that could be integrated to the Software and that it is governed by these Terms of Use.
2. Execution of Contract
2.1. By signing the Order, the Client confirms to have read and accepted THRON General Terms and Conditions, the Service Level Agreement and any terms included herein.
2.2. For anything which is not expressly governed by these Terms of Use, THRON General Terms and Conditions shall apply.
3. License
3.1. THRON grants the Client a limited, non-transferable and non-exclusive license to use the Modules according to these Terms of Use.
3.2. The Client acknowledges and accepts that each Module has been designed and created to be an add-on of the Software, therefore, they must be used solely with the Software and within the limits of their features.
3.3. THRON may release periodic updates of the Modules.
3.4. The Client must use the Modules in compliance with the current law and regulations.
4. Client’s Obligation
4.1. The Modules can be used solely by the Client and its Users.
4.2. The Client and its Users must use the Modules for the purposes they have been designed and developed. Other uses are strictly forbidden.
4.3. The Client is forbidden to: (i) copy or reproduce the Modules as a whole or in part; (ii) modify, adapt, translate, distribute, publish, reverse engineer, transcode, decompile or disassemble the Module as a whole or in part, except for what expressly provided by law; (iii) merge and/or connect the Modules, as a whole or in part, to other software not installed on the Software or which have not been downloaded from THRON Marketplace; (iv) grant, lend, lease, rent, sub-license, sell, distribute, make available or otherwise transfer the Modules, as a whole or in part, to any third party, or allow any third party to use them; (v) remove, or in any way delete from the Modules any brand, trademark, copyright or any reservation of rights notice, affixed on or within the Modules ; (vi) develop any product or software application based on the Modules or that are in any way connected to the Modules; (vii) use the Modules to develop and spread viruses, malwares or similar applications.
5. Fees
5.1. The license fees due for each Module are specified in the Order.
5.2. Each Module shall be available according to the configuration selected in the Order and shall be governed by the relevant Terms of Use.
5.3. As to invoicing and payment THRON General Terms and Conditions shall apply.
5.4. When any payment related to the add-on Modules is overdue by more than 30 (thirty) days, THRON will have the right to suspend the provision of the Modules and/or to terminate the contract without prejudice to claim for further damages.
6. Amendments to the Terms of Use
6.1. THRON reserves the right to modify these Terms of Use at any time.
6.2. The Client shall be promptly notified about the amendments referred to § 6.1.
6.3. The Client has the right not to accept the amendments and to terminate the contract according to the provisions of THRON General Terms and Conditions.
7. Specific Approval of Clauses according to articles 1341 and 1342of the Italian Civil Code
7.1. The Client represents that it specifically approves the following clauses: 5 (Fees); 6 (Amendments to the Terms of Use).
ELASTIC MEDIA DELIVERY (Integrated Delivery) is the additional Module of the INTELLIGENT DAM Platform that enables the Client to publish all content from a single starting point across all systems.
1. Definitions:
“Traffic”: amount of data expressed in GB generated by the Software transmission of contents and data.
2. License:
ELASTIC MEDIA DELIVERY is set on monthly GB of traffic.
The Client can use ELASTIC MEDIA DELIVERY without any limit of Traffic, thus the full Software service continuity is guaranteed. The Client can monitor the status of their monthly consumption at any time by logging into their reserved area.
3. Fees:
ELASTIC MEDIA DELIVERY fee shall include the price for the data delivery Traffic generated by the Module in the reference month.
CONTENT INTELLIGENCE is the additional module of the INTELLIGENT DAM Platform that allows the Client to measure content performance.
1. Definitions
“View”: any user or device interaction with the Software related to content view, content download and call-to-action execution that enriches the information processed by the Content Intelligence engines.
2. License
CONTENT INTELLIGENCE is set on the number of monthly views.
The Client can use the Software without any limit of Views, thus the full Software service continuity is guaranteed. The Client can monitor the status of their monthly consumption at any time by logging into their reserved area
3. Fees
CONTENT INTELLIGENCE fee shall include the price for the number of Views registered by the Software in the reference month.
INTELLIGENT PIM is the additional module to the INTELLIGENT DAM that allows the connection of multimedia contents with product information.
1. Glossary
SKU: digital entity that represents the single product within the Platform.
2. License
The INTELLIGENT PIM module is sized according to the number of SKUs or to a fixed fee.
3. Fees
The monthly fee for the INTELLIGENT PIM Module, as indicated above, will be:
a) based on the number of total SKUs for the last day of the previous month added to the number of SKUs created in the month
b) fixed fee
CHINA DELIVERY is the additional module of the INTELLIGENT DAM Platform which allows the Client to simplify the infrastructure that manages the distribution of multimedia content across Chinese territory.
1. Definitions
“Traffic”: amount of data expressed in GB generated by the Software transmission of contents and data through the domain THRON.CN and its aliases.
2. License
CHINA DELIVERY is set on monthly GB of traffic.
The Client can use CHINA DELIVERY without any limit of Traffic, thus the full Software service continuity is guaranteed. The Client can monitor the status of their monthly consumption at any time by logging into their reserved area.
3. Fees
CHINA DELIVERY fee shall include the price for data delivery Traffic generated by the domain THRON.CN in the reference month.
MULTIMEDIA PROXY is an additional module of the Intelligent DAM Platform which allows the Client to reduce the bandwidth consumption derived from live and on-demand content usage.
1. Definitions:
“Master”: primary license granting the Client Internet access enabling content acceleration.
“Slave”: secondary license connected to a Master license enabling the Client to accelerate content.
2. License
MULTIMEDIA PROXY is set on the number of Master and Slave licenses purchased.
3. Fees
MULTIMEDIA PROXY fee shall include the price for the number of Master and Slave licenses purchased.
CREATIVE LIBRARY is the additional module of the INTELLIGENT DAM Platform which allows the Client to streamline the operations of authors and content editors, thanks to the ability to edit content in THRON from desktop software while the cloud archive is always synchronized with the latest version.
1. Definitions
“Creative Library Users”: persons authorized by the Software Administrator who are granted specific access privileges to the Software such as the right to manage contents and to access the Software by means of THRON Creative Library.
2. License
CREATIVE LIBRARY is available in two versions:
3. Fees
Personal License fees corresponds to the unit price of the license multiplied for the number of licenses activated.
The unlimited license fee, instead, is a flat fee.
THRON shall have the right to update at their sole discretion this Service Level Agreement (hereunder “SLA”). Any amendment to this SLA shall become effective upon receipt of the notice of amendment by the Primary Contact Person by means of:
a) A pop-up warning immediately after the conclusion of the login authentication process;
b) An email with read receipt sent to the email address associated to the Primary Contact Person of the Client Account.
The Client shall have the right to terminate the Contract according to the provisions set forth in article 4 of THRON’s General Terms and Conditions.
1. Definitions
1.1. In addition to the definitions contained in THRON’s General Terms and Conditions (hereunder, “General Terms and Conditions”), for the purpose of this Service Level Agreement (hereunder, “SLA”) the terms listed below shall have the following meanings:
a) “Service Credit”: a portion of the annual fee that may be refunded to the Client following a request for compensation in the event of failure to reach the stated service level.
b) “Response Time”: the amount of time THRON Customer Service takes to respond to service-related requests submitted by the Client.
2. Scope of the SLA
2.1. This SLA is an appendix to the General Terms and Conditions and, as such, constitutes an integral and substantial part thereof.
3. Level of Service
3.1. Suspension of the Service means the temporary unavailability of the Software.
3.2. THRON reserves the right to temporarily suspend the Software in order to perform ordinary and/or extraordinary maintenance activities on the Software and/or on other products and software delivered. THRON shall provide adequate notice of this suspension to the Client and, as far as possible, inform the Client about the expected term of the suspension.
3.3. Except for maintenance services that cannot be otherwise delayed, THRON shall carry out ordinary and extraordinary maintenance works during the night (CET Time Zone).
3.4. THRON guarantees an annual uptime percentage of at least 99.9%. The annual uptime percentage shall be calculated according to the following formula: 24 hours x 365 days = 8.760 hours, which means that 8.751 hours per year of Software availability are guaranteed, except as provided in §§ 3.5, 3.6 and 3.7 below.
3.5. THRON will have the right to temporarily suspend the Software, even without giving any notice in advance:
a) in case of force majeure events;
b) when required to do so by any governmental, judicial and/or administrative order;
c) if any amount payable for the Software is overdue by more than 30 (thirty) days, in accordance with the General Terms and Conditions;
d) if the Client breaks Netiquette rules (correct use of internet);
e) in case of inappropriate, incorrect, fraudulent or unlawful use of the Software by the Client.
3.6. THRON shall not be liable for the Suspension of the Service due to the events stated in § 3.5 and, as a consequence, the resulting period of Suspension of the Service shall not be taken into account for determining the total period of unavailability of the service as a basis for calculating the actual availability of the Software in accordance with §4.
3.7. THRON will be exempt from any contractual and/or non-contractual liability for direct and/or indirect damages that the Client, and/or any subject directly or indirectly related to him, may suffer as a result of the Suspension of the Service provided for in § 3.5.
4. Customer Service Profiles
4.1. THRON Customer Service shall support the Client in using the Software and in case any malfunction, service fault and/or anomaly might adversely affect the use of the Software by the Client.
4.2. Any report sent by the Client to THRON Customer Service will be categorized as:
a) INCIDENT: any notification about Software malfunctioning, service fault and/or anomaly;
b) ENQUIRY: request for information about the use of the Software or its features;
c) TASK: request to carry out an activity not included in the contract (i.e.: adding users, changing permissions, content massive imports).
4.3. Any incident report will be classified depending on the following priority levels:
a) URGENT: the Software is unavailable or mostly of its main features are not available (i.e.: login not available, content delivery not available);
b) HIGH: one or more Software main features’ behaviour is incorrect or particularly slow (i.e.: conversion, download, sharing, tagging, asset tracking);
c) NORMAL: one or more Software minor features’ behaviour is incorrect or abnormal, but the Software usage is not significantly affected;
d) LOW: minor bug notification that do not affect the Software usage;
4.4. In the Order the Client shall choose between three different Customer Service profiles (Standard, Business, Enterprise):
a) STANDARD: available 5 days a week (from Monday to Friday), excluding Italian public holidays, from 08.30 a.m. to 12.30 p.m. and from 2.00 p.m. to 06.00 p.m. according to CET Time Zone. The Response Time threshold is indicated in the chart below.
b) BUSINESS: available 5 days a week (from Monday to Friday), excluding Italian public holidays, from 08.30 a.m. to 06.00 p.m. according to CET Time Zone. The Response Time threshold is indicated in the chart below.
c) ENTERPRISE: available 24 hours a day, 7 days a week, 365 days a year. The Response Time threshold is indicated in the chart below.
| Response Time | |||
| STANDARD 5/7 – 8:30-12.30 14:00-18:00 CET | BUSINESS 5/7 – 8:30-18:00 CET | ENTERPRISE 7/7 – 24H | |
| URGENT | 24h | 4h | 30 min |
| HIGH | Best Effort | 8h | 1h |
| NORMAL | Best Effort | 16h | 4h |
| LOW | Best Effort | 24h | 8h |
| REQUESTS/ ENQUIRIES business time only | Best Effort | 8h | 4h |
5. Troubleshooting
5.1. The troubleshooting procedure consists of the following phases:
a) Receipt of a report
If the Software is not available and/or does not work according to § 4.1 the Client shall ask for support via e-mail to support@thron.com, via online ticketing on help.thron.com, writing to a live chat operator (only in working hours). In accordance with the agreed time frame THRON will check the reported faults, examine them and carry out the relevant triage procedures.
b) Diagnosis
After receiving the Client’s report, THRON Customer Service seeks to identify the characteristics of the reported problem and to diagnose the nature of the fault. THRON Customer Service will then open a ticket according to the Customer Service profile chosen by the Client, assign an ID number to it, and tag it on the basis of the report type and the priority level. This phase terminates by notifying the Client of the ticket information via email or in the specific area of the Help portal.
c) Fault correction
Once the reported fault has been identified, and the necessary information has been collected, THRON Customer Service will independently start the troubleshooting and provide the Client with a temporary workaround solution for restoring the correct usage of the Software until the fault will be definitely resolved, thus reducing the ticket priority level.
d) Resolution time (only for Enterprise Profile)
If the reported fault has not been resolved and a workaround has not been provided to the Client after 2 hours (for urgent incident reports) or 4 hours (for high priority Incident reports), THRON Customer Service will inform the Client about the estimated time needed to resolve the fault.
e) Closing the ticket
Once the correct functioning of the Software has been restored, THRON Customer Service will inform the Client that the reported problem has been resolved. At any time the Client can re-open the ticket by indicating the ID number.
6. Backup of data and protection of contents
6.1. In order to ensure the data security and integrity and to allow the Client to recover any lost data, the Software shall perform the following functions:
a) Data Encryption.
The files sent by the Client and the relevant results of the automatic processing carried out by the Software are stored using Advanced Encryption Standard (AES) 256, with a 256-bit symmetric key.
b) Transmission Encryption.
The Client is allowed to activate the encryption of the transmission channel using the HTTPS protocol and to limit the data distribution by means of that encryption protocol.
c) Information redundancy.
The Client’s data is stored in replicated form in a number of physically separated datacentres.
d) Backup and protection systems against accidental deletion.
The Software offers different levels of protection against the accidental loss of contents.
i) Recycle bin: there is an application system to prevent the data deletion known as the “recycle bin”. The recycle bin operates both at User level and at system level. The Client will choose for how long the contents will remain stored in the recycle bin.
ii) Backup: a backup system with a 15-day-retention is active for login information, transmitted contents and relevant metadata. Backup is performed on several supports including optical and magnetic supports and distributed across a number of datacentres.
iii) Restore: the Client is allowed to request data restoring by contacting THRON Customer Service. This recovery procedure will normally be carried out within 8 working hours, and as fast as possible. THRON will tell the Client the restoring schedule time after time.
7. Retention of Content Intelligence Data
7.1. All information related to the usage of contents made by Users, gathered for analytics reporting and Content Intelligence purposes, shall be stored for 24 months, unless otherwise agreed between the parties in the Order.
8. Contacts
8.1. THRON Customer Service can be reached via:
a) E-mail: support@thron.com.
b) Website: help.thron.com.