MyWoWo Legal Information

Information requirements for distance contracts pursuant to Art. 49 of the Italian Consumer Code:

The service "MyWoWo" provides for free the access from smartphones, tablets, and PCs to audio guides relating to the natural beauty, landscape, and art of certain cities and towns. The right to access the audio guides listed in the catalog shall be granted. The contract is concluded for an indeterminate amount of time.

When subscribing, by clicking the "Install" button highlighted in green, you declare:

  • to have taken note of the information pertaining to the processing of personal data;

This document defines the general conditions (hereinafter referred to as "General Conditions") governing the use of the website https://mywowo.net (hereinafter "Website") by any person who accesses the same (hereinafter the ''User", indifferently used in the singular or plural) and the use of all services provided through the Website (hereinafter collectively referred to as the "Services"). These Services are provided by MyWoWo S.r.l. (MyWoWo), an Italian company based in Via Marconi, 34 - 24068 Seriate (BG), registered with the Chamber of Commerce, Industry, Handicraft, and Agriculture of Bergamo, Bergamo Companies Register - ordinary section, enrollment date 02/08/2017, Economic and Administrative Repertory number BG - 443941, Tax Code and VAT No. 04201270164. MyWoWo is authorized to manage the domain name https://mywowo.net

 

Key updates

The respect for the privacy of our Users is inherent in our DNA. From the moment we created MyWoWo, our goal has always been to create Services that offer a high level of privacy. In our Terms and Privacy Policy you can find:

  • Easier to understand information. Our updated Terms and Privacy Policy are easier to understand.
  • Nothing shared by Users on MyWoWo, including messages, photos, and account information, will be published by MyWoWo on any social network or other applications beyond MyWoWo for consultation by others.

 

MyWoWo Terms of Service

MyWoWo is a service provider offering audio guides and other types of services for users worldwide. Please read the Terms of use to understand what the use of MyWoWo involves. By installing, accessing or using our application, services, features, software or Website (collectively the "Services"), you accept the "Terms of Use" ("Terms").

 

Information about our services

Registration. To register for our Services, Users must use correct data and in case of changes, update the same using the feature within the application. Users agree to receive codes to register for our Services via text messages and/or telephone calls (by us or by a third-party supplier).
Contacts. Users will provide, if necessary, the phone numbers of other contacts in their contacts list. Users confirm to be authorized to provide these numbers to allow us to provide our services.

Age. Users must be at least 18 years of age to use the Services (or above or below this as per the age required in your country to be authorized to use our Services without parental consent). Any downloads of the application carried out by those under the age of 18 have taken place with parental consent.

Devices and software. Users must be in possession of certain devices, software and data connections to use our Services, which cannot be provided otherwise. For as long as Users use our Services, they agree to download and install our Service updates, also automatically.

Costs and fees. Users are responsible for their operator's data plan and other costs and fees associated with the use of our Services. We reserve the right to refuse or cancel orders.

 

Privacy Policy and User data

Users' privacy is important to MyWoWo. The Privacy Policy of MyWoWo describes our procedures relating to information (including messages), including the types of information we receive and collect from Users and how we use and share that information. Users accept our procedures relating to data, including the collection, usage, processing and sharing of Users' information as per the description contained in our Privacy Policy.

 

Using our Services

Terms and Information. Users must use our Services in accordance with our Terms and published guidelines. If a User's account is disabled due to a violation of our Terms, the User agrees not to create another account without our permission.

Use in accordance with law. Users must access our Services and use them exclusively for authorized purposes which are compliant with the law. Users undertake not to use (or assist third parties in using) our Services in ways that: (a) violate or fail to comply or improperly use MyWoWo's rights, or the rights of our Users or third parties, including privacy, publication, intellectual property, or other industrial property rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, discriminatory or offensive towards a race or ethnic group, or promote or encourage illegal or inappropriate behavior, including the promotion of violent crimes; (c) involve the publication of false or deceptive content or misleading statements; (D) impersonate another person; (e) involve the sending of illegal or unauthorized communications such as mass messages, automated messages, calls from automated systems, or the like; (f) involve the use of our Services on a professional basis, except as expressly envisaged by us.

Damages to MyWoWo or to Users. Users must not (nor should they assist third parties to) access, use, modify, create derivative works, distribute, license, sub-license, transfer, display, perform or otherwise exploit our Services in a manner that is not permitted or authorized, or that damages, impairs or harms us or our Services, systems, users or third parties, including, directly or automatically, and must not: (a) reconstruct, alter, modify, create derivative works, deconstruct, or derive source code from our Services; (b) send, store, or transmit viruses or other malicious codes for computers through our Services or within them; (c) obtain or attempt to obtain unauthorized access to our systems or Services; (d) interfere with the performance of our Services or their integrity; (d) create accounts for our Services through unauthorized or automated tools; (f) collect information from our users or those regarding them in non-permitted or unauthorized manners; (g) sell, resell, lease, sub-license or charge money for the use of our Services; (h) distribute or make our Services available via a network that allows their simultaneous use by multiple devices.

Keeping your account secure. Users are responsible for the security of their devices and MyWoWo account and are required to immediately inform us of any unauthorized use or violation of the security of their account or our Services.

 

Third-Party Services

Our Services allow access, use or interaction with Websites, applications, content and other products and third-party services. For example, Users may choose to use third-party backup services integrated with our Services, or interact with a sharing button on a third-party Website that allows Users to send information to their MyWoWo contacts. Please note that when using third-party services, Users agree to the terms and privacy policies that govern their use.

 

Licenses

Users' Rights. MyWoWo does not claim ownership of information sent by Users in connection with their MyWoWo account or through our Services. However, Users should be entitled to use the information they submit in connection with their MyWoWo account or through our Services. By uploading such information to our Website, the User grants its use and license to MyWoWo according to our Terms, as reported below in the paragraph: "License to MyWoWo".

MyWoWo's Rights. MyWoWo owns all copyrights, trademarks, domain names, logos, brands, business secrets, patents, and other intellectual property rights associated with our Services. Users are not allowed to use our copyrights, trademarks, domain names, logos, brands, patents, and other intellectual property rights.

License to MyWoWo. In order for us to make our Services available and provide them, Users grant MyWoWo a global, non-exclusive, free license, which can be further granted by MyWoWo as a sub-license and transferable license to use, reproduce, distribute, create derivative works, display, and perform the information (including its contents) that they upload, send, store or receive on our Services or through them.

License from MyWoWo. MyWoWo grants Users a limited, revocable at any time and without notice, non-exclusive, non-sublicensable and non-transferable license for the use of our Services and in accordance with our Terms. This license is for the sole purpose of allowing the use of our Services in the manners permitted by our Terms. No license or right is hereby granted outside of what is expressly laid down herein.

 

Reporting copyright, trademark and other intellectual property rights' infringement

To report violations of copyright, trademarks and other intellectual property rights, we invite Users to consult the section Intellectual property protection. MyWoWo reserves the right to disable an account for the infringement of intellectual property rights of others.

 

Disclaimers

THE USE OF THE SERVICES IS AT USERS' OWN RISK AND IS SUBJECT TO THE FOLLOWING DISCLAIMERS. OUR SERVICES ARE PROVIDED IN FACT AND IN LAW AS IS, WITHOUT EXPRESS OR IMPLIED GUARANTEES, INCLUDING, BUT NOT LIMITED TO, GUARANTEES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND LACK OF VIRUSES OR OTHER HARMFUL CODES FOR COMPUTERS. WE MAKE NO GUARANTEE AS TO THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE INFORMATION, OPERATION, ABSENCE OF ERRORS, THE SECURITY, PROTECTION OR OPERATION OF OUR SERVICES WITHOUT INTERRUPTIONS, DELAYS, OR DEFECTS. WE HAVE NO CONTROL OVER NOR ARE WE RESPONSIBLE FOR CONTROLLING THE METHODS OR TIME IN WHICH THE SERVICES OR FEATURES ARE USED, NOR THE SERVICES AND INTERFACES PROVIDED BY OUR SERVICES. USERS EXEMPT US, OUR SUBSIDIARIES AND AFFILIATES, AND OUR AND THEIR MANAGERS, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS (COLLECTIVELY, THE "MYWOWO PARTIES") FROM ANY CLAIM, ACTION, LEGAL ACTION, DISPUTE OR PROCEEDINGS (COLLECTIVELY, THE "CLAIMS") AND DAMAGES, KNOWN AND UNKNOWN, RELATED TO, ARISING FROM OR CONNECTED IN ANY WAY TO CLAIMS THAT USERS MAY HAVE AGAINST THIRD PARTIES.

 

Limitation of liability

THE MYWOWO PARTIES WILL NOT BE LIABLE TO USERS FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR ACCIDENTAL DAMAGES RELATED TO, ARISING FROM OR CONNECTED TO OUR TERMS, US OR OUR SERVICES, EVEN IF THE MYWOWO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. NONE OF WHAT IS ENVISAGED HEREIN CAN HAVE THE EFFECT OF LIMITING OR EXCLUDING MYWOWO'S LIABILITY FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE AS PER ART. 1229 OF THE ITALIAN CIVIL CODE, OR TO DEPART FROM ANY AND ALL OTHER LAWS IN FORCE, IF AND TO THE EXTENT THAT THE SAME CANNOT BE LEGALLY WAIVED BY LAW.

 

Indemnification Obligation

Users agree to indemnify and hold the MyWoWo Parties harmless from any type of liability, damages, losses and expenses (including reasonable legal fees and expenses) relating to, arising out of or regardless connected to the following: (a) their access to, or use of, the Services, including uploading digital content to the Website; (b) their alleged or actual violation of the Terms; (c) any false or misleading statements made by Users. Users agree to cooperate as we request in the defense or settlement of any dispute.

 

Resolving disputes

Applicable Law and Jurisdiction. Our Terms and any disputes between Users and MyWoWo are regulated by Italian law. For any and all disputes, the competent Court shall be that of the User, as per the Italian Consumer Code (Italian Legislative Decree of September 6, 2005, n. 206 and as amended), with the prior implementation of a compulsory attempt at conciliation, as per the User's Co.Re.Com. and according to the National Regulatory Agency Regulation no. 173/07/CONS and subsequent amendments.

 

Service availability and outages

Availability of our Services. Our services may be suspended or interrupted, including for maintenance, repairs, upgrades or problems associated with the network or third-party devices. MyWoWo reserves the right, at any time, to no longer provide some or all of the Services, including specific features and support for some devices and platforms. Our Services may be affected by events beyond our control, such as natural disasters and other force majeure events.

Termination. MyWoWo reserves the right to modify, suspend, or no longer allow Users access to the Services or their use at any time and for any reason, for example in cases where the form and substance of our Terms have not been respected or create hazards, damage, or possible legal consequences for us, our Users, or third parties. The following provisions shall continue to remain in force even after the termination or expiration of the contract with MyWoWo: "Licenses", "Disclaimers", "Limitation of Liability," "Indemnification Obligations", "Resolving disputes", "Service availability and outages" and "Other provisions".

 

Other provisions

  • Unless otherwise determined by a signed agreement between the User and MyWoWo, our Terms represent the entire agreement relative to MyWoWo and our Services and supersede any prior agreements.
  • MyWoWo reserves the right to ask the User to accept additional terms in the future for certain Services, which will prevail in case of conflict between our Terms and such additional terms.
  • Our Services are not intended for distribution, nor use in countries where such distribution or use does not comply with local laws or would subject us to respect the regulations of other countries. MyWoWo reserves the right to limit its Services in any country.
  • Users agree to not use or download our Services if they are located in a restricted country, in a country currently listed in the "restricted party list" of the United States or other countries, or for any purpose prohibited by Export Laws, or using a proxy IP or other methods to disguise their position.
  • These Terms were originally drafted in Italian. Translated versions are provided for informative purposes only. If a conflict arises between any translated versions of our Terms and the Italian language version, the Italian version shall prevail.
  • Any amendment or waiver of these Terms requires our explicit consent.
  • MyWoWo reserves the right to modify or update these Terms. We will communicate the changes in the manner deemed most appropriate and will update the date of the "Last modification" at the top of the Terms. Users' continued use of the Services results in the acceptance of the Terms as modified. If Users do not accept the modified Terms, they must discontinue use of the Services. We recommend the periodic consultation of our Terms.
  • All of our rights and obligations specified in these Terms may be freely transferred by us to our subsidiaries in the event of a merger, acquisition, restructuring or sale of assets, succession prescribed by law, or other operation. MyWoWo also reserves the right to transfer the User's information to its affiliates, to those who are entitled, or to a new owner.
  • Users agree not to transfer any of their rights or obligations specified in these Terms without our specific prior written consent.
  • Subject to the provisions contained herein, the Terms do not grant any rights to third parties.
  • Failure to enforce any part of these Terms does not in any way constitute a waiver.
  • If any provision of these Terms were to be deemed unlawful, void, or for any reason unenforceable, the validity and enforceability of the remaining provisions of these Terms will not be prejudiced in any way.
  • The Terms have not made any exceptions to the laws for the protection of consumers and users, nor to other mandatory provisions under Italian law.

 

Consultation of the MyWoWo Terms in different languages

To read the MyWoWo Terms in another language, you must change your relative MyWoWo session settings. If the Terms are not available in the selected language, they will be displayed in English by default.
More information on the use of the Services is available in the following documents:

MyWoWo Privacy Policy
MyWoWo Intellectual Property Protection
MyWoWo Brand Guidelines

 

Privacy Policy on processing personal data (art. 13 of Italian Legislative Decree 196/2003)

MyWoWo S.r.l., as the data processing Controller of your personal data, pursuant to and by effect of Italian Legislative Decree of June 30, 2003 no. 196 ('Code concerning the protection of personal data'), hereinafter the 'Privacy Code', hereby informs you that the aforementioned law provides for the protection of persons and other parties in terms of processing personal data and that this processing will be based on principles of fairness, legality, and transparency in order to safeguard your privacy and your rights.

Your personal data will be processed in accordance with the legislative provisions of the aforementioned law and with the privacy obligations prescribed therein.

Purpose of the processing: specifically, your data will be processed to assist in carrying out the following duties linked to legal or contractual obligations:

  • Obligations required by law, also for tax and accounting purposes;
  • Customer management;
  • Information sent electronically;
  • Programming activities

The processing of the functional data to perform such obligations is necessary for the proper management of the relationship and their conferment is compulsory to implement the above-mentioned purposes. Moreover, the Controller hereby states that failing to provide any of the compulsory information or providing incorrect information may make it impossible for the Controller to guarantee that the data itself is processed appropriately.

In addition and subject to your consent, which you can give by checking the relative box on the relevant website(s), your data will be processed for the following, additional purposes:

  • sending promotional and advertising material.

In this case, providing the data is optional.

Processing methods: your personal data may be processed in the following ways:

  • Processing by means of computers;
  • Manual processing by means of hard-copy archives.

All processing is carried out in full compliance with the procedures laid down in Articles 11, 31 and following of the Italian Privacy Code and by adopting the minimum safety measures prescribed by the technical disciplinary (Annex B).

Communication: your data will be stored at our headquarters and will only be transferred to subjects responsible for carrying out services necessary to correctly manage the relationship. The protection of the interested party's rights is guaranteed.

Your data will only be processed by personnel expressly authorized to do so by the Controller, and in particular will be processed by the following categories of staff:

  • Technical office and accounting department, for the data which is compulsory;
  • Marketing department, for data that is optional.
    Your data may be disclosed to third parties, in particular to:
  • Companies engaged in processing operations;
  • Consultants and freelancers, even if part of a group, in case of disputes;
  • Companies engaged in the production and transmission of its content, as well as its financial management (including publishers, communications operators, banks, and credit institutions) in the case of delivery of digital content.

 

Cookies

Cookies are small text strings which websites visited by Users send to their terminal (usually the browser), where they are stored and then sent back to the same websites during the same User's next visit.

MyWoWo S.r.l. uses exclusively so-called "technical" cookies, which are those used for the sole purpose of "carrying out the transmission of a communication over an electronic communications network, or as strictly necessary for the provider of an information society service explicitly requested by the user to provide the service". They are not used for other purposes and are installed directly by the Controller or operator of the website. They can be divided into: browser or session cookies, which guarantee the normal browsing and use of the website (allowing purchases to be made, for example, or obtaining authentication to access restricted areas); functional cookies, which allow the user to browse based on a set of selected criteria (for example, the language, the products selected for purchase) in order to improve the service rendered to them; analytics cookies, which are similar to technical cookies in that they are used directly by the website operator to collect information, in aggregate form, on the number of users and how they visit the site.

Controller:

The Data Controller, in accordance with the Law, is MyWoWo S.r.l. (Via Marconi, 34 - 24068 Seriate (BG); tel: +39 035-303956) in the person of its legal representative pro tempore.

You have the right to ask the Data Controller to delete, communicate, update, rectify, and add to the personal data concerning you. You can also exercise all the rights stated in Article 7 of the Italian Privacy Code, a copy of which is provided below.

Italian Legislative Decree No. 196/2003: Article 7 - Right to access personal data and other rights

  1. The data subject is entitled to receive confirmation as to whether or not personal data concerning them exists, even if the data has not yet been recorded, and to have the data communicated in an intelligible format.
  2. The data subject is entitled to obtain the following information:
    a. the source of the personal data;
    b. the purposes and methods of processing;
    c. the logic applied to the processing if carried out by electronic means;
    d. the identity of the Controller, data managers and designated representative in accordance with article 5, paragraph 2;
    e. the subjects or categories of subjects to whom the personal data may be communicated, or who can learn about them in their capacity as appointed representatives of the State, of managers, or employees.
  3. The data subject is entitled to obtain:
    a. the update, amendment or, where he has an interest in it, the integration of data;
    b. the deletion, conversion into anonymous form, or blocking of any data that have been unlawfully processed, including data whose retention is unnecessary for the purposes for which they were collected or subsequently processed;
    c. the certification that the activities mentioned in a) and b), including their content, have been notified to those to whom the data was disclosed, unless the fulfillment of this obligation proves impossible or involves the use of measures that are manifestly disproportionate with respect to the right protected.
  4. The data subject is entitled to object, in whole or in part:
    a. to the processing of their personal data for legitimate reasons, even if pertinent to the purposes for which it was collected;
    b. to the processing of personal data for the purpose of sending advertising materials, for direct sales or for carrying out market research or commercial communication surveys.

 

Support

For any questions about the processing of your personal data, you can contact us at:

MyWoWo srl.
Privacy Policy
Via Marconi, 34
24068 Seriate (BG)
Italy

 

Intellectual and Industrial Property Rights

To report infringement of an intellectual or industrial property right and ask MyWoWo to remove any of its content that is in violation of it (for example, a profile picture, profile name, status message of a MyWoWo user, a trademark or trade name of others, etc.), a completed claim for the violation of intellectual or industrial property rights must be sent by email to: info@mywowo.net (including all the information listed below). The complaint for the violation of intellectual or industrial property rights can also be sent to MyWoWo's manager responsible for intellectual and industrial property rights:

MyWoWo srl.
Via Marconi, 34
24068 Seriate (BG)
Italy
info@mywowo.net

 

What to include in the complaint sent to MyWoWo regarding the violation of an intellectual or industrial property right

Please include all the following information when you fill out the complaint for the violation of an intellectual or industrial property right to send to MyWoWo:

  • Your complete contact information (full name, postal address, and phone number). Keep in mind that we will regularly provide your contact information, including your name and email address (if available), the name of your organization or your client owning the rights in question, and the content of your complaint to the person to whom you are highlighting the content. If you wish, please provide a professional or corporate email address where you can be reached.
  • A description of the work protected by intellectual or industrial property rights that you claim has been infringed.
  • A description of the content hosted within our Services that you consider to be in violation of copyright or trademark rights.
  • Reasonably sufficient information to enable us to locate the material within our Services. The easiest way to do this is by providing the phone number of the person who sent the allegedly illegal content within our Services.
  • A statement signed by you, or sent by certified email, declaring that:
  • You believe, in good faith, that the use of the content described above and in the manner that you have reported is protected by intellectual or industrial property rights and is not authorized by the relative trademark owner or by the law;
  • The information contained in your complaint is accurate;
  • That you assume all responsibility, acting as the owner or person authorized to act on behalf of the owner of the right that you assume is being infringed.