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General Terms and Conditions & Privacy Policy

General terms and conditions, valid from 30.03.2017

 

Welcome to www.myBressanone.com, the Smart City portal of the city of Bressanone and/or the WiFi network with free access to the Old Town of Bressanone.

Registration is not required for the use of the portal. However, registration is recommended in order to enjoy all the advantages of the portal.

By completing the registration and registration procedure, the user declares to have carefully read and expressly accepted all the conditions, terms and conditions of use and enjoyment of the services as expressly stated below and to be aware of all features and purposes of the services. The GTC updated and published on the platform are to be considered valid.

Please read the terms and conditions carefully before registering.

The Smart City portal www.myBressanone.com provides all interested parties with an overview of all events in Brixen, points of interest, shopping, gastronomic offers, leisure time, sport etc., including important information regarding mobility and further services.

The Smart City portal www.myBressanone.com and/or the WiFi network of the city of Bressanone is offered and operated by the City Marketing Bressanone Tourism Cooperation (hereafter: manager) and access is free of charge.

 

1.       Owner

The owner and operator of the portal www.myBressanone.com is the City Marketing Brixen Tourism Cooperation with headquarters in Viale Regensburg 9, I-39042 Brixen. Tel. +39 0472 836401, Fax +39 0472 836067, C.F. & P.IVA. IT00397760216, E-Mail: info@stadtmarketing.org

 

2.  Scope of application

The general terms and conditions apply to the web platform at the URL www.myBrixen.com and the WiFi network in the historic center of Brixen/Bressanone.

 

3. Users of www.myBressanone.com

Users of the Smart City portal are:

a) Users (natural and/or legal persons) who use the services of the portal made available without the obligation to register;

b) Registered users (natural and/or legal persons) who use the services of the portal, made available free of charge to all registered users;

c) Members of the City Marketing Brixen Tourism Coop., who are registered in the membership lists and who exercise their powers and fulfill their obligations.

 

The Smart City portal www.myBressanone.com allows registered and unregistered users to call up information about events, stores, restaurants, attractions, etc. concerning the city of Bressanone.

The portal www.myBressanone.com offers registered users in addition to this, to:

  • to draw up a wish list;
  • follow topics of interest, offers, events, services etc. through passwords;
  • receive proposals on their personal "Dashboard";
  • receive Newsdigest (personalized newsletter);
  • Evaluate services, offers, etc. ("Likes").

The Smart City portal www.myBressanone.com offers to all businesses associated with the City Marketing Brixen to publish free of charge information about the company, services, events etc. and to manage them. City Marketing members also have the possibility to:

  • publish advertisements;
  • send messages to other members;
  • activate and manage interest groups;


4. Registration

For free access to the WiFi network in the old town of Bressanone, a valid phone number must be entered, which will be verified during registration.

For the use of additional services, users must register in advance. The e-mail address provided will be verified during registration. The registration is free of charge.

When registering via an online form, users submit the following: First and last name, picture (optional), e-mail address, gender.

When registering via the interface to Facebook ("Registration Social Plug-in"), first name, last name, picture (optional), e-mail address, gender and age are transmitted.

The members of the Stadtmarketing Brixen Tourismus Genossenschaft are automatically registered on the Smart City Portal when they are accepted as members of the cooperative. The costs for registration and use are included in the regular membership fee. The data of the members of the Stadtmarketing Brixen Tourismus Genossenschaft are taken from the membership application. These are company name, first and last name of the legal representative, company address, zip code, town, VAT. -number, e-mail, telephone and cell phone number.

Members are provided with their own profile pages on which the following information is published.

  • Business name;
  • contact details (address, phone, e-mail ...);
  • Description text (will be edited by the member);
  • Photos (can be entered and arranged by members);
  • Opening hours (to be edited by the member);
  • Offers, menu, events (can be entered and edited by the member).

For each user, an account with a personal area is created during registration in which the user can enter personal data and publish content directly, without prior modification or verification by the operator.

However, the personal area must be kept free of content or messages that encourage third parties to commit illegal or criminal acts for which they could be prosecuted under civil, administrative or criminal law.

The right of the User to use the Service is personal and non-transferable: The user undertakes not to make any financial profit from the service provided by the operator. Furthermore, the User undertakes to use the Smart City Portal exclusively for legitimate purposes and in any case in accordance with data protection regulations and intellectual property. The operator is to be indemnified in case of non-compliance.

Each User undertakes to inform the Operator immediately in the event of loss of access data or suspected misuse of his or her data. The user is liable for any misuse by third parties, unless he can prove that he is not at fault.

There is no legal claim to registration as a user. The operator is entitled to refuse registration without giving reasons. The registration is not limited in time.

Operator also reserves the right to request User to update his access data for the WiFi network in the Old Town of Brixen/Bressanone.

 

5. Termination of the registration

Every user has the right to cancel the registration at any time without giving reasons. Every member has the right to refuse the publication of business data on www.myBrixen.com.

A cancellation or a request for non-publication of the company profile should be sent by e-mail to stadtmarketing@brixen.org. The cancellation must include the user name and the corresponding e-mail address. The operator of www.myBrixen.com will deactivate the account after receipt of the corresponding request and will withdraw the publication of the data and information.

The operator has the right to deactivate the access or the account at any time without giving reasons and without adhering to deadlines, as well as to delete the user's content if the rules of conduct mentioned below are not adhered to or if point 7 of these GTC is disregarded.

With the withdrawal as a member of the city marketing or the expiry of the membership according to the valid statute of the Brixen Tourismus Genossenschaft, the corresponding member account including the associated options will also be deactivated.

 

6. Content published by members and use of the services

Users and especially members of the city marketing, are personally and solely responsible for all their content and commit themselves (rules of conduct):

  • to observe the conditions of participation, the laws and all rights of third parties and, above all, not to use protected content, products or services without being authorized to do so. The operator is not obliged to check these;
  • not to violate any personal rights by publishing the contents and that above all recognizably depicted persons agree to the inclusion of the contents;
  • not to offer any content and links to content that is considered threatening, obscene, racist, glorifying violence, slanderous, harassing, offensive, insulting, pornographic, harmful to minors or otherwise illegal according to legal standards and general moral concepts. The operator is not obliged to check these;
  • only enter content that is free of viruses, worms, Trojan horses or similar;
  • not to use the data and e-mail addresses of other members contained on www.myBrixen.com for commercial advertising or to send unsolicited advertising (spam).

Members of city marketing also commit themselves (rules of conduct):

  • to keep their account and the contents up to date;
  • to publish only information or events and offers that are openly accessible;
  • to be binding when publishing content (offers, menu, ...).

The operator reserves the right to change the contents without prior notice:

  • to edit, translate, redesign, adapt it to the format requirements necessary for use or to improve the presentation quality and to combine it with other content without prior notice;
  • to delete them partially or completely at its own discretion, especially if they violate the conditions of participation.

The user agrees that his content, including published images, can be made publicly accessible and can be passed on for publication - also in printed form. This granted right does not expire even if the membership is cancelled or the publication on www.myBrixen.com is withdrawn.

In any case, the user is the sole person responsible for his account and his personal space (which may contain data, information, images, photographs, films, music, messages, etc.), as well as the sole person responsible for the legal consequences in civil, criminal and administrative law.

 

7. Communication

Notifications of the operator to all users are sent to the e-mail address given in the account. The User agrees that he/she will be informed by the Operator about city marketing activities and their partners/members as well as about new contents and offers within the platform and the like.

The receipt of newsletters can be discontinued at any time using the link provided at the end of the newsletter.

Communications from members, users or interested parties to the operator must be sent by e-mail to stadtmarketing@brixen.org or by post to Stadtmarketing Brixen Tourismus Genossenschaft, 39042 Brixen, Regensburger Allee 9.

 

8. Availability of the service

The operator strives for continuous availability of www.myBrixen.com and the service.

The user acknowledges that the operator does not assume any guarantee or warranty for the continuous availability of www.myBrixen.com and the service.

The operator reserves the right to change the service, to adapt it to legal regulations and to extend it by offers with costs. For such offers with costs, the user may have to register separately and will be informed in advance about the corresponding conditions.

The Operator expressly reserves the right to discontinue www.myBrixen.com and the Service in whole or in part or to restrict its availability without prior notice.

Necessary maintenance work can be carried out at any time. Should maintenance work be carried out that will foreseeably lead to a longer interruption of the service, the users will be informed in time.

 

9. Liability

The operator assumes no liability for damages resulting from the use of www.myBrixen.com and the service, unless such damages are caused by the operator intentionally or through gross negligence.

The operator does not guarantee the correctness, suitability, reliability or accuracy of the information published on www.myBrixen.com. This applies in particular to information published by members on www.myBrixen.com.

The operator does not guarantee that the actual identity of the user corresponds to the data provided by him/her, except for members of the city marketing.

The operator does not assume any liability for malfunctions due to force majeure, strike, lockout, operational disruption or other impairments. This also applies if the service has to be stopped. In this case, the user and the member have no claim for compensation.

The operator is not liable for the loss of data of users or for the unauthorized knowledge of third parties of personal data of users of the service (e.g. by hackers).

The operator is not liable for data and information that users themselves have made available to third parties being misused by the latter.

The operator is not liable for the contents and activities of the users. They are neither confirmed by the operator nor do they represent the opinion of the operator.

There is no prior checking of the information created by users by the operator. Untrue, threatening, abusive, racist, violence glorifying, slanderous, harassing, offensive, insulting, pornographic, harmful to minors or otherwise illegal content will be removed by the operator from the corresponding area after obtaining knowledge.

Should users, members or users notice that contents of other users violate these conditions or other legal regulations, they are requested to inform the Stadtmarketing Brixen Tourismus Genossenschaft immediately.

The Smart City Portal contains links to third party websites. The contents of third party websites are not subject to any control by the operator. The operator has no influence on their content and is neither responsible nor liable for them.

A disclaimer also applies to the operator's partners.

The user indemnifies the operator and her partners from any liability and all claims by third parties that arise in connection with the use of the service by the member.

The User undertakes to indemnify the Operator and her partners from any expenses, as well as in the case of the involvement of the Operator in a criminal investigation, to pay damages for the associated loss of image.

In addition, the operator of the Smart City Portal is exempt from any liability for damages to the user's hardware or software, which are caused by the use and navigation on www.myBrixen.com, download of files, texts, pictures, videos or music. If not explicitly stated, the information and contents entered on www.myBrixen.com do not represent an offer for sale or an invitation to purchase titles, insurance products or other products and services.

 

10. Changes of the conditions of participation

The operator reserves the right to change the conditions of participation at any time, without special reason and without explicit notification to the users. On the Smart City Portal www.myBrixen.com the current version of the conditions of participation is always published, so that every user is encouraged to check the conditions of participation regularly.

If the User does not object to the new version within two weeks after publication, the new conditions are considered accepted.

The rejection is to be sent by e-mail to info@myBrixen.com stating the user name.

If the user rejects the changes, his or her access will be automatically blocked after a previous information letter.

 

11. Place of jurisdiction and applicable law

Place of performance and jurisdiction is Bozen.

For the conditions of participation and the resulting legal relationship between the operator and the member as well as user, Italian law is exclusively applicable, even if the member accesses www.myBrixen.com and the service from outside Italy.

 

12. Privacy

The User declares to have carefully read and accepted the information on the processing of personal data published on the portal www.myBrixen.com.

 

13. Severability clause

For regulations not explicitly mentioned in these conditions of participation, the provisions of the Italian Civil Code and the generally applicable national regulations in the field of communication shall apply.

 

Privacy policy myBrixen & WiFi - Account

 

Letter of information according to art. 13 of the legislative decree 196 of 30.06.2003

The information letter applies exclusively to the domain www.myBrixen.com including all its sub-domains as well as mobile applications and the WiFi network of the Old Town of Brixen (hereinafter referred to as the "Smart City Platform").

In accordance with art. 13 of Legislative Decree no. 196 of 30 June 2003, we hereby inform you that the Bressanone Tourism Cooperative processes the personal data of users and advertisers correctly and in compliance with the laws in force in the Italian State and will not pass them on to third parties. The following privacy policy describes how personal data of users of the internet platform are managed and processed. In general, no active communication of personal data is required for the use of the Internet platform. For the use of certain functions as well as for the publication of own events, registration and the associated transfer of data is required.

The information notice also takes into account Recommendation No. 2/2001 of 17 May 2001 of the Group for the Protection of Individuals with regard to the Processing of Personal Data established by Art. 29 of Directive No. 95/46/EC of the European Parliament. This Recommendation established some minimum requirements for the on-line collection of personal data, and in particular conditions, time limits and type of information that data controllers must provide to visitors to web pages, regardless of the purpose of the link.

Owner and person responsible for data processing
Responsible for the processing of data in accordance with the legislation in force at the time is - in the person of the legal representative - the
Brixen Tourism Cooperative, Regensburger Allee 9, 39042 Brixen
Phone +39 0472 836401, Fax +39 0472 836067,
Tax and VAT no. IT00397760216,
e-mail: info@brixen.org

Data storage and protection

The privacy practices of the Bressanone Tourism Cooperative are in compliance with the laws in force in Italy regarding the protection of personal data (Legislative Decree no. 196 of 30 June 2003 and subsequent amendments).

Nature and purpose of data processing

The data processing is mainly carried out with the help of electronic automated means, but can also be carried out without them. It includes all the operations provided for in art. 4, paragraph 1, letter a) of Legislative Decree no. 196 of 30.06.2003 and subsequent amendments, as well as those required for the data processing in question. In any case, the data will be processed in compliance with all security measures, so that the protection of these data can be guaranteed.

The protection of the data is carried out with the current modern technologies: The data will be stored on servers that comply with the technical guidelines of the Italian Data Protection Act.

The user agrees that the data provided may be stored by the Brixen Tourismus Cooperative or its technical partners and processed for the purpose of providing the services offered both on the internet platform and on all sub-sites and mobile applications, as well as for the purposes of the Brixen Tourismus Cooperative's own market research and marketing activities in order to fulfil legal and contractual obligations. The communication of all data is voluntary, but without the communication of data some of the services offered on the internet platform cannot be used.

Place of data processing

The data processing related to the web services of this Smart City platform is carried out at the headquarters of the above-mentioned managers and is carried out only by the technical staff of the entity in charge of data processing or by persons who may be entrusted with occasional maintenance operations. No data obtained from the web services will be communicated or disseminated to third parties, except in cases provided for by law. The personal data supplied by users will be used only to carry out the requested service in accordance with the expressly specified purpose of the data processing and will be communicated to third parties only if necessary for the purpose indicated.

Deviation from the data protection regulations (loyalty)

The present information letter meets the requirements of transparency and reliability towards the users of our internet platform as well as the corporate values of the Brixen Tourismus Genossenschaft, with special consideration of data protection and the protection of collected information. Should the user notice any problems or inconsistencies in connection with the web contents and the statements made here, he/she is requested to inform us at the following e-mail address: stadtmarketing@brixen.org.

 Change in the privacy policy

The possible entry into force of new relevant provisions as well as the ongoing review and updating of the services offered may make it necessary to amend these terms and conditions. Consequently, the relevant regulation could be amended subsequently. Users are therefore requested to consult this page regularly.

In the event of an individual or universal legal succession in the course of a reorganisation measure, the Brixen Tourismus Genossenschaft is entitled to transfer all rights, obligations and data of the customer to the legal successor even without the customer's consent.

Type of data processed

Navigation data (log files)

These web pages work with data processing systems and software that collect some personal data during the visit, which is automatically transferred via the Internet connection. This is information that is not collected in order to be associated with identified customers, but which by its nature or in the course of processing or in interaction with data known to third parties could lead to the identification of users.

This category includes the IP address or domain name of the clients' computers, URI (Uniform Resource Identifier) strings relating to the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained, the numerical code indicating the status of the server response (successful, error, etc.) and other parameters relating to the user's operating system and information environment.

The navigation behavior is tracked (among other things via Google Analytics) and assigned to the user. This serves to further personalize the content displayed on the dashboard or in the news digest and to display even more relevant content.

The data is collected in an anonymous form for the sole purpose of statistical surveys regarding access habits to the website and via the WiFi network, as well as for monitoring its proper functioning. If requested by the user, the data entered, such as e-mail address or mobile phone number, will also be used to send messages. The data may also be used to identify computer criminals who may be causing damage to the website and to investigate illegal activities in the field of privacy. In any case, the data will not be kept longer than is absolutely necessary and provided for by law.

Cookies and Web Beacons

The internet platform uses so-called cookies. These are short entries that can be stored on the user's computer or mobile device when surfing the Internet platform, after the appropriate permission has been granted.

The user can prevent the installation of cookies by making the appropriate setting in the browser software. The user is, however, advised that in this case not all functions of the platforms can be used to their full extent.

The Internet platforms do not collect any personal data of the users in this context. Cookies are not used to transmit information of a personal nature. Nor are so-called permanent cookies of any kind or systems for tracking the user used.

The use of so-called session cookies (which are not permanently stored on the user's computer and are deleted when the browser is closed) is strictly limited to the transmission of session identifiers (consisting of random numbers generated by the server) necessary for safe and efficient navigation on the website.

The use of so-called session cookies on this website avoids the use of other IT techniques that could have potentially negative consequences for confidentiality in terms of user navigation. This type of cookie does not allow for the collection of personal data identifying the user.

By using this platform, the user agrees to the processing of the collected data by Google and cookies in the manner and for the purpose described above.

Web beacons could also be used when visiting the aforementioned Internet platform; this technology makes it possible to determine which key elements (such as links or images) of a website or which e-mail addresses in the "Contacts" section have been clicked on. Web beacons are usually used in connection with cookies.

Voluntarily submitted data

The optional, voluntary and explicit transmission of personal data of the users to the e-mail addresses indicated in this Internet platform and WiFi network entails the acquisition of the personal data indicated in the e-mail/communication, necessary to answer the requests.

Optional communication of data

In addition to the navigation data, the user is free to submit personal data in various sections of the Internet platform by entering it in the appropriate forms concerning the information letter (see point 4 GTC).

If this data is not provided, the requested services may not be provided.

Data collection in the community area

The personal data entered in the context of a company or event entry is publicly accessible.

Data collection Newsletter subscription

Users can subscribe to the offered newsletter service and receive regular news. If you unsubscribe from the newsletter service, your email address will be deleted from the delivery list.

Rights of the users

According to art. 7 of the Privacy Code, the user can exercise certain rights: 

  • to know what personal data the owner has about the user and to obtain information about whether data about the user exists, even if it has not yet been stored;
  • to obtain, in an intelligible form, details of this data, its origin and the reason and purpose for its processing;
  • to be informed about the owner and the person in charge of the processing, as well as the persons and categories of persons to whom the data may be communicated;
  • to confirm, check, correct and supplement his data;
  • to object, for legitimate reasons, to the processing of all or part of his data, to their cancellation, blocking, transformation into anonymous data or, without legitimate reason, to their use for the purposes of commercial information, sending of advertising material, direct sales, market research and opinion polls;
  • to oppose the processing of the data and to request at any time the modification or cancellation of the data.

 The user can exercise the above rights / cancellation of the data himself or through a person appointed by him, with a request to the owner of the data processing, by means of a letter sent by registered mail and reply to the owner.

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