in compliance with the obligations under Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (the "Regulation"), we hereby inform you that illuminem S.r.l. ("illuminem" or the "Company") with registered office in Vicolo Sozomeno 2, 51100, Pistoia (PT), Tax Code and VAT No.02040550473, registered with the Companies' Register, REA No. 607886, PEC illuminem@pec.it, as Data Controller, will process your personal data, which may be collected by us, provided by you and/or communicated to us by other entities, during the navigation and use of our website https://illuminem.com/ (the "Website"). 

The processing of the data you have freely provided or otherwise collected during your navigation on the Website will be carried out in compliance with the personal data protection regulations in force. In particular, the processing will be based on the principles of fairness, lawfulness and transparency. The data will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed and will be collected and recorded only for the purposes indicated in this Policy. 

 

 

 

You agree to be bound by these Terms of Use whenever you use or access any parts of the Service, register an account or purchase a subscription. If you don't understand or agree to these Terms of Use, please don't use the Service.

You represent and warrant that, by entering into these Terms of Use on behalf of a company or other legal entity, you have full authority to bind such entity to these Terms of Use.

 

 

 

1. The Service is operated and provided to you by illuminem S.r.l., Tax code and VAT 02040550473, , REA No. 607886, whose registered office is at Vicolo del Sozomeno 2, Pistoia, 51100, Italy, e-mail info@illuminem.com, phone number +39 3311402075 ("illuminem", "we", "us, "our").

 

The Service includes the illuminem website ("Website"), and anything made available on the Website, including all features, functionalities and user interfaces, as well as any content and materials you can view or access, such as images, photos, text, articles, and videos (“Content”).

The Content on the Service may change regularly – that means new articles and other Content may become available whilst other existing Content may stop being available. We may also update and modify elements of the Service itself from time to time – for example the design, layout, features and functionalities. See section 7 for more details.

 

 

 

1.1 You may be able to access and view some Content without registering or making a payment, but some Content will only be available to you if you:

 (a)  register an account ("Account"); or

 (b) purchase a fixed term or recurring subscription ("Subscription").

1.2 The Service (including any Content, features and functionalities) may vary depending on:

  (a) your device and your territory of residence;

  (b) whether you are accessing the Service as an unregistered guest, a illuminem Account holder or subscriber;

  (c) the type of Subscription you have chosen.

1.3 The Service is available only to professionals, i.e. to any natural person or any legal person that is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to the contract concluded with illuminem.

 

 

 

2.1  When creating your Account or purchasing a Subscription, you must provide true, accurate and complete information to us. 

2.2 You are responsible for your Account login credentials, for keeping them confidential, and for all activities that you carry out on the Website (including all access to and use of the Service). We recommend that you do not reveal your payment details and your login credentials to any other person. You agree to notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your password or other login credentials. You agree to keep your Account login credentials (including any contact details and payment details) up to date, accurate and correct at all times while using the Service. We are not responsible for any losses or issues arising as a result of any inaccurate or incorrect Account information provided to us by you.

 

 

 

3.1 If you purchase a Subscription, details of the price, currency and whether the Subscription  auto-renews will be provided to you before you complete your purchase and after completion of the purchase, via an order confirmation e-mail. Once you have completed  your purchase from us, you can also access details about your Subscription at any time by going to your Account.

3.2 If you are looking for more information about your Subscription, you can contact illuminem as described under section 17.2 below.

 

 

 

4.1 Certain Subscriptions automatically renew unless you cancel your Subscription not later than 24 hours before your next renewal date (or before the end of any free period of access). If you purchase a Subscription we will let you know, at the point of sign-up, if your type of Subscription will automatically renew.

4.2 If you have purchased a Subscription, you can turn off auto-renewal and cancel it in your Account area or by contacting illuminem as described under section 17.2 below.

 

 

 

5.1 Your Subscription may start with a free period of access. Free periods of access are available to new subscribers only (one per subscriber), unless we tell you otherwise. The specific duration of any free period of access will be specified at the point of sign-up.

5.2 You will be charged automatically at the end of your free period of access, unless you cancel your Subscription before the expiry of such period

 

 

 

6.1 At the start of your Subscription (or at the end of your free period of access (if applicable)) and on any renewal, you will be charged using the payment method chosen by you when you first subscribed ("Payment Method"). Depending on the chosen Subscription, payments and billing shall be monthly or annually.

6.2 Part of the services provided by illuminem (including if you want to upload information, data and documents relating to your company) requires registration with and/or use of a third-party platform (Era owned by Traent).

6.3 If a payment fails, because your Payment Method has expired, you have insufficient funds, or otherwise, and you do not cancel your recurring Subscription, we reserve the right to suspend access to your Subscription and/or your Account until we have obtained a valid payment method. Should it be the case, we will inform you of our decision to suspend your Subscription and/or your Account with a 48 hour notice, in order for you to provide us with a working payment method without any discontinuance of the Service.

6.4 If you have a recurring Subscription, payments will be taken automatically on or around the first day of each new subscription period at the same price (unless we have notified you of a price change, in accordance with section 7.1). 

6.5 To view your billing information or to update or change your payment method, go to your Account.

6.7 If you purchase a Subscription, provide a payment method during sign-up, or update your    payment method, a nominal charge may be temporarily taken for verification purposes.

 

 

 

7.1 Price changes

We may change the price of our Subscriptions from time to time, but, if you are a subscriber and you have a Subscription which auto-renews, we will give you at least a 30 days' notice via e-mail of any price changes, i.e. at least a 30 days' notice prior to the start of the next Subscription period. Price changes will not come into effect during your current Subscription period, so will only apply on renewal. If you do not want to continue your Subscription at the new price, you can cancel your Subscription, before the start of the next  Subscription period, in your Account area or by contacting illuminem as described under section 17.2 below.

7.2 Content changes

As we mentioned above when describing the Service, the Content may change regularly. The availability of Content may change for various reasons, such as where third party rights-holders withdraw or restrict our right to use that Content on the Service, or for legal or regulatory reasons.

7.3 and changes to the Service

(a) We may regularly make updates and changes to the Service for several reasons, including but not limited to: (A) ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements; (B) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements, such as adapting the Service to a new technical environment, transferring the Service to a new hosting platform, or ensuring Service compatibility with devices and software; (C) alter the structure, design or layout of the Service, including changing the name of the Service or re-branding, or amending, improving and/or expanding the features and functionalities available; (D) for security reasons; (E) for anti-piracy reasons; and (F) for business reasons. All changes which are necessary to ensure continued conformity of the Service are made without additional cost to you.

(b) If we make changes as specified in section 7.3(a) and these are changes which could negatively impact your access to or use of the Service in more than a minor way, we will notify you and give you the right to terminate your contract with us, by canceling your Subscription in your Account area or by contacting illuminem as described under section 17.2 below. 

(c) The following terms apply to such changes.

(d) We will give you at least 15 days’ notice, before the change comes into effect. If you do not terminate your contract with us  before the change comes into effect, we will take that as acceptance of the change.

(e) If this type of change is going to come into effect during your current Subscription period, we  will provide you with a proportionate refund for amounts you have paid for your Subscription but     not benefited from.

7.4 Changes to these Terms of Use

(a) We have the right to change these Terms of Use at any time, for several reasons, including but not limited: (i) to improve the Terms of Use, to make our Terms of Use clearer or easier to understand or to have all our customers on the same Terms of Use; (ii) to comply with legal or regulatory requirements, such as mandatory laws that apply to us and our agreement with you, or where we are subject to a court order or judgment; (iii) to provide you with additional information about the Service, (iv) where we make changes to the Service or any Subscription, including where we change the way we structure our Service or expand the scope of the Service by adding additional features, functionality, Subscriptions or Content; (v) where we reorganise the way we run our business, including merging with another brand or service or for other business reasons; or (vi) for security reasons, including where we introduce additional security checks or software to protect our Content or the Service.

(b) In addition, we provide the Service on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes or additions to these Terms of Use for reasons other than those set out above, provided that such amendments are reasonable.

(c) If we change these Terms of Use in a way that affects your rights or obligations, we will notify you via e-mail and give you the opportunity to read the new terms not later than 30 days before such changes take effect, unless an update needs to be implemented quickly to reflect a sudden change to the Service, or for security, legal or regulatory reasons (in which case we will notify you of the changes as soon as we can). In any case, if you don't accept the new Terms of Use, you will have the opportunity to cancel your Subscription within 30 days, in your Account area or by contacting Illuminem as described under section 17.2 below. If this type of change is going to come into effect during your current Subscription period, we will provide you with a proportionate refund for amounts you have paid for your Subscription but not benefitted from.

(d) The most up to date version of the Terms of Use will always be available on the Website from their effective date.

 

 

 

8.1 You are responsible for all internet access, mobile data or other charges incurred when using the Service and your Subscription. 

 

 

9.1 If you have an Account, you may be able to interact with Content on the Service or to download your own Content.

9.2 illuminem shall have the right, but not the obligation, to monitor any of the Content to determine compliance with these Terms of Use. We reserve the right to decide whether your material on the Service complies with the requirements set out in these Terms of Use, and may remove, modify or delete such Content, in whole or in part, terminate or suspend your access and/or terminate or suspend your Account without prior notice, on becoming aware of any violation of these Terms of Use, or for legal or other reasons, or because the relevant material is objectionable. illuminem also reserves the right to disclose any information to comply with any court order or lawful request that illuminem believes necessary to satisfy any law, regulation or governmental request.

9.3 You agree that you will not submit, post or transmit on or through the Service any Content that:

(a) is defamatory, offensive, unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is otherwise objectionable;

(b) infringes the rights of anyone else (including, without limitation, patent, trademark, trade secret, copyright, privacy or other proprietary rights), unless you have a formal licence or permission from the rightful owner or are otherwise legally entitled to share the material in question, or is in breach of these Terms  of Use, any of our guidelines or any policy posted on the Service, or interferes with the use of the Service by others;

(c) victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(d) collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Service;

(e) impersonates any person, business or entity, including by way of example illuminem and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including by way of example illuminem;

(f) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorised use of a computer or computer network;

(g) encourages conduct that would constitute a criminal offence or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;

(h) results in the posting or transmission of any message anonymously or under a false name; or

(i) results in a single message being posted to any area of the Service if that message is, in our view, off-topic or in violation of these Terms of Use.

9.4 You agree that your Content may be subject to minor alterations or modifications for technical or formatting purposes, subject to the preservation of the intellectual character of the work and you waive any right to inspect and approve a finished product or the copy that may be used in connection with the Content which you may upload or post on the Service, or the use to which such material may be applied.

 

 

 

10.1 Any Content published on the Service belongs to the rights holder of that Content. You are permitted to use and view the Service and Content for your personal and non-commercial use only. You may not use any of the content without permission from the rights holder of the Content to do so. 

10.2 You may not remove, alter or in any way tamper with any copyright notices or other proprietary markings included in the Service or any Content.

10.3 Any copying, access, transfer, public performance or communication to the public or other use of any part of the Service (including any Content) other than as expressly authorised by these Terms  of Use or – out of these Terms of Use – by us or by the rights holder shall constitute an infringement of our (or the rights holder’s) intellectual property rights and a breach of these Terms of Use.

10.4 By publishing and/or otherwise downloading the Content on the website, you grant to illuminem a non-exclusive (which means that you can licence your content to others), royalty-free (which means that we don’t pay you for this licence), transferable (which means that we can give the rights you give us to someone else), sub-licensable (which means that we can licence your content to others, e.g. to service providers that help us to provide the Platform, other users or trusted third parties that have entered into agreements with us to operate, develop and provide the Platform) and worldwide (which means that the licence applies anywhere in the world) license to use your content, including to provide sub-license for access by other users, reproduce, adapt or make derivative works, perform and communicate your content to the public. You are responsible for complying with all Intellectual Property laws with reference to said Content, including but not limited to having obtained the necessary authorizations from the rights holders.

 

 

 

11.1 You must not, and must not allow third parties to:

(a) broadcast, publish, license, offer for sale, make and/or distribute copies of any part of the Service and/or of the Content, except as expressly permitted by these Terms of Use;

(b) frame any item of the Service and/or of the Content on (or incorporate any part of the Service and/or of the Content into) another website and/or service;

(c) use your login credentials to access your Account or Subscription without authorisation from us, or do anything else which allows you to gain unauthorised access to the Service, or any account, computer system, or network connected to the Service, by means such as hacking, password mining or other illicit means;

(d) attempt to alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service, unless you have a legal right to do so;

(e) remove, deactivate, degrade or thwart any of the content protections in the Service or the Content; and / or

(f) collect or harvest the Service, any Content or any personal data of any user of the Service (including any account name) or use any robot, bot, scraper, site search/retrieval application, proxy or other manual or automatic device, method, system or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the Service, any Content, any personal data or the navigational structure or presentation of the Service and/or of the Content.

11.2 You agree not to sign-up (or attempt to sign-up) multiple times for a free period of access or for the  same promotional offer, or take any other action designed to enable you to benefit from multiple free periods of access or the same promotional offer. Any such action shall be a breach of these Terms of Use and may result in the termination of your Account and/or Subscription.

 

 

 

12.1 We can temporarily suspend your access to the Service, in whole or in part, and/or terminate our agreement with you at any time for several reasons, including but not limited to the following reasons: (i) if you breach one of the provisions under these Terms of Use and/or under the law and/or to comply with an order by an administrative or judicial authority; (ii) whether your use of the Service and/or your Content is likely to harm Illuminem, other users or the Service and/or third parties, (iii) where we reorganize the way we run our business, including merging with another brand or service or for other business reasons; or (vi) for maintenance of the Service and/or security reasons, including where we introduce additional security checks or software to protect our Content or the Service.

12.2 If we end our agreement with you after you have purchased a Subscription, we will inform you via e-mail in advance, via a 15 days' prior notice, of our decision, unless section 12.3 below applies. You will have the opportunity to submit a complaint in writing (at the e-mail address indicated under section 17.2 below) against our decision, within 15 days from the receipt of our communication. We will duly review your complaint within 15 days from the receipt of your communication and communicate our final decision via e-mail. If we temporarily suspend your access to the Service and/or terminate our agreement with you, we will provide you with a proportionate refund for any amounts you have paid for your Subscription but not benefitted from.

12.3 In any event, we may immediately end or suspend your right to use all or any part of the Service or your Subscription to comply with the law or with an order by an administrative or judicial authority, if you have seriously or repeatedly breached these Terms of Use, if you are using any part of the Service fraudulently, illegally or in any manner other than for its intended purpose and/or for urgent maintenance measures of the Service. We will tell you if we decide to end or suspend your right to use the Service. If what you have done can be put right we will give you a reasonable opportunity to do so.

12.4 If we end your rights to use the Service, your Account or your Subscription you must stop all activities authorised by these Terms of Use, including your use of the Service.

 

 

 

13.1 The Service and the Content are provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of title, merchantability, fitness for a particular purpose and non infringement. In no event shall illuminem be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Service and/or the Content.

13.2 Subject to the above principle laid down in section 13.1, unless caused by our gross negligence or fraud, we are not responsible for any damage caused by:

(a) any use by you of the Service or Content which isn’t authorised by us under these Terms of Use, including loss of profits if you attempt to use or display the Service for any commercial purpose;

(b) the reliability, lawfulness and rights of use of any information included within the service collected from third parties sources;

(c) any malfunction or interruption to the Service or Content due to circumstances outside of our control that prevent us from fulfilling our obligations to you, or that can be considered a “force majeure event” pursuant to the applicable law. This could be due to things such as:

     (i) lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, pandemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action; or (ii) other actions of third parties we do not control;

    (ii) any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to malfunctions or faults in your chosen equipment, devices, operating system or internet connection (including malware, viruses or bugs originating from third parties or on any of your devices);

(d) incompatibility of any part of the Service or Content with any devices or operating systems other than those commonly available on the market.

 

 

 

14.1 The Service may include hyperlinks to other websites that are not owned or controlled by us.

(a) We have no control over, and assume no responsibility for, the availability, content, privacy policies, or practices of any third party websites.

(b) You acknowledge and agree that we will not be liable for any loss or damage which may be incurred by you as a result of the availability of those external third party sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

14.2 We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of every other website that you visit.

 

 

 

15.1 If you see any Content on the Service you want to flag or report to us because, for example, you believe it infringes another person’s intellectual property rights, please contact us as described under section 17.2 below.

 

 

 

16.1 The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree that we can transfer our rights and obligations under these Terms of Use to any other companies or entity. You may not transfer your rights or obligations under these Terms of Use to anyone else.

16.2 If any provision of these Terms of Use is held to be null or unenforceable by a court or legal authority, that provision shall be treated as removed. The validity and enforceability of the remaining parts of these Terms of Use shall not be affected.

16.3 To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

16.4 These Terms of Use shall be governed by and construed in accordance with England and Wales Law.

16.5 Any claims or disputes arising out from the interpretation and or execution of these Terms shall be subject to the exclusive jurisdiction of the courts of 

 

 

 

17.1 If you have any complaints please contact us as indicated under section 17.2 below.

17.2 You can contact us:

• via e-mail, writing at info@illuminem.com;
• via the form available in the "Contact Us" section of the Website.