PRIVACY INFORMATION and COOKIE MANAGEMENT

Apura S.r.l. pursuant to the legislative decree of the 30th of June 2003, number 196 – Provacy code (here “Code”) modified and updated from legislative decree 01/2018, articles 4, n. 7), 13, 14 and 24 of EU Regulation n. 679 of the 27th of April 2016 concerning the protection of personal data, as well as free circulation of such data (here, “Regulation” or “GDPR”), informs you that during the development of its activity sets its maximum attention on safety and privacy of personal data of its users. The Company is therefore the data controller of the personal data collected on this website.

The Regulation was born with the intention of aligning the EU law, ensuring a better control con personal data treatment. Following its entry into force on 25 May 2018, the Company has undertaken a process of adapting internal processes and policies to protect all the information that our Company will come into possession of.

The declaration describes the kind of information that we collect, how they are used, whet we share with other companies, how to exercise the rights on the collected information and how

to contact us. 

1. WHICH INFORMATION IS COLLECTED 

The following cathegories of personal data can be collected: 

Contact data: information on name, place and date of birth, tax code, billing address, delivery address, email address and phone numbers.

Financial data: details of bank account and payment card are collected only to manage the commercial part.

Transaction data: details on payments from and to clients/suppliers and other details on products and services that are bought or sold.

Profile Data: purchase orders, social network profiles, favories, feedback, communications, answers to internal polls, passwords and user names (customer portal, if present).

Particular categories of personal data: sensitive (e.g. health data, political/religious ideas..) and legal information (criminal conviction and administrative).

Marketing and Communication data: preferences on reception of marketing communications, from third parties and communication preferences.

Website use data: information on method of use of our website, how our communications are opened or forwarded, included information collected with cookies (more information on our Cookie Note).

Technical data: include IP address(Internet Protocol), access data, browser type and version, time zone and position information, browser plug-in type and version, operating system, platform and other technologies on devices used to access the company’s website.

2. HOW WE USE COLLECTED INFORMATION  

Only necessary information for the scope are elaborated. It’s possible to choose not to get marketing information from our side (authorization can be withdrawn at any time). 

E-mails or undesired communications are not sent; moreover personal data are not shared with third parties, unless needed to complete purchase or sale contract. These are only used for scopes and legal basis in the following table: 

Purpose for processing Legal bases for processing

• Operational management and purposes strictly connected to this for access to the Website, processing is necessary for access to your Personal Area.

• Execution of the contract, fulfillment and completion of orders and purchases.

• Registration of a new customer, necessary to create and manage your customer account and provide services to you.

• Provide product technical support.

• Provide user training and certifications to customers.

Fulfillment of contractual obligations.

• Customer Satisfaction surveys, use of your contact data to conduct surveys aimed at measuring the level of satisfaction with the service provided, therefore measuring the interest of customers and suppliers and improving our products, services and website.

• Understand the traffic flow on our website and provide a better experience by understanding the needs of our customers.

• Display more meaningful and relevant advertisements on the website.

Consent – which can be withdrawn at any time. Failure to provide data does not have consequences on contractual relationships.

• Marketing and advertising communication, aimed at informing you about promotional sales initiatives, products or services that may be of interest, carried out through automated contact methods (e-mail, SMS and other mass messaging tools, etc.) and traditional contact methods (for example , telephone call with operator) or for market research and statistical surveys.

• Provide information about our company and our products and services. The processing is necessary to support legitimate business interests in operating our business.

Consent – which can be withdrawn at any time. Failure to provide data does not have consequences on contractual relationships.

Prevention and detection of fraud, money laundering or other crime or for the purpose of responding to a binding request from a public authority or court.

Processing is necessary to comply with legal and regulatory obligations.

We may need to process personal information to contact the data subject in case of an urgent security alert.  In rare cases of  Vital Interest

3. HOW WE SHARE INFORMATION 

We do not sell your information to third parties. Duly authorized employees may have access to your data, as well as external suppliers, appointed, if necessary, as data controllers, who provide support for

the provision of services. These providers may belong to the following categories of companies or organizations: support service providers, customer contact centers, direct marketing agencies and consultants, market research and market analysis service providers, our legal advisors and other professionals.

We work to ensure that all third party partners who handle your information comply with data protection legislation and protect your information just as we do. We only disclose personal information STRICTLY necessary to provide the service they are undertaking on our behalf.

Please contact us at the following address: info@apura.it if you wish to request to view the list of data controllers and other subjects to whom we communicate the data.

4. HOW LONG WE STORE INFORMATION 

We will not retain personal information in an identifiable format for longer than is necessary. For customers or suppliers, we will retain personal information for a longer period than when processing potential customers/suppliers. In the case of an ongoing relationship (for example a customer), we retain personal information for 10 years from the date of the last transaction carried out, in order to establish, bring or defend any legal claims in court. When we obtain personal information following a request for information, brochures, quotes or any other information about one of our products or services, we retain that data in line with the initial request for 6 months, to enable us to establish a relationship with the potential customer/supplier. After this period, the data will remain suspended for 1 year before being removed, unless an ongoing relationship is established.

The only exceptions to the periods mentioned above are where:

• the law requires us to keep personal information for a longer period, or to delete it sooner;

• in the event that you have raised a complaint or concern regarding a product or service offered, in which case we will retain your information for a period of 10 years from the date of such complaint or request; or

• you exercise the right to delete the information (where applicable) and you do not need to keep it in relation to any of the reasons permitted or required by law

Personal data that is no longer necessary, or for which there is no longer a legal basis for its conservation, are irreversibly anonymized.

5. YOUR RIGHTS

The interested party will be able to assert their rights, as provided for in the articles. 15-23 GDPR in particular:

• Request a copy of the information we hold about you;

• Correct and update your information;

• Withdraw consent;

• Right to object and request deletion of data or limitation of use, where there are no legitimate reasons to continue to use and process your information and/or in the absence of consent to direct marketing activities;

• Right to data portability;

• Right to lodge a complaint with the competent supervisory authority (Privacy Guarantor).

You can exercise the above rights and/or manage your information by contacting us at the following addresses:

Post: Piazza Porto 3, Gargnano 25084 (BS) Italy 

E-mail: info@apura.it 

In the event of a request for access or information, please be advised that if the request is unfounded or excessive, we may charge a fee or refuse to act.

Please also note that when we delete data from our system, either after the above periods of time or upon request, the data is permanently removed thus affecting any subsequent access requests.

6. WHERE WE STORE PERSONAL DATA? 

The personal data we collect may be transferred to, and stored in, a destination outside the European Economic Area (EEA), for the purposes described above. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy and data protection legislation. To the extent that it is necessary to transfer personal data outside the European Union, we will ensure that appropriate safeguards are in place to protect the privacy and integrity of that data, including the European Union Model Clauses under the Article 46 “Transfer subject to adequate guarantees”.

7. COOKIES 

Apura S.r.l. provides below information relating to the functioning of cookies within the website www.apura.it (hereinafter “Site”), also pursuant to the Provision of the Privacy Guarantor “Identification of simplified methods for information and acquisition of the consent for the use of cookies” dated 8 May 2014 (hereinafter “Provision”).

Cookies are text strings that identify the computer (through the so-called IP address) on our server, allowing information to be stored for reuse during the same or subsequent visit to the site. For information on why we use them please refer to the “How we use the information we collect” section of this Privacy Policy. We do not use IP address as a means of identifying you.

Cookies are stored based on the User’s preferences, by the individual browser, on the specific device. Typically, you have the option to set your computer to: accept all cookies, be informed when a cookie is issued, or not to receive cookies. With most browsers, this function can be reached via the “tools” (e.g. Internet Explorer), “edit” or “task” (e.g. Netscape) menu. If you have difficulty finding this area, the “help” function within your browser will be able to provide assistance. You can also find more detailed information on cookies and how to manage them at http://www.allaboutcookies.org.

These cookies are strictly necessary to provide the services available through our website and to use some of its features. It is important to note that by disabling all Cookies, the functioning of this site may be compromised.

In the case of services provided by third parties, the User can also exercise their right to object to tracking by inquiring through the third party’s privacy policy, via the opt-out link, if explicitly provided, or by contacting the third party directly.

7.1. HOW WE USE COOKIES? 

Based on the function and purpose of use, cookies can be classified into technical cookies, analytical cookies, profiling cookies. All cookies are divided into first-party cookies, installed directly by the site manager and third-party cookies, installed through the site by third parties. Based on the characteristics and use of cookies we can distinguish different categories:

• Through Navigation Cookies the Website tracks the path of the cookie (so-called “click stream” activity, i.e. recording the paths followed by visitors to a site in moving from one page to another) without this activity being able to know or identify the user who is entered the site, in order to collect statistical data on the site such as, for example, the pages visited, the pages downloaded, etc.

We reiterate that none of this information is associated with you individually. Cookies do not capture your personal email address or any private information about you. The information obtained from cookie tracking is only evaluated as a whole. We also use web server log files to count visitors and evaluate the technical capabilities of our site. We use all this information to know how many people visit the Site, to organize the pages in the most accessible way possible, to facilitate navigation on the site and to make its pages more useful for users. We collect information about site traffic, but not about individual visitors. Consequently, no information relating specifically to you may be stored or used.

Session cookiesare strictly necessary to provide the services available through our website and to use some of its features.

Because these cookies are strictly necessary to provide the website, you cannot refuse them without affecting how our site functions, but you can still block or delete them by changing your browser settings.

browser and force blocking all cookies on this website.

Google Analytics Cookiescollect information that is used in aggregate form to help us understand how our website is used or the effectiveness of our marketing campaigns or to help us personalize the site to improve your experience.

• Lastly, Profilation cookies create user profiles and are used to send advertising messages in line with the preferences expressed by the same in the context of surfing the net.

The owner has decided not to use them due to the particular invasiveness that these devices can have in the private sphere of users.

The cookies collected for the purposes listed above may be communicated to the competent parties in charge of managing the site for the performance, even partial, of activities relating to the assignment.

This Site exclusively uses technical, navigation or session and analytics cookies to allow navigation and provide the service requested by the User. For all cookies other than technical ones, the express consent of the User is required the first time they visit the Site. A record of the consent is kept on subsequent visits, however the User always has the possibility to revoke it in whole or in part. the consent already expressed.

7.2. DURATIONSome cookies (session cookies) remain active only until the browser is closed. Other cookies (persistent cookies) “survive” when the browser is closed and are also available on subsequent visits by the user, and their duration is set by the server at the time of their creation with a pre-established expiry date. The setting can be defined specifically for different websites and web applications. Furthermore, the most common browsers allow you to define different settings for various types of cookies. You can set your browser to be notified in case of attempts to insert cookies, limit them or refuse them completely.

8. MODIFICATIONS TO THE ONFORCE REGULATION 

This Policy is in force from May 25th, 2018. Apura S.r.l. reserves the right to modify its content, in part or completely, also due to changes in the Privacy Law. Apura S.r.l. will publish the updated version of this document on the Site, and from that moment it will be binding: you are therefore invited to visit this section regularly. 

Owner of data tearment: Armin Funke with headquarter in “Piazza Porto 3, Gargnano 25084 BS – P.IVA 03560460176. “

Considered the objective complexity of the identification of cookie-based technologies and their integration very much related to the web, please refer to the link www.allaboutcookies.org. 

Delivery, sale and payment conditions (Italian law applies, jurisdiction Brescia or Milan).     

                                                                                                                                                                                                                          A) In general

Our conditions, set out below, are part of the purchase-sale/delivery contract. The delivery, payment and purchase conditions and all the conditions set by the counterparty, whether customer, supplier or third party, are not to be considered valid. Other and further communications are not foreseen. The conditions are valid starting today and for all future contracts.

Conditions other than the aforementioned are valid only if confirmed in writing.

B) Delivery Conditions

1) Our quotations are only valid for the indicated amount of time, and if not indicated, for a maximum of 3 months. In the event that: raw materials, fuel costs, energy, salaries or similar have increased considerably, we are free to invoice the current costs without respecting what is agreed upon in the offer. We are also free not to deliver (to deny the purchase contract by our customer) due to the occurrence of the situations described above.

2) Indicated prices, are to be intended to client’s charge, unless otherwise stated. As regards “urgent” goods, the buyer must pay the additional costs foreseen for such shipments, be they: “urgent/express/air, etc.”.

3) The repair estimate has a cost equal to 10% of the amount, in the event that the repair is canceled and/or a new product is not purchased.

4) Scrapping will be invoiced at the cost price of disposal (unless otherwise agreed or required by law)

5) Packaging is excluded from the price (unless otherwise agreed). For special packaging such as: pallets, containers, wooden boxes, etc. The packaging will be invoiced in relation to the purchase cost.

6)  Prices arealways to be considered net.

7) The risk related to transport is always borne by the customer even if it is carriage paid.

8) The delivery times indicated are to be considered: very probable. We are not obliged to respect the delivery terms (even if confirmed) when events outside our scope/responsibility occur such as: earthquake, strike, fire, bankruptcy, closure of subcontractors’ activities, accident, lack of energy, lack of raw materials . Due to closure, dissolution of business or bankruptcy of subcontractors, Apura has the right to cancel the sales contract, without recognition of any liability for any requests for compensation for damages by the customer. We are solely responsible for any claims for damages within the terms established by applicable law. The purchasing party has the right to cancel its order due to non-compliance with the delivery terms.

We reserve the right to partial deliveries. The purchasing party, for orders with the “continuous delivery” formula, cannot cancel the order or resend the material already delivered due to late delivery. The purchasing party has the right to revoke the order only for the material relating to the delayed delivery. Any revocation of an order has no influence on other orders which remain in force.

9) The maximum time limit for acceptance of the order by us is 2 weeks. Sending an order does not automatically mean that it is accepted. An order is to be considered binding for the purchasing party.

10) Without prior agreement between the parties, the return of ordered and delivered material is not permitted under any circumstances. The cost due for administrative/warehouse expenses will be subtracted from any credit note. This procedure is not valid in the case of goods with: “retention of title”.

11) We have the right to suspend deliveries and existing contracts with immediate effect when the purchasing company is in the process of: company dissolution, bankruptcy or insolvency request, payment difficulties or recognition of difficulties in the financial situation.

12)If the ordered material is not collected within 10 days of the “ready for collection” communication, an amount of €1.00 per kg/day will be invoiced to compensate for storage costs.

C) Payment conditions

Our payment terms are printed on the back of the invoice and on the order confirmation. Furthermore, the following conditions are to be considered valid:

1)Payments in agreed terms and methods are aways reported on the invoice and must be considered mandatory.

2) Our invoices are to be paid fully without deduction on eventaul bank or post fees.

3) The payment term means the cash receipts paid into our current account at that time, and not the date of the transfer. The payment risk, particularly relating to checks sent by post, is borne by the customer. If a further discount has been established compared to the one already applied in the price list (see retailer) on a supply with a deposit, the discount must be deducted in the last payment instalment. If a payment is received late, the discount no longer has any reason to exist.

4) The following are not accepted: endorsed drafts, drafts in general, endorsed or post-dated cheques, and other payments not previously agreed and confirmed. The customer must pay all costs of: a protested check, an uncollected bank receipt, etc. Minimum expenses are EUR 25.00. A “protest” causes the invoice in question to become due immediately, even if another payment has been made. We have the right to suspend supply or to deliver only on delivery or with advance payment.

5)If a customer pays late, Apura will have the right to invoice interest, to the extent of the T.U.S. of 8 points, but not more than double the current bank rate, plus any costs incurred for collection. Also in this case and in the case of previous agreements, we have the right to suspend deliveries, without our company being considered in default. We are entitled to compensation for damages. Furthermore, we have the right to request securities in other formulations (for example bank guarantees). If the customer does not agree or is unable to satisfy the request, we demand immediate payment of all open invoices (even unexpired invoices).

6) If the customer decreases payments, rounds up, or accumulates the figures to correspond with other invoices/deliveries, our written confirmation is strictly required. A reduction in payment is not accepted unless it has been confirmed in writing.

7) Payments are accepted exclusively: with support from our current accounts, or with “non-transferable” checks made payable to our company or to a possible liquidator. Payments to third parties of our invoices are not accepted.

8) A payment cannot be reduced or suspended due to disputes relating to the quality and quantity of the goods which have not been communicated in writing within eight days of delivery.

D) Retention of title

1) We reserve the right of ownership until full payment of the supply made, even if the customer issues promissory notes (see article 1523 et seq. of the Civil Code).

2) The right of ownership does not cancel the purchase contract, which remains in force at the time of this situation. The possibility of requesting compensation for damages also remains unchanged.

3) We have the right to:

a) sell the withdrawn material (for example: stored) on the free market and credit the customer with the amount realized minus our compensation costs

b) or to credit the purchase price less invoiced discounts and less an invoice for reduction of the value of the material (currently 20%).

4) If the material owned by us has been seized, the customer has the obligation within three working days to: notify the seizing party in writing and us for information, that the withdrawn material is not his property. The customer cannot use the material owned by us to request a credit.

5) The customer has the obligation to insure the goods in our possession against: theft, fire, etc. any insurance compensation must reach us in an amount appropriate to the amount of the material in our possession. The customer has the obligation to inform his insurance company and us within 3 days.

E)  Warranties

1) We are pleased to give guarantees on our products, without prejudice to these prerogatives:

a) the warranty relating to the material and equipment manufactured by us lasts 12 months from the date of departure from our warehouses, excluding parts subject to normal wear (unless otherwise indicated).

b) this guarantee is limited to the replacement of parts recognized as defective due to poor quality of material or manufacturing defect at the origin, if we had to replace a product entirely (on our own initiative), the guarantee does not restart with annual effect at that moment, but remains in force the initial one.

c) those parts rendered inefficient due to normal wear (particularly rings, mechanical parts, etc.) cannot be replaced free of charge.

d) the warranty is automatically canceled if what is supplied has been stored in an unsuitable manner, tampered with or assembled by unauthorized/inexperienced/incompetent personnel or due to bad use or in any case a different use which does not comply with normal indications.

e) the guarantees issued by the respective manufacturers apply to motors or other electrical/electronic equipment.

f) any damage found on the material supplied must be reported within 8 days of receipt.

g) any defective material must be returned to our office carriage paid.

h) we assume no responsibility for any damage caused by our. material to the customer or third parties due to defect, malfunction etc. We do not assume any warranty responsibility for parts damaged due to: high voltage (lightning or power surges), abnormal electromagnetic fields, which affect the electrical/electronic parts of our equipment. Our customer must ensure that the material works regularly, must take the necessary precautions protecting himself from the occurrence of conditions that may cause malfunctions.

i) Complaints relating to the quality and quantity of the goods must be made within eight days of delivery, after which they will not be taken into consideration. After this deadline the claim of: a reduction/non-payment will not be accepted.

j) Materials returned due to defects must arrive intact and be delivered to our warehouse carriage paid.

k) No compensation for damages can be attributed to us due to malfunction of our equipment. The customer must ensure (after start-up and periodically) that the appliances are functioning perfectly.

F) Jurisdiction and other clauses

 1) the competent court is the court of our registered office, even if the material was sold by our branches or representatives. In exceptional cases we also have the right to choose different jurisdictions (for example our client’s jurisdiction) without the client being able to claim rights of choice.

2) Only the law in force in Italy is valid. International sales law is excluded, Vienna UN (11 April 1990).

3) Our conditions of sale, supply and purchase are expressly accepted by the customer when placing the order and upon receipt of the order confirmation and/or upon receipt of the goods. We have the right to change our conditions at any time. Other conditions imposed by suppliers or customers have no validity, even if there has been no complaint made to the individual company. If a clause is no longer valid, the entire clause must be evaluated/interpreted in order to fully understand the original meaning. If a clause is deemed invalid, the other clauses will remain unchanged.

4) Telephone, verbal or e-mail agreements must be followed by written confirmation.

G) Maintenance/repair conditions at the user’s premises or at our premises. garage  

a) Our company is only liable for damage caused by its equipment and systems.

b) After an on-site or on-site repair, the user and the dealer must monitor the appliance and the system to exclude damage to other equipment, and/or other systems or to the production (check for leaks and operation). Our device. competence was tested at the end of the intervention, a control and testing certificate was left on site. Despite this certificate, the user or customer must check the system to exclude subsequent defects that did not emerge during the check. Water analyzers require a weekly check of water hardness, analysis reliability and a check of alarm signals (particularly limit alarms). The systems require particular checks on incoming and outgoing water, verifying their suitability in relation to use.

c) Our expertise ends with our equipment, which means that all output alarm signals have been verified and tested. The part relating to signal reception (programmer, PLC) has not been checked (unless supplied by us), therefore we cannot be aware of the subsequent processing of another programmer/PLC, and it is not within our competence to intervene on a part unknown to us. The customer must ensure that the management part of the system works adequately and that the signal is received correctly and that the programmer/PLC reacts as desired.

d) The inspection/testing and calibration certificate is valid for 12 months (as dictated by the law for laboratory equipment). Once the appliance has been tested, a malfunction cannot be ruled out before the expiry date. To this end, always check and keep the system under control.

e) Part of the testing involves only the operation of the appliance and not the hydraulic, electrical and electronic connections carried out by the retailer or the customer. A non-compliant connection with flying electrical wires cannot be attributed to our responsibility. If by chance a non-compliant connection is found, it can be indicated in the “customer information” part of the test report.

f) The successful testing is indicated with a self-adhesive plate on the appliance (on the system) with the expiry date. The expiry of testing and calibration must be checked and reported by the user.

g) Consumable materials are excluded from the repair guarantee, which are: indicators, sealing rings, moving material (motors, axles, valves, etc.). The certificate is canceled with unauthorized intervention on our part. customers or users.

h) For any disputes we ask for 7 days’ notice.

i) Guarantee on repairs: The guarantee is 12 months on replaceable parts (excluding wear parts, for example: gaskets, mechanical parts and others).

In the event of a dispute: if the appliance has been serviced at our facility. technical department must return the same carriage paid, while instead

If the repair was carried out at the user’s premises, another verification operation may be requested.

If during the inspection or intervention a non-replaceable part is found to be defective, invoicing will be issued for: work/output/replaced parts.

However, the articles & Ea, Eb, Ec, Ed, Ee, Ef, Eg, Eh, Ei, Ej and Ek always apply.

H) information law 675

1) we inform our customers of all the effects of law 675 of 12.31.1996. All personal data is collected for the supply of goods and for advertising of our company. We are free to make your data available to us. consultancy firm, of our. accountant, our lawyers (for debt collection) and public bodies. We guarantee not to make personal data available to third parties for advertising purposes. With the order/supply the parties expressly declare that they are aware of the content of article 13 of law 675/96 for data processing.

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