FAIR USE POLICY
FAIR USE POLICY FOR MOBILE AND DATA SERVICE
Subscriber’s use of the Service is subject to the following rules and guidelines contained in this policy. This policy is designed to ensure that Subscriber’s use of the Service does not break any law, hinder the efficient operation of Service Provider’s network, and interfere with the rights of other subscribers and other internet users.
Subscriber shall be responsible for ensuring that his/her use of the Service and internet account (if any) complies with this policy. Subscriber shall also be responsible for any use of the Service by any person who gains access to the Service or Subscriber’s internet account (if any)even if such access and use was done with or without Subscriber’s knowledge or consent.
Should Subscriber become aware of any violations of this policy by other subscribers, Subscriber should contact Service Provider at Service Provider’s Customer Service Hotline or via the contact form on the website.
FAIR USE POLICY FOR UNLIMITED CALLS
The unlimited offer is intended for personal use only and is subjected to the Fair Use Policy. We reserve the right to terminate/suspend promo subscription/s that violates this policy. This policy prevents network abuse, allowing us to fully optimize network capacity and maintain the quality of our services for you, our valued customer. The policy rules are based on the outgoing and incoming phone call traffic. At least three of the following four sentences should be respected to qualify the usage as fair for personal use:
FAIR USE POLICY FOR UNLIMITED DATA
The unlimited offer is intended for personal use only and is subjected to the Fair Use Policy. We reserve the right to terminate/suspend promo subscription/s that violates this policy. This policy prevents network abuse, allowing us to fully optimize network capacity and maintain the quality of our services for you, our valued customer. Specifically, we reserve the right to terminate/suspend the sim card if:
In order to grant the Quality of Service to all the customers, we also reserve the right to limit the speed of the connection of the single customers when detecting high consumption of the network resources by a single/limited numbers of customers.
ILLEGAL OR PROHIBITED ACTIVITIES
In order to grant the Quality of Service to all the customers, we also reserve the right to limit the speed of the connection of the single customers when detecting high consumption of the network resources by a single/limited number of customers.
IPTV, continuous download, and generally audio/video streaming usage is not allowed when using Unlimited plans, in order to don’t saturate the resources available for all the customers. Playing short videos on Social Networks is not restricted.
Subscriber agrees to use the Service only for the purpose agreed under this Agreement. Subscriber must not use the Service for any Prohibited Activity/ies, whether local or international. “Prohibited Activity/ies” include (but are not limited to) the use of the Service for:
(i) Any activity constituting cybercrime offenses under applicable law;
(ii) Any of the following activities:
(a) Using the Service to obtain or attempt to obtain unauthorized access to any computer, system or network; Accordingly, if Subscriber does not have authorization, Subscriber must not (nor attempt to): (i) access, monitor or use any data, systems or networks, (ii) probe, scan or test the vulnerability of a system or network, (iii) breach any security or authentication measures for a system or network, (iv) access the account or private information of any other person or entity, (v) access any server in violation of any acceptable use policy of that server.
(b) Using (or attempting to use) or distributing tools designed to compromise security including, but not limited to, password guessing programs, cracking tools, packet sniffers or network probing tools;
(c) Knowingly transmitting or disseminating any information or software which contains a virus or other harmful feature;
(d) Using (or attempting to use) the Service in a manner that may interfere with the technical operation of the Service or any other computer system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a Service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host; or
(e) interfering (or attempting to interfere) with the regular workings of Service Provider’s systems or network connections.
(iii) Accessing, posting, reproducing or disseminating content which may be identified or classified as contrary to law, regulation, industry code of practice, good customs, public morals, or public policy, including, without limitation, content/material containing (a) excessive physical and/or sexual violence, implied or simulated sexual activity, or materials which deal with issues or contain depictions that require an adult perspective, (b) detailed instruction in crime, violence or drug use, child pornography, bestiality, excessive violence or sexual violence, and/or (c) real depictions of actual sexual activity or criminal activities;
(iv) Accessing, posting, producing, reproducing, or disseminating content which violates the copyright or other intellectual property rights of other persons/entities. You assume all risks regarding the determination of whether such infringing material is in the public domain;
(v) Accessing, posting, reproducing or disseminating content that defames, harasses or abuses any person or violates any data protection or privacy law or regulation;
(vi) Any fraudulent activity, multi-level marketing scheme, pyramiding scheme or other illegal soliciting schemes;
(vii) Any other fraudulent activity punishable by law, including impersonating any person or entity or forging anyone else’s digital or manual signature; and/or
(viii) Any activity that constitutes a Bypass or Simple Resale. These are activities where a subscriber resells or uses the Service in violation of existing laws for an illegal purpose or uses the Service as part of ringback, dial-back, or similar operation, or avails of ringback, dial-back, or similar services utilizing the Services provided to subscribers.
SECURITY
Subscriber shall be responsible for any misuse of the Service, as set out in the preceding clause and shall take reasonable steps/precautions to ensure that unauthorized persons do not gain access to the Service and Subscriber’s Internet account (if any).
Subscriber shall be solely responsible for the security of any device he/she chooses to connect to the Service including any data stored on that device. Subscriber shall have full control and responsibility for ensuring the security and confidentiality of any software application, codes, passwords, IDs, and the like used with the Service. Subscriber agrees and acknowledges that any and all transmission made either through voice calls, Short Messaging Service (SMS) and, data/content originating from his/her account shall be conclusively presumed to be Subscriber’s transmissions and has been authorized by Subscriber. Further, Subscriber acknowledges that it is his/her sole obligation and responsibility to obtain the consent of all recipients of transmissions made using the Service.
For security purposes, Service Provider recommends against enabling file or printer sharing of any sort and further recommends that any file or service made available for remote access be protected with a password or other appropriate measures to prevent unauthorized access. Subscriber must immediately notify Service Provider of any unauthorized or attempted unauthorized use of the Service and any other breach or attempted breach of security.
SOFTWARE APPLICATION
Subscriber acknowledges and agrees that he/she will —(a) use the software application provided and installed by Service Provider (”Application”) on Subscriber’s Device or CPE in a proper manner and will not re-configure or tamper with the Application as stated in the relevant software license agreement or user’s guide; (b) not allow the installation of the Application to any other Device, CPE, personal computer, or any other storage device such as a network server unless covered by the relevant software license agreement; (c) not, without Service Provider’s prior written consent, resell or transfer, rent, lease or lend the use of the Application; and (d) not reverse engineer, decompile, or disassemble the Application.
Subscriber agrees to promptly report to Service Provider any problem with or damage to the Application, as well as any circumstances or actions of other persons which Subscriber may reasonably believe, may cause damage to the Service.
RISKS OF THE INTERNET
Some activities that Subscriber can perform when accessing the Internet may be harmful or may cause loss to Subscriber or to other people that may access the Service, or Subscriber’s Device or CPE. Such activities include (but are not limited to): (i) downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to Subscriber’s Device or computer, (ii) purchasing goods or services using the Internet, (iii) transmitting confidential information over the Internet (such as Subscriber’s credit card number or other personal information), or (iv) accessing and viewing content on the Internet or otherwise available through the Service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensive and/or unsuitable for children).
Subscriber bears all risk associated with the activities referred to in the preceding paragraph, and Service Provider does not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such activities.
Subscriber may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. Service Provider may provide access to one or more of these filtering solutions at a reasonable cost to Subscriber as part of the Service.
CONTENT PUBLISHING
Subscriber shall be solely responsible for any content that he/she publishes via websites, email, newsgroups, online forums or other publishing mediums accessed via the Service. Accordingly, Subscriber undertakes that he/she will:
(i) not publish (via websites, email, newsgroups or other publishing mediums accessible vie the Service) any content/material when such publication may be classified as a Prohibited Activity; and
(ii) take appropriate precautions to prevent minors from accessing or receiving any content published by Subscriber that may be inappropriate for them. Such precautions include implementing a restricted access system or the use of appropriate warnings and/or labelling systems in respect of content which is likely to be considered unsuitable for children.
Service Provider reserves the right to block access to, to remove, or to refuse to post any content, in whole or in part, that Service Provider, in its sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes (but is not limited to) obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or intellectual property rights of others, or is likely to be defamatory of another person.
Service Provider reserve the right to remove certain prohibited or potentially prohibited content from its servers or to prevent users from accessing certain Internet content. Service Provider may take any steps necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from third parties, including removing any content (including part or all of a website) from its servers, blocking access to newsgroups, closing or suspending Subscriber’s account, filtering the Internet content made available to Subscriber or restricting access to a particular website. Service Provider may take these steps at any time and without notice to Subscriber.
Service Provider reserves the right that allows copyright owners or their agents to direct Service Provider to remove copyrighted materials from Service Provider’s servers or to prevent users from accessing such copyrighted materials. Service Provider may take any steps necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from its servers, closing or suspending Subscriber’s internet account, filtering the Internet content made available to Subscriber or restricting access to a particular website. Service Provider may take these steps at any time and without notice to Subscriber.
Service Provider is under no obligation to monitor transmissions or published content on the Service. However, Service Provider (or any of its agents) have the right to monitor such transmissions or published content from time to time to ensure that Subscriber is complying with the terms of this policy, and to disclose that content as required.
By using the Service to reproduce, publish, display, transmit or distribute content, Subscriber warrants that the content complies with this policy and authorizes Service Provider (or its agents) to reproduce, publish, display, transmit and distribute such content as necessary for Service Provider to deliver the content in a timely manner.
ELECTRONIC MESSAGING AND SPAM
Subscriber must not use the Service to send spam, scam messages, or bulk and/or unsolicited texts or messages. For avoidance of doubt, “spam” means unsolicited texts and broadcasts for the purpose of offering services, selling products, or otherwise disseminating information about a promo, event or advocacy sent from any device and/or application, whether or not such messages include accurate sender information or contains an unsubscribed facility. ”Scam messages,” on the other hand, means unsolicited and fraudulent and/or bogus texts or messages with the purpose of getting any form of gain or benefit from the recipient thereof, whether the sender is known to the recipient or not.
Spam and/or scam messages include, but is not limited to, commercial advertising, informational announcements, chain letters, and political or religious messages. Subscriber must only send such messages to those individuals who have explicitly requested it.
The Service must not be used to: (i) send messages to any individual or entity who has indicated the he/she/it does not wish to receive messages from Subscriber, or (ii) collect or redirect responses from unsolicited messages sent from accounts on other Internet hosts or messaging services which violate this policy, or the equivalent policy or any other policy of any other Internet service provider or website.
Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses Service Provider’s network.
Subscriber must not: (i) obscure, alter or delete the source of the messages that he/she sends or forge message headers, (ii) send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or account (for example, ‘mail bombing’), (iii) send chain letters, whether or not the recipient wishes to receive such mailings.
Service Provider shall not be responsible for forwarding or storing messages sent to any account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at Service Provider’s sole discretion.
ONLINE FORUMS
In addition to the previous clauses, messages posted by Subscriber to online forums must comply with the written charters for that forum. Subscriber shall be responsible for determining the policies of a given forum before posting a message to it. Data files may only be posted to online forums that specifically permit this.
Posting or cross-posting the same or substantially similar messages to more than eight online forums is prohibited.
Subscriber must not disrupt or attempt to disrupt online forums by posting a large number of messages that contain no substantive content. Disruption occurs when normal discussion in the group is significantly hindered.
Subscriber must not use the Service to connect to an online forum from which Subscriber has been previously banned.
RESALE OR BUNDLING OF SERVICE
Subscriber agrees not to resell, redistribute the Service or any portion thereof to any party, whether temporary or permanent, for value, or allow any such other party to occupy, use, and/or gain access to the Service without Service Provider’s written consent.
Subscriber further agrees that he/she will not use the Service as part of another telecommunication service or as a medium of promotion, publicity for any campaign for whatever purpose, of whatever nature, by whatever name called which is likely to generate a change in the usage of the services in excess of his/her daily usage of the service, and/or likely to cause congestion in Service Provider’s network.
VIOLATION OF ACCEPTABLE USE POLICY
Upon cancellation of Subscriber’s internet account, Service Provider is authorized to delete any files, programs, data, and email messages associated with Subscriber’s account.
In order to enforce this policy, Subscriber authorizes Service Provider (or its agents) to cooperate with the law enforcement authorities in the investigation of suspected criminal violations and system administrators at other Internet service providers or other network or computing facilities. Such cooperation may include Service Provider providing, for example, the username, IP address or other identifying information about a user.
Service Provider reserves the right to investigate any use of the Service that it reasonably suspects violates this policy, including the gathering of information from the users involved and the complaining party, if any, and examination of transmissions and material on Service Provider’s servers and network. During an investigation, Service Provider may suspend the internet accounts involved, interrupt transmissions and/or remove material that it reasonably believes potentially violates this policy.
Service Provider is not obligated to regularly monitor Subscriber’s usage of the Service (including any content posted, disseminated or accessed by Subscriber); however Service Provider reserves the right to monitor Subscriber’s use of the Service to identify violations of this policy, and to protect its network, the other users of the Service, and other Internet users.
Service Provider may take any other legal or technical action it deems appropriate to identify offenders or violators of this policy, including taking action against offenders to recover the costs and expenses of identifying them. If Subscriber’s use of the Service causes loss to third parties and Service Provider is required to pay compensation, Service Provider may require Subscriber to reimburse Service Provider.
Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate disconnection, suspension or cancellation of all or any portion of the Service.
If Subscriber, or someone with access to the Service, uses the Service in a way that Service Provider reasonably believes violates this policy, Service Provider may take any responsive action it deems appropriate.
ART. 1 - PURPOSE OF THE CONTRACT
1.1 - The purpose of this contract is the provision of "messaging and telecommunications services" to the Customer by Canary Islands BLIVALE S.L. based on Tenerife (Spain), hereinafter referred to as 'BLIVALE', for' courier and telecommunications services, For 'sending and receiving faxes by e-mail, sending and sending SMS text messages, telephone voice' below 'services'.
1.2 - BLIVALE services will be sold online at www.blivale.com website, or sold through distribution channels, such as distributors, retailers, stores, agents and network marketing or multilevel marketing.
1.3 - Before using any service offered by BLIVALE the user / customer must register at www.blivale.com.
1.4 - BLIVALE for the sale and distribution of these services is the Official Partner distributor who have defined and implemented the mentioned services, with offices in several countries, as in London, England, Dubai, the United Arab Emirates and Hong Kong, And others, so BLIVALE uses all its devices, services, servers, hubs and technologies in its power.
1.5 - The terms and conditions of this will be updated regularly as additional food will be dedicated to customer services that private companies.
ART. 2 - The duration of the contract and withdrawal
2.1 - This contract extends from the date of purchase and activation of at least one service.
2.2 - For the services that require the payment of a fee, the duration of the contract coincides with the period of validity of tariffs. The contract can be automatically renewed for the period of validity of tariffs if the customer explicitly requests.
2.3 - For the provision of services, the duration of the contract coincides with the maturity of the credit.
2.4 - Free services do not have an expiration date and can be canceled by users or BLIVALE at any time and without payment of additional amounts.
2.5 - For payment services, BLIVALE may, in its sole discretion, withdraw the contract and / or all services in advance at any time, with at least seven days notice. The notice is not necessary in the case of a withdrawal for a just cause, which may include but is not limited to traffic is judged in the discretion of BLIVALE in case of fraud as abnormal or too high or suspected.
2.6 - For payment services, the customer can withdraw in advance the contract and / or all services at any time with a notice of seven days, BLIVALE payment of the fees for the use of the periods of service that have already expired.
ART. 3 - ADMISSION REQUIREMENTS
3.1 - To use all BLIVALE services, except for Internet access services, which are governed by a different contract, the customer must have access to an Internet connection.
3.2 - To use the services require the sending of email account information, the customer must have at least one email account.
3.3 - To use the telephony service or services involving the sending of messages of any kind that were provided information about the sender, the client must carry out so-called validation procedures on www.blivale.com site and reserves the BLIVALE right to:
A) Request that these procedures are also carried out for other services will be provided as controls against fraud;
B) not activate or deactivate existing services, if the client does not perform the validation procedures.
3.4 - In order to use the Services, the Client must make an advance payment for the payment mechanism. The traffic consumed will be deducted from the credit.
3.5 - After receiving the payment and complying with the entry requirements mentioned in this section, the activation is usually presented in minutes with a maximum of 3 working days.
ART. 4 - access credentials
4.1 - BLIVALE or on its behalf, the client's cell phone, which has been specified, will be sent the necessary credentials to manage the access to BLIVALE services and update their personal information.
4.2 - The client is required to maintain and protect their login credentials with the utmost care and will be directly responsible only for the damage that the misuse of these may cause BLIVALE or third.
4.3 - In case of loss or theft of the password, the client must change the password with his area or accessing the help service activating a ticket in www.blivale.com site.
ART. 5 - TELEPHONE NUMBERS
5.1 - BLIVALE assign each customer at least one personal telephone number to receive calls and other services.
5.2 - The customer number is attributed to the use of BLIVALE services. The signature of the contract for the sole purpose of being assigned a number, including the request for free portability to the network of another operator represents a breach of contract.
5.3 - BLIVALE associate the same personal telephone number with the customer for the duration of the contract, except:
- development of technical or regulatory incompatibilities with numbers;
- Failure to pay within the period specified by BLIVALE limited its service for which the number was obtained.
5.4 - Under current law, BLIVALE may reassign another a telephone number, for any reason, including termination of customer contract, and this number is no longer assigned to the customer.
5.5 - The customer acknowledges his right to request portability to another number assigned by the BLIVALE operator in accordance with the procedure established by the laws and regulations. The conclusion of portability requires the termination by BLIVALE of the services associated with the ported number. If the client signs a contract with another operator that requires the portability of the assigned number BLIVALE and authorize the execution of the contract before the term for the exercise of the right of withdrawal granted to the consumer any subsequent exercise of this right may lead to the signing of a contract New contract with BLIVALE, as it can not guarantee the automatic restoration of the previous contract situation.
ART. 6 - Telephone lines associated with the customer account
6.1 - The numbers assigned to BLIVALE for voice services can make or receive a maximum of two calls at the same time in one of two directions. Beyond the above limit, users who call the line will hear a busy signal and are no longer able to make calls.
6.2 - In case of congestion of the telephone lines connected to BLIVALE systems, the users who call lines will hear a busy signal, although BLIVALE will do everything possible to avoid it.
ART. 7 – SERVICE
7.1 - Requests for assistance for any service available by phone, email or via a Ticket on the Helpdesk at www.blivale.com site. The service can be managed at the moment in three languages: English, Spanish and Italian.
7.2 - BLIVALE does not provide support for any software used by the client that does not come from the same BLIVALE.
ART. 8 - RIGHT TO WITHDRAW
8.1 - By activating the services that the customer can exercise the right of withdrawal granted by the provisions on distance contracts within 14 days of the acceptance of this agreement. However, the refund can not be requested by the customer, as these services have been purchased and delivered and enabled.
8.2 - BLIVALE agrees that the service will be activated or activated during the waiting time. In this case, if you exercise your right to resolve, BLIVALE reserves the right to call the customer an amount proportional to what has been provided so far.
ART. 9 - PRICE AND FORM OF PAYMENT
9.1 - The prices of the products and services indicated in the lists published on the website www.blivale.com.
9.2 - For the services that require the payment of an activation fee and / or the payment of the annual fee in advance, activation occurs after receipt of the fees and costs associated with these BLIVALE activation services. For services that require payment of a fee that is not fully paid in advance, activation will take place upon receipt of the BLIVALE payment to the client a rate request and any activation fee.
9.3 - Services that require a fee may be renewed for the next payment period before the expiration date of the service.
9.4 - Payment can be made on the terms and conditions on the website:
A) online with a credit card
B) another authorized by the BLIVALE payment systems will be announced on the website www.blivale.com.
9.5 - The invoice will be issued once the payment has taken place.
ARTICLE 10 - Obligations for proper use of customers
10.1 - Services provided by BLIVALE can not in any case be used by customers for illicit purposes and / or cause discomfort to others. In these cases, BLIVALE may, at its discretion, cancel the services immediately, without saying anything, and gives the clients. BLIVALE has the right to sue for compensation for any damages suffered.
10.2 - The use of BLIVALE services and systems to carry out arbitration activities or telephone traffic, in general, the development of telecommunications traffic in order to obtain for themselves or for third parties advantages, bonds, loans and easy implementation and / Or reception, including unanswered communication of all kinds. By way of example, but not limited to, you can not use any BLIVALE system to gain an advantage for themselves or for others, through phone calls, text messages sent to mobile or fixed numbers, with the so-called "-complemento "Auto or" "offers or" reward "premium personal numbers" or "" or "cost-sharing numbers," which pay in cash or credits or benefits to the owner or user of the series. In these cases, BLIVALE may, at its discretion, immediately terminate the client's services, without having anything for the client. BLIVALE has the right to sue for compensation for any damages suffered.
10.3 - Resale to third parties in any way, the services provided by BLIVALE is prohibited.
10.4 - The service provided by BLIVALE is for the customer, who will then be solely responsible for the use of the service.
10.5 - If traffic is considered abnormal by BLIVALE, or even leads to suspicion of possible fraud, illegal activities, or breach of contract, or even technical problems that could jeopardize the BLIVALE infrastructure or other operators, BLIVALE may Suspend, even selectively, the services provided and / or access the website without any charge for it. BLIVALE will resume services after further testing does not confirm suspicions. BLIVALE has the right to sue for compensation for any damages suffered.
10.6 - Abuse is determined by a user revocation If BLIVALE observed the use of the service that is not in compliance with the laws governing the call center business, it may suspend the service, also on the basis of a mere suspicion, number Of customer and the closing of the contract, without having anything for the client.
10.7 - Respect the Fair Use Policy. This policy can be found at this link: FUP (Fair Use Policy).
ART. 11 - LIMITATION OF LIABILITY AND INDEMNITY
11.1 - BLIVALE will not be responsible, except in cases of fraud or gross negligence, for damages resulting from bad service, failure to send or receive messages from any block of services of type, malfunction, poor quality or by phone, inefficiencies, Delays or errors in sending or receiving messages.
11.2 - BLIVALE will not be responsible in any way, since it has no control over the equipment involved, due to poor service due to the switching of errors in the public telephone network, resulting in the delivery of the call or with a number Of destination phone that is not correct.
11.3 - BLIVALE shall not be liable for damages that may be caused to the Client or any third party for loss or delay in the delivery of e-mails after the transmission to an SMTP server for the clients of the e-mail domain.
11.4 - BLIVALE shall not be liable in any way for the damage caused to the client or third loss or delay in the delivery of emails resulting from the inability to achieve through the public for any reason at least one SMTP server for The email client domain.
11.5 - BLIVALE will never be responsible for any problems related to the malfunction of the VOIP services that are attributable to the improper / appropriate / incompatible SIP client, or client, configuration or any part of the network that is not under the BLIVALE control.
11.6 - BLIVALE is not responsible in any way for the content of messages sent, transmitted or received through its services, as well as telephone calls made by customers. The customer BLIVALE explicitly indemnifies for possible claims for damages and damages by third parties in relation to the content of the messages or telephone calls.
11.7 - BLIVALE shall not be liable in any way for any damages caused to the Client or third party in accordance with the laws, the numbers that have been previously assigned to the others.
11.8 - BLIVALE will not be responsible in any way for the misuse of numbers for BLIVALE of any claim or penalties by regulatory authorities or third parties, which will be fully supported by the client.
ART. 12 - Confidentiality of messages in transit and data protection
12.1 - BLIVALE does not compromise access and / or intercept the content of messages and / or telephone calls in transit through its systems, not to communicate said content to third parties, except when required by law, at the request of the police authorities . Similarly, it fits the rules for handling data traffic.
12.2 - All personal data are collected and managed to complete all necessary measures to provide messaging and telecommunications services offered by BLIVALE, as well as for statistical purposes and to send commercial email client email functions Products and services that are similar to those acquired by the customer. The name of the client company may be used by BLIVALE as a reference in trade negotiations. With your consent, which can be freely expressed by checking the box at the time of registration, BLIVALE can send your business correspondence or third parties via SMS, fax or email. Consent to such correspondence may be revoked at any time by contacting BLIVALE customer service or activation of a ticket in the helpdesk at www.blivale.com site.
The customer can modify and update their personal information by accessing, using the user ID and password, to the control panel through the web page www.blivale.com.
ART. 13 - Contractual changes
13.1 - BLIVALE may make changes to this agreement by notifying the customer at least 30 days before the changes take effect. If you do not accept that you have the right to cancel the contract, and nothing is owed by the BLIVALE customer.
PRIVACY POLICY USERS CANARY ISLANDS BLIVALE S.L.
Canary Islands BLIVALE S.L. (hereinafter "BLIVALE") as the data controller wishes to inform users (hereinafter "Users") of the www.blivale.com website (hereinafter "SitoBLIVALE") about the processing of personal data provided to BLIVALE, as required by the new European Regulation n. 679/2016 concerning the protection of personal data (the "European Privacy Regulation"), applicable from 25 May 2018.
1. Owner and responsible for processing
The Data Controller is Canary Islands BLIVALE S.L. with registered office in Calle San Agustin 43 - Edificio tigaray - 38410 Los Realejos - Santa Cruz de Tenerife - Spain and can be contacted at the following email address:
2. Personal data collected
BLIVALE treats, in accordance with this privacy statement, the data provided by Users, including
a) the personal and contact data provided when creating an account on the Site;
b) data relating to purchases made through the Website;
c) the navigation data relating to the use of the services offered through the Site collected through cookies in accordance with the information on cookies available at the following link https://www.blivale.com/en/information-on-the-use-of-cookies ;
d) the data provided in case of request for information and assistance; is
e) the data provided and collected for the purposes and in the context of any participation in BLIVALE competitions and / or prize operations, provided that in this case this information will be integrated with the information that regulates the processing of personal data of related competitions and / or prize operations.
There are no data on health and in general particular categories of personal data pursuant to Article 9 of the European Privacy Regulation. The data of minors will be processed according to the procedures described in paragraph 8 below.
The above data are processed only to the extent to which they are necessary to achieve the purposes described in paragraph 4 of this statement.
3. Methods of data processing
The User's personal data are processed with the support of electronic and / or paper means and are protected by appropriate security measures to guarantee the confidentiality and security of personal data. In particular, BLIVALE adopts appropriate organizational and technical measures to protect the personal data in its possession against loss, theft, as well as the use, disclosure or unauthorized modification of personal data.
BLIVALE proceeds to the anonymization of personal data and the removal of identification data if there is no need to process personal data in an identifiable form for the purposes of treatment and at the expiry of the retention period indicated in paragraph 10 below.
4. Purposes of the treatment
The purposes for which the User is requested to provide BLIVALE with their personal data are as follows:
a) to allow the User to register on the Site by creating a personal account and carrying out the activities regulated in the Terms and Conditions of the Website, including purchases on the Website, using the services made available through the Website, including the activities of participation in competitions with prizes and customer support services and to assert and defend the rights towards the User and third parties (hereafter referred to as "Contractual Purposes");
b) comply with any legal and regulatory obligations (hereinafter referred to as "Purpose of the Law");
c) with the prior consent of the User, to send newsletters and commercial communications, through traditional and remote means of communication including emails, SMS, MMS, social networks, instant messages, mobile applications, banners, fax, mail and telephone, for the promotion and / or sale of products and / or services marketed by BLIVALE and for surveys of customer satisfaction ("BLIVALE Marketing Purpose");
d) with the prior consent of the User, to send marketing communications from other BLIVALE group companies and / or commercial partners, in relation to their products and services in accordance with the procedures referred to in point c) above, the list of which is available at the request of the User ("Third Party Marketing Purposes");
e) in the event that the User has given his consent to the processing of his data for BLIVALE's Marketing Purposes, send newsletters and communications relating to the products and services marketed by BLIVALE through email, SMS with a frequency not exceeding 3 communications per month to Users identified solely on the basis of non-invasive categories to which they belong, such as, the age group, the possible opening of previous newsletters received, the manner in which the User makes his purchases ("Legitimate Interest Interests of Marketing "); is
f) carry out activities that are functional to the sale of companies and business units, acquisitions, mergers, demergers or other transformations and for the execution of such transactions ("Legitimate Business Interest Intent").
5. Legal basis of the processing
The processing of personal data for Contractual Purposes is mandatory as necessary for the purposes of registration, the performance of the activities referred to in the Conditions of Sale of the Site, the purchase of products online and for the use of specific services offered through the Site. The provision of personal data for the purposes of the law is mandatory as required under applicable laws. In the event that the User does not want his personal data to be processed for these purposes it will not be possible for him / herself to use the Website and the services made available through it.
The processing of personal data for BLIVALE's Marketing Purposes is optional and subject to prior consent by the User. Failure to provide the consent will make it impossible for BLIVALE, BLIVALE group companies and / or selected business partners to keep the User updated on new products or services, promotions, customized offers, as well as to carry out market surveys and send communications or other information material that could be in line with their interests.
The treatment for the purposes of legitimate marketing interests is functional to the pursuit of a legitimate interest of BLIVALE adequately balanced with the interests of the Users in light of the limits imposed on this treatment illustrated in paragraph 4 f) and will be executed with effect from 25 May 2018 , starting date of the effectiveness of the Privacy Regulations.
The treatment for the purposes of legitimate business interests is carried out pursuant to Article 24, paragraph 1, letter d) of the Privacy Code and for the pursuit of the legitimate interest of BLIVALE and its counterparties to the performance of the economic operations indicated therein pursuant to of article 6, letter f) of the Privacy Regulation, adequately balanced with the interests of the Users as the processing takes place within the limits strictly necessary for the execution of these operations.
6. Scope of communication and dissemination of data
BLIVALE, for the purposes referred to in paragraph 4, may communicate the data of the Users, strictly necessary for each type of treatment, to the following categories of subjects:
a) to BLIVALE's collaborators, employees and suppliers, as part of their duties and / or any contractual obligations with them, regarding the commercial relationships with the Users;
b) to subcontractors and / or subcontractors engaged in activities related to the execution of the services and products offered by BLIVALE;
c) to other BLIVALE group companies, national and international, located in countries, better specified in paragraph 7 below;
d) to post offices, shippers and couriers for sending the products purchased by the User and / or other material relating to the performance of BLIVALE services;
e) to legal, administrative and fiscal consultants within the limits necessary or functional to the activity of BLIVALE, in the manner and for the purposes illustrated above; is
f) to banks for the management of collections and payments deriving from the execution of contracts with the User.
The User's personal data will not be disclosed.
7. Personal data are transferred abroad
Personal data may be freely transferred outside the national territory to countries located in the European Union, but could also be transferred outside the European Union and in particular in the United Kingdom, Asia, the Americas and Oceania. Any transfer of the User's personal data in countries located outside the European Union will, in any case, take place in compliance with the appropriate and appropriate guarantees for the purpose of the transfer in accordance with the applicable legislation and in particular with Article 44 of the Privacy Code and articles 45 and 46 of the Privacy Regulation.
The User will have the right to obtain a copy of the data held abroad and to obtain information about the place where such data is stored by expressly requesting it to the Data Controller at the address referred to in paragraph 9 of this statement.
8. Minors of 16 and 18 years
The site offers services that can also be used by individuals under the age of 16 and 18. In these cases BLIVALE collects and processes the personal data of minors exclusively for the purposes and with the methods set out in this statement in compliance with the rules on the processing of personal data of minors pursuant to art. 8 of the Privacy Regulation with the prior consent of the parent and / or guardian and / or the person acting on his behalf whose data can be collected only to obtain this consent in accordance with the procedures provided by the Site.
Our site is not designed for children under the age of 13. We do not intentionally collect personal data about visitors of that age group.
9. Rights of Users
The User can, at any time and for free
(a) obtain confirmation of the existence or not of data concerning him and of communication;
(b) know the origin of the data, the purposes of the processing and its methods, as well as the logic applied to the processing carried out through electronic tools;
(c) request the updating, correction or - if interested - integration of data;
(d) obtain cancellation, transformation into anonymous form or blocking of data that may be processed in violation of the law, as well as to oppose, for legitimate reasons, processing;
(e) object, in whole or in part, to the processing of data concerning him for the purposes of direct marketing carried out through automated methods and / or traditional methods;
(f) revoke, at any time, the consent to the processing of data, without prejudice in any way to the lawfulness of the treatment based on the consent given prior to the revocation.
In addition to the rights listed above, the User will be able to benefit with effect from 25 May 2018 of the rights referred to in paragraph 10, lett. b) of this information.
At any time the User can exercise the above rights, change the contact details, notify BLIVALE any updates to their data, request the removal of their personal data communicated by third parties, or to obtain further information about the use from part of BLIVALE of personal data, by contacting BLIVALE at
10. Third party websites
The SitoBLIVALE provides links to external websites, which do not fall within the sphere of BLIVALE control. BLIVALE does not represent third party websites. When you access sites that are not BLIVALE, you do so at your own risk. BLIVALE is not responsible for the reliability of data, opinions, advice or statements made on third party websites. BLIVALE provides these links for mere convenience. The inclusion of such links does not imply that BLIVALE endorses, recommends or assumes any responsibility for the content of such sites.
11. Provisions applicable from 25 May 2018
The following provisions will become effective as of May 25, 2018, as a consequence of the beginning of the effectiveness of the Privacy Regulations.
a) Term of retention of personal data: BLIVALE will retain personal data for the period necessary to satisfy the purposes for which they were collected in accordance with paragraph 2 above. In any case, the following retention periods apply to the processing of personal data for the following purposes:
- the data collected for the Contractual Purposes referred to in paragraph 4, lett. a) are kept for the entire duration of the contract and for the 10 years following the expiration of the same for defense purposes and / or to claim a right to BLIVALE in court and / or out-of-court in case of disputes related to the execution of the contract ;
- the data collected for the purposes of the law referred to in paragraph 4, lett. b) are kept for a period equal to the duration prescribed for each type of data by law;
- the data collected for the BLIVALE Marketing Purposes referred to in paragraph 4, lett. c) are kept for a period equal to the entire duration of the User's registration to the Site through their account and / or participation in the competition and / or collection as well as for the 2 years following the end, deactivation and / or cancellation of the same;
- the data collected for the Third Party Marketing Purposes referred to in paragraph 4, lett. d) are kept for a period of 12 months from collection;
- the data collected for the purposes of legitimate marketing interest pursuant to paragraph 4, lett. e) are kept for a period equal to the entire duration of the User's registration to the Site, through their account and / or to participation in the competition and / or collection, and for a period of 2 years following termination, deactivation and / or cancellation of the same;
- the data collected for the purpose of legitimate business interest pursuant to paragraph 4, lett. f) are kept for a period of 10 years from the time of collection.
Once the terms indicated above have elapsed, the User's data may be deleted, anonymised and / or aggregated.
b) Additional rights: the User may at any time, according to the procedures referred to in paragraph 9 above,
(a) request the limitation of the processing of personal data in the event that (i) contexts the accuracy of personal data, for the period necessary to verify the accuracy of such personal data; (ii) the processing is unlawful and the User opposes the deletion of personal data and requests instead that its use be limited; (iii) although BLIVALE no longer needs it for processing purposes, personal data are necessary for the User to ascertain, exercise or defend a right in court; (iv) the User has opposed the treatment pursuant to art. 21, paragraph 1, of the Privacy Regulation pending verification of the possible prevalence of the legitimate reasons of the data controller with respect to those of the interested party;
(b) oppose at any time the processing of personal data;
(c) request cancellation of personal data concerning him without undue delay;
(d) obtain the portability of personal data concerning him;
(e) propose a complaint to the Data Protection Authority where the conditions exist.
12. Changes and updates
This information is valid from the date indicated in its header. BLIVALE could also make changes and / or additions to this information, also as a consequence of any subsequent amendments and / or regulatory additions to the Privacy Regulations.
If the User has doubts, comments or complaints about the methods of collection or use of his personal data, please contact BLIVALE through the Contact section of the Website.
Canary Islands BLIVALE S.L. and BLIVALE LTD (part of the BLI.IT group of Bergamini Lorenzo)
Registered and Operating Office: Venice, Italy
VAT: IT03312180361
Contact: info@blivale.com
Share Capital: €800,000.00 fully paid-up.
WhatsApp 24/7: +34 634 62 56 06
