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Service contract for the registration on the BlancOne platform

This Contract for the registration on the BlancOne platform (hereinafter called the "Contract ") is stipulated between IDS SpA, based in Savona, Via Valletta San Cristoforo n. 28/10, VAT number  00786780098 and the subject accepting the terms herein included with the purpose of the registration as a BlancOne Centre (hereinafter called "Centre").
This Contract enters into force from the date in which the “Centre” clicks on the button "Accept" as following described ("Effective Date").
This Contract regulates the registration on the BlancOne platform and the use of the services by the “Centre”.

1. Services
1.1 Description of the services of the BlancOne platform
Given that the purpose of the BlancOne platform is to supply the Centres a range of tools for the management and promotion of the BlancOne treatments, as a consequence of having filled in the registration form by the BlancOne Centre the services of the BlancOne platform will be activated and supplied by IDS SpA at the following conditions:

The BlancOne Centre authorises IDS to include its name amongst the authorised BlancOne Centres published on the dedicated website www.blancone.eu;
The BlancOne Centre authorises IDS to publish on the website www.blancone.eu its details (name, address, telephone number, mail, opening hours and any other detail which will be supplied by the Centre through its dedicated area) as a BlancOne Centre.
The BlancOne Centre authorises IDS to process personal details anyhow present.
The data object of this authorisation can be used by IDS to promote its commercial and marketing initiatives.
It will be possible to ask for the data to be modified or cancelled at any time, the details can be modified by the Centre through its dedicated area;
The BlancOne Centre, in filling in the personalised Centre chart, guarantees the truthfulness of the data in it indicated;
The BlancOne Centre agrees to communicate to IDS its willingness to be included in the promotional group indicated by the centre, belonging to a promotional group will indicate the minimum price to which the Centre is willing to perform the BlancOne treatments;
The BlancOne Centre agrees that publishing the chart is a choice and not a duty of IDS;
The BlancOne Centre agrees that the presence of the Centre on the BlancOne platform depends on the purchase by the “Centre” of tooth whitening products of IDS production;
The BlancOne Centre acknowledges that failing to purchase IDS tooth whitening products for a period of 6 months will automatically result in the possible removal of the “Centre” name from the BlancOne platform by IDS;
The BlancOne Centre agrees to implement, after having obtained informed consent and authorisation to use the images by the patients, the charts concerning treatments performed (patients’ details, before and after pictures,  identification code of the product used), accessible by the patient by means of access to the dedicated area.
The BlancOne Centre agrees that IDS has absolutely nothing to do with the procedures concerning the request of informed consent and authorisation to use images by the patients, of which, the BlancOne Centre is fully in charge as the unique subject responsible of the relations with the patients.

1.2 Resources and data transfer
All the resources used to file and process the “Centre” data will match reasonable safety standards, not inferior to those adopted for the resources used by IDS to file and process its information of a similar nature. IDS have adopted at the very least the standard systems and procedures of the industry aimed at guaranteeing safety and privacy of the “Centre” data, to protect such data from threats or dangers assessed for safety and integrity and to prevent access or unauthorised use of such data. Within the supply of services, IDS will have the faculty of transferring, store and process the “Centre” data in any country in which IDS or its agents operate. By using the Services, the “Centre” agrees to the transfer, processing and storage of the data.

1.3 Modifications
IDS have the faculty to implement modifications to the BlancOne platform, including its discontinuing, without having to notify the “Centre” about it.

1.4 Data retention 
IDS do not have to retain any data filed by the “Centre” beyond the period of activation of the service (except for data subject to legal hold). In case of cancellation of the “Centre” from the BlancOne platform, IDS have no obligation to retain any filed data of the “Centre”. The “Centre” authorises IDS to retain the data even after the service has been discontinued.

2. Responsibility of the “Centre” and prohibitions
2.1 Waiver
The “Centre” releases IDS from any responsibility in case of lawsuits, legal actions, governmental or administrative proceedings, loss or damage (including legal and professional fees) arising from the illegal use of the services by the “Centre” or by one or more of its users.
The civil and criminal liability arising from the use of the Services and Data lies entirely with the “Centre”.
IDS have no obligation to check the Data entered by the “Centre”, unless specifically requested by the competent authorities.
The “Centre” makes use of the services supplied by IDS taking charge of all responsibilities connected to its action and to the use of the App service.

2.2 Prohibition of use for illegal purposes
It is forbidden to the “Centre” to use the App Service for illegal purposes, to send unsolicited advertising (also called "spamming" or "spam") to discussion groups ("newsgroups") and/or to addresses of users who are not connected to the sender.
It is furthermore forbidden the publishing of:
a) offensive materials or with purposes contrary to the morality and public decency
b) materials with purposes contrary to the law and public order
c) materials damaging the rights of third parties
d)  materials protected by copyright (books and/or publishing or parts of them or else)
e) illegally detained materials (pirated software, unauthorised copies, etc.)

2.3 Responsibility of the Centre
The “Centre” agrees and accepts what follows:
a) to be the sole subject to have access to the safety settings of its own App;
b) that its App is hosted or allocated on the information technology system property of the centre;
c) that all data collected through the App are in its possession and solely available to it;
d) that IDS has no obligation to make copies of the data published and/or collected by means of the Apps; due to what mentioned above the “Centre” releases ex post facto IDS from any and all responsibility in case of loss, even total of the details published.

3. Regulations for use
3.1 Use of the Service
The “Centre” uses the Services in compliance to the Regulations of this contract and to the conditions published on the website www.blancone.eu

3.2 Relations with third parties
The “Centre” is solely responsible for the collection, processing of Data and of their use with third parties.
IDS will have the faculty to use the patients email address– once obtained prior authorisation – for internal marketing purposes.

3.3 Services administration by the “Centre”
The “Centre” is responsible for:
(a) the privacy of Passwords and Accounts;
(b) appointing the subjects authorised to access the Account;
(c) the conformity to this Contract of all activities connected to the Account.
The “Centre” acknowledges and agrees that the internal management and administration of the Services to the “Centre” are not to be considered responsibility of IDS because IDS only supplies a mere data processing service.

3.4 Relations with Customers
The “Centre” is solely responsible to the Clients for the use or disclosure of the materials collected by means of the Apps. The “Centre” will obtain and maintain all necessary authorisations for the final Users concerning:
(i) access, monitoring, use and disclosure of the data and IDS authorisation to perform such actions.
(ii) authorisation for the supply of Services by IDS.
The "Centre", as the unique data supervisor with regards to the final users, will take charge of all the obligations provided for by the current legislation regarding privacy for what concerns sensitive data and data not present on the platform.

3.5 Unauthorised use
The “Centre” will make commercially reasonable efforts to prevent or interrupt any unauthorised use of the Services. The “Centre” will timely notify IDS of any unauthorised use or access to the Services he might learn of. 

3.6 Restrictions of use
Unless specifically authorised in writing by IDS, the “Centre” agrees not to perform on its own and to make commercially reasonable efforts to make sure that a third party will not carry out the following: (i) selling, reselling, lease or similar, the Services to third parties (unless expressly authorised by this Contract); (b) trying to decode the Services entirely or in part; (c) trying to create an alternative service or a similar one by using or accessing the Services; (d) using the Services to carry out illegal activities.

Centre Registration
The Registration of the “Centre” is to be considered concluded only when IDS receives from the “Centre” this service contract accepted in full.
The Centre acknowledges and agrees that the subscription to the BlancOne platform is totally free of charge;
The “Centre” is the sole subject which can be charged with possible tax expenses for the use of the BlancOne platform.
IDS do not take on any obligation to maintain the service connected to the BlancOne platform and will have the faculty of disabling access to the platform at any time.
The presence of the Centre on the BlancOne platform depends on the purchase by the “Centre” of IDS tooth whitening products, failing to purchase IDS tooth whitening products for a period of 6 months will automatically result in the possible cancellation of the “Centre” name from the BlancOne platform by IDS.

5. Technical assistance services
The “Centre” will, at its own expenses, answer all questions and claims of the final Users or of third parties for the use of the Services by the “Centre” or by the final Users. The “Centre” will make commercially reasonable efforts to solve the problems connected to the Apps by it used.

6. Advertising
The “Centre” agrees that IDS may include in the services of the BlancOne platform advertising messages. The “Centre” accepts that IDS may include the name of the “Centre” or its brand distinctive Elements in IDS clients list, and also use it online for promotional purposes.

7. Declarations, guarantees and disclaimer
7.1 Declarations and guarantees
Each party declares to detain full power and authority to sign this Service Contract.
In particular the “Centre” declares under its own responsibility to be authorized to perform whitening treatments with the BlancOne methods.
IDS do not accept any responsibility arising from the use of whitening treatments which do not comply with the instructions for use and best practice.

7.2 Disclaimer
The “Centre” acknowledges that IDS is not performing any monitoring on the Data collected by means of the Apps.
IDS cannot provide guarantees with regards to the reliability and correctness of the information collected through the Apps therefore declining any responsibility for damages, be them direct, indirect, incidental and consequential connected to the use,  either proper or improper of the information collected through the Apps, including without being limited to this, loss of profit, interruption of corporate or professional activity, loss of programmes or any other kind of data stored on the information technology system of the user or other systems and this also if duly warned of the possibility that such damage might occur.

IDS declines all responsibilities  arising from links to third parties websites included in the Apps and has no control over privacy, safety and mode of operation of such sites.
IDS is therefore not to be deemed responsible of possible law infringements carried out by means of these sites even when some pages might contain damaging,  unwanted materials or offensive for some Users. Visiting websites of third parties is carried out at the “Centre” and the final Users own risk and IDS declines any responsibility with regards to damages by these incurred in while accessing such sites.

IDS are not to be deemed responsible for the failed fruition of the service which might be due to problems to the Internet connection and possible malfunctioning of the website.

The “Centre” acknowledges and agrees that Internet surfing is potentially unsafe.

Materials, data and information supplied by the “Centre” and by third parties mirror their personal opinions.

Whereas such materials, data and information are made public by means of the Apps or websites, IDS will not perform any preventive monitoring with reference to the content, nature, truthfulness and correctness of the materials, data and information published, nor to the opinions in these expressed.
Sole responsible will be the “Centre” which has supplied the materials, data and information or expressed the opinions.

In consideration of the fact that the materials, data, information and opinions mentioned above are made public in the forms above detailed, IDS cannot be deemed responsible, even as accessories, for any illegal act which might be carried out by means of them nor of any mistake, omission and inaccuracy in these contained. IDS cannot, in particular, be deemed responsible, even as accessories, with regards to the violation of third parties rights carried out by means of the App service or by the disclosure of materials, data, information or opinions.

The goal of this responsibility exclusion clause is not to elude compliance to the requirements provided for by the current legislation, nor to exclude responsibility for those cases in which it cannot be excluded as provided for by the current legislation.

8. Entry into force
This contract enters into force at the moment of the activation.

9. Suspension of the service
IDS will have the faculty of suspending the services of the BlancOne platform at any time without prior notice.

10. Effects of the suspension
If the service is suspended or disabled the “Centre” will not be entitled to any refund and/or compensation even for possible expenses incurred in by it.

11. Indemnity by the “Centre”
The “Centre” must protect, defend and hold IDS harmless from any responsibility, damage or cost (including  conciliation charges and lawyers reasonable fees) arising from a third party claim: (i) regarding the “Centre” Data or the Domain names of the “Centre”; (ii) according to which the distinctive Elements of the “Centre” brand violate or unduly take over any patent, copyright, commercial secret or brand of the third party; or (iii) concerning the use of the Services by the “Centre” violating the acceptable Regulations for use.

12. Transfer
The “Centre” authorises IDS to lease or transfer property and management of the Blancone platform and this Contract without written consent.

13. Severability Clause
In case any clause of this Contact might be considered inapplicable, the remaining part of the contract will have to be considered valid to all intents and purposes.

14. No Partnership Relationship 
The parties are independent contracting parties and this contract will not constitute any agency, partnership or joint venture.

15. Applicable legislation and competent Court
This Contract is regulated by the Italian legislation.
For any dispute that may arise from this contract the parties acknowledge that the competent Court will be that of Savona.

16. Amendments
16.1 Written Form
Any amendment to the contract must be expressed in writing and must expressly indicate that it amends this Contract.

16.2 Contract Indivisibility
This Contract, together with all the documents herein referred to, represents the full agreement between the parties with reference to what in object and replaces previous or contemporary agreements on the same subject. The terms accessible by URL referred to in this contract are included in this document by means of this reference.

17. Information regarding the use of personal data
IDS informs the “Centre” that the data collected (personal details, emails, etc.) by means of the subscription to the BlancOne Platform service or further collected during the use of the services, are to be considered as personal details as provided for by art. 13, Legislative Decree 196/03 (so called Privacy Code).
17.1 PROCESSING PURPOSES
The “Centre” data will be processed for the following purposes:
a. supply of the services required,
b. technical maintenance and assistance connected to the services;
c. handling of possible claims and/or disputes;
d. prevention/repression of frauds and illegal activities;
e. forwarding of advertising or informative material via email, ordinary mail or text message and notifying of promotional initiatives or initiatives connected to services or products required.
f. users profiling.
g. individual profiling


17.2. PROCESSING METHODS
Above mentioned data may be processed both by the data processing Owner and by the people in charge of it directly under the authority of the former, solely for the purposes as per point 1. With particular reference to the profiling activity as per art. 1, letter b) and g).
The details are processed manually or by means of electronic instruments. Processing of personal data (i.e. collection, registration, organisation, storage, consulting, handling, amendment, selection, extraction, comparison, use, interconnection, blocking, communications, cancellation and distribution of the details) is carried out both manually and electronically and such details are stored both on hard copy and on an electronic database specifically set up to fulfil the obligations and purposes mentioned above.
The data stored in above mentioned information systems are processed by using suitable safety measures as per art.31 of the Privacy Code, in order to reduce to a minimum the risk of loss or destruction, unauthorized access or processing not complying to the purposes of the collection.
Furthermore, the data will be stored by the Owner’s archives for the time necessary to fulfil above mentioned purposes, and to comply with the obligations set by the legislation.
The details processed will have to be strictly inherent, complete and not exceeding their purposes.

17.3. DATA SUPPLY AND CONSEQUENCES OF POSSIBLE REFUSALS
Data supply is compulsory in order to allow activation of the service required and any refusal to supply such data might result in lack of activation of the service.

17.4. COMMUNICATION AND DATA DISCLOSURE
The “Centre” personal details might be communicated or disclosed to third parties as per “Centre” authorisation.

17.5 OWNER AND PEOPLE IN CHARGE OF DATA PROCESSING
The Owner of the personal data processing of the “Centre” is IDS - International Dental Supply Srl, based in Savona, Via Valletta San Cristoforo n. 28/10, VAT number  00786780098

All subjects and persons in charge of the data treatment operate in compliance to the Privacy Code

18. Personal data processing consent
The centre declares what follows:
to have acquired information supplied by owner of the processing as per art. 13 of Legislative Decree 196/2003;
to give its consent to the processing of personal data for the purposes indicated in above mentioned information;
to give its consent for the communication of personal data for the purposes and to the subjects indicated in the information;
to give its consent for the disclosure of personal data for the purposes and in the context indicated in the information;
to give its consent for the processing of sensitive data necessary to carry out the operations indicated in the information;

SPECIFIC APPROVAL AS PER ART. 1341 OF THE CIVIL CODE.
The parties declare to specifically accept and approve, pursuant to art. 1341 of the Civil Code, the following clauses:
2. Responsibility of the “Centre”
3. Regulations for use
4. Centre Registration
7. Disclaimer
9. Suspension of the service
10. Effects of the suspension
11. Indemnity by the “Centre”.
12. Transfer
15 Applicable legislation and competent Court
Genehmigung zur Verarbeitung personenbezogener Daten und Annahme des Dienstleistungsvertrags zur Registrierung auf der Plattform BlancOne^®.