الشروط والخصوصية والكوكيز

Terms

Article 1. DEFINITIONS AND GENERAL INFORMATION

The Terms, the Privacy Policy and the Cookie Policy, hereinafter jointly referred to as the AGREEMENT, between the User and Check&Love, an Italian limited liability company (S.r.l.) (Tax Code and VAT no. 17232121008), with registered office in Rome (Italy), Via di Grotta Perfetta 329 (postal code 00142), hereinafter referred to as the HOLDER, govern the terms and conditions of access to and use of the Check&Love mobile application, hereinafter referred to as CHECK&LOVE, with which the User is required to comply.

The AGREEMENT is governed by all applicable provisions and laws in force, including, by way of example but not limited to, Regulation (EU) 2016/679 (GDPR), Italian Legislative Decree no. 196 of 30 June 2003, Regulation (EU) 2022/2065 (Digital Services Act), Regulation (EU) 2024/1689 (AI Act), Regulation (EU) no. 1215/2012 and any other applicable regulation by reason of the nature of the service, hereinafter collectively referred to as the PROVISIONS AND LAWS.

The HOLDER, as an Italian limited liability company (S.r.l.), has founded its operating model on the offering of paid in-app subscriptions exclusively through the online marketplaces Apple’s App Store and Google Play, in order to support the development, maintenance and provision of the services of CHECK&LOVE.

The HOLDER may be contacted by the User at the following addresses: ordinary electronic mail at [email protected], certified electronic mail (PEC) at [email protected] (registered under the dedicated domain of the company), or by registered letter sent to the address of the registered office of the HOLDER.

For the purposes of the obligations set forth in Regulation (EU) 2022/2065 (Digital Services Act), the HOLDER has designated as single point of contact the address [email protected], to which all communications provided for by the said Regulation may be sent.

CHECK&LOVE is a mobile application for the iOS and Android operating systems, distributed exclusively through the online marketplaces Apple’s App Store and Google Play, hereinafter collectively referred to as the Store. The HOLDER also provides a complementary application named Check&Love network, available for the macOS operating system and for Android tablets, for the sole purpose of allowing the User who has created an Event to start the Check&Love Bluetooth Network of the Event from a computer or a tablet, in addition to the possibility of doing so from the smartphone.

The HOLDER also manages an institutional website, accessible at the address www.checkandlove.com, containing public information on CHECK&LOVE, the descriptive pages of the functionalities, the AGREEMENT, the Ethical Code and the contact channels.

CHECK&LOVE allows the User, who has accepted the AGREEMENT, to express interest in other Users with whom they share a pre-existing acquaintance through the address book of their device, or who are physically present in the same place at the same time through the Check&Love Bluetooth Network, in order to foster the development of authentic interpersonal relationships in compliance with the principles of mutual consent, confidentiality and respect set forth in the AGREEMENT and in the Ethical Code freely consultable at the address www.checkandlove.com.

Types and states of the Events

The User acknowledges and unconditionally accepts that the Events published on CHECK&LOVE, both in the form of public Events and in the form of confidential Events, may be in one of the following states, mutually alternative:

1. Scheduled Event: the Event published whose availability is fixed at a future date, and to which the Users may register; the Members will be able to participate starting from the date of beginning indicated by the Administrator and upon the starting of the Check&Love Bluetooth Network of the Event.
2. Today’s Event: the Event published and available at the current date, whose Check&Love Bluetooth Network is not started; the User may register to the Event, but the Members may not participate until the starting of the Check&Love Bluetooth Network of the Event by the Administrator.
3. Live Event: the Event whose Check&Love Bluetooth Network has been started by the Administrator and in which the Members may participate and put a Check in accordance with the modalities provided for in the AGREEMENT. The Administrator has the right, at any time, to interrupt the Event: the interruption deactivates the Check&Love Bluetooth Network of the Event and returns the Event to the state of Today’s Event; the Administrator may start it again within the date of end of the Event.
4. Last Checks Event: the Event that, starting from midnight of the day following the date of end of the Event fixed by the Administrator, automatically enters into the state named “Last Checks” and remains therein for 3 (three) days. The User acknowledges and unconditionally accepts that, during the state of Last Checks Event, all data of the Event, including the lists of the Encountered Members by the single User, remain available for the sole and specific purpose of allowing the Members, including the Administrator, to put a Check, exclusively on the Encountered Members during the Event. The User acknowledges and unconditionally accepts that, during the state of Last Checks Event, the Administrator may not start the Check&Love Bluetooth Network of the Event.
5. Closed Event: the Event that, upon the expiry of the 3 (three) days of the state of Last Checks Event, closes automatically. All data of the Event, including the lists of the Encountered Members by the single User, are deleted and are no longer visible in the personal pages of the Members, including the Administrator, and are also deleted from the systems of the HOLDER; such Deletion is irreversible and the data cannot be recovered.
6. Suspended Event: the Event whose publication has been suspended by the staff of the HOLDER following the Report of a User, in accordance with the modalities provided for in Article 10 of the TERMS.

Rules of interaction with the contacts of the address book

The User has the right to put a Check on a contact of the cell phone address book by aware and voluntarily activating the command “Put the Check” available in the card of the contact, it being understood that the contact of the address book does not have a Profile on CHECK&LOVE and that the User, until the moment of the eventual determination of a Love following a reciprocal Check, sees exclusively the information of the contact as saved in the User’s cell phone address book. At any time the User may revoke the Check on the contact of the address book by aware and voluntarily activating the command “Remove the Check”, available in the same card of the contact.

Rules of management of the Event by the Administrator

The User acknowledges and unconditionally accepts that, as Administrator of an Event, the User is required to comply with the following rules:

1. The publication of an Event by the Administrator does not determine the visibility of the Administrator in any list accessible to other Users, and in particular does not determine the visibility of the Administrator in the list of Encountered Members of any other Member. The Administrator becomes visible as Encountered Member exclusively when, pursuant to the following point 2, the Administrator starts the Check&Love Bluetooth Network of the Event and enters themselves into such Network, and limitedly to the Members who are physically present at the Event with the Administrator and connected to the same Network.
2. The Administrator, in order to allow the participation of the Members in the Event, must start the Check&Love Bluetooth Network of the Event and has the right, at any time, to interrupt the Event, returning it to the state of Today’s Event; when the Event is not started, the Members may not participate. In order to start the Check&Love Bluetooth Network of the Event, the Administrator must be present in the proximity area of the Event and must have the Bluetooth activated on their device.
3. The Administrator, exclusively at the moment of the starting of the Event, has the right to activate the “Absent” mode through the dedicated functionality of CHECK&LOVE. The “Absent” mode is not active by default; in the dedicated confirmation system of the starting of the Event, the Administrator is informed of the possibility of activating the “Absent” mode and has the dedicated command to do so. The “Absent” mode entails the following consequences:
   1. the Administrator does not appear as Encountered Member currently present in the list of Encountered Members of the other Members, even after the starting of the Check&Love Bluetooth Network of the Event, and no Member may put a Check on the Administrator;
   2. the Administrator does not see the Members currently present at the Event in their own list of Encountered Members;
   3. the Administrator continues to see the Members encountered previously in their own list of Encountered Members and in turn is visible in the list of Encountered Members of the other Members, as Member encountered previously.

The Administrator, where the Administrator intends to modify the choice made at the moment of the starting of the Event, must interrupt the Event, start it again and make again the choice regarding the activation or deactivation of the “Absent” mode. The “Absent” functionality is reserved exclusively to the Administrator of an Event and is not available to the other Members, who, where they do not intend to appear as Encountered Members currently present, have the right referred to in point 3 of the Rules of participation in the Event by the Member of the present Article.

4. The Administrator has, exclusively, three lists relating to the Event created by the Administrator, accessible exclusively to the Administrator themselves:
   1. the list of Encountered Members, containing the Profiles of the Members with whom the Administrator has physically met at the Event through the Check&Love Bluetooth Network of the Event, on whom the Administrator has the right to put a Check according to the same rules provided for the Members, and who flow, once the Check has been put, into the Check list of the Administrator referred to in Article 8 of the TERMS;
   2. the list of Members of the Event, containing the list of all Users who have registered to the Event, from which the Administrator has the right exclusively to Suspend a Member from that specific Event for inappropriate behaviour and to Readmit the Member, in accordance with the modalities provided for in Article 10 of the TERMS; from such list the Administrator does not in any way have the right to put a Check, given that the Check may be put exclusively on the Members effectively encountered through the Check&Love Bluetooth Network of the Event;
   3. the list of Members of all the Events created by the Administrator, containing the aggregated list of the Users who have registered to one or more Events created by the Administrator, from which the Administrator has the right exclusively to send to such Users a notification of invitation to a new Event created by the Administrator; from such list the Administrator does not in any way have the right to put a Check, given that the Check may be put exclusively on the Members effectively encountered through the Check&Love Bluetooth Network of the Event.
5. As Administrator, the User is not otherwise visible to the Members of the Event beyond what is provided for in the preceding point 1; however, the behaviour of the Administrator may be the subject of a Report to the staff of the HOLDER by the Members of the Event and, where it should result inappropriate or disrespectful, the access of the Administrator is suspended in accordance with the modalities provided for in Article 10 of the TERMS.
6. With the publication of an Event, the Administrator guarantees to possess the complete title for the use of the name and of the identity images of the Event and of its community, undertakes to provide truthful information and undertakes not to publish inappropriate or disrespectful contents.
7. The Administrator has the right to modify the Event at any time, in order to update its descriptive data, including name, description, identity images of the Event (photo, logo or icons), place, duration (date of beginning and date of end) and time of starting of the Check&Love Bluetooth Network.
8. Upon reaching the date of end of the Event fixed by the Administrator, the Event enters into the state of Last Checks Event starting from midnight of the following day, and remains therein for 3 (three) days; during such period, the Administrator has the right to put a Check, exclusively on the Encountered Members during the Event, but does not have the right to start the Check&Love Bluetooth Network of the Event; upon the expiry of the 3 (three) days, the Event closes automatically and all data of the Event, including the lists of the Encountered Members by the single User, are deleted and are no longer visible in the personal pages of the Members, including the Administrator, and are also deleted from the systems of the HOLDER; such Deletion is irreversible and the data cannot be recovered.
9. The Administrator has the right to start the Event directly from a macOS computer and from an Android tablet, without using their own smartphone, through the download of the Check&Love network App.

Rules of participation in the Event by the Member

The User acknowledges and unconditionally accepts that participation in an Event as Member is articulated in two distinct and consecutive aware and voluntary actions by the User, and that each of such actions produces different effects:

1. First action: registration to the Event. The User, as Member, autonomously registers to the Event through the dedicated functionality of CHECK&LOVE, accessing the Event from the list of public Events, from the map of Events, or from the invitation received from the Administrator, obligatorily in the case of a confidential Event, optionally in the case of a public Event. The User acknowledges and unconditionally accepts that the registration to the Event, in itself, does not determine the visibility of the User in any list accessible to other Members, and in particular does not determine the visibility of the User in the list of Encountered Members of any other Member. The registration to the Event determines exclusively the visibility of the Member in the special lists of the Administrator referred to in point 4 of the Rules of management of the Event by the Administrator, and namely in the list of Members of the Event for the purposes of the Suspension and of the Readmission, and in the list of Members of all the Events created by the Administrator for the purposes of the eventual invitation to a new Event.
2. Second action: participation in the Event. The User, as Member, effectively participates in the Event exclusively when, after the Administrator has started the Check&Love Bluetooth Network of the Event, the Member enters the same Check&Love Bluetooth Network, being present in the proximity area of the Event and having the Bluetooth activated on their device. The effective participation in the Event determines the visibility of the Member as Encountered Member in the list of Encountered Members of the other Members who are physically present at the Event contemporaneously with the User and for a period of permanence coinciding with that of the User, also on different days of the duration of the Event, according to the same modalities provided for the definition of Encountered Members referred to in Article 1 of the TERMS.
3. The User acknowledges and unconditionally accepts that the Member, where the Member does not intend to appear as Encountered Member currently present at the Event, has the following alternative rights:
   1. not to participate in the Event, that is not to click on the command “Participate” and not to enter the Check&Love Bluetooth Network of the Event;
   2. to participate in the Event by clicking on the command “Participate” and entering the Check&Love Bluetooth Network of the Event, and subsequently to exit the Check&Love Bluetooth Network of the Event, remaining in any case registered to the Event but not visible as Encountered Member currently present.

In both cases, the Member is not visible in the list of Encountered Members currently present of the other Members, but is visible in the list of Encountered Members of the other Members, as Member encountered previously.

The Member does not have an “Absent” functionality, reserved exclusively to the Administrator of the Event in accordance with the modalities provided for in the Rules of management of the Event by the Administrator of the present Article.

4. The Member has the right, at any time, to leave an Event to which the Member has registered, by activating the dedicated command “Leave event”. The User acknowledges and unconditionally accepts that the action of leaving the Event produces the following effects:
   1. the Member loses the registration to the Event and may no longer participate therein, save for registering again where the Event allows it;
   2. the Member is removed from the list of Encountered Members of all the other Members of the Event, and in turn no longer sees any of the Encountered Members at that Event, with the consequence that the Member no longer has the right to put a Check on them in the context of the left Event;
   3. the Checks and the Loves already established are in no way prejudiced and remain in the respective Check lists and Love lists of the Users concerned, in coherence with the principle whereby the Check and the Love constitute autonomous relationships between the Users, linked to the identity of the Users and independent of the Event that originated them; consequently, where another Member had put a Check on the Member who has left the Event, such Check remains in the Check list of that Member, whereas the Member who has left the Event no longer sees the same;
   4. the Member who has left the Event and another Member of the same Event become reciprocally visible again where they meet again, in another Event or as Nearby Users, and in such new context they have the right to put a Check on each other and to go into Love; the Check eventually put previously remains valid for the purposes of reciprocity, on condition that neither of the two Users has in the meantime modified their own registered phone number, the relationship of Check being linked to the identity of the User and not to the Event.
5. The Member has the right to put a Check exclusively on the Encountered Members pursuant to the preceding point 2, that is on the Members who, also on different days of the duration of the Event, were physically present at the same Event contemporaneously with the User and who were connected to the Check&Love Bluetooth Network of the Event itself in the same time interval. The Member does not in any way have the right to put a Check on other Members of the Event who have not qualified as Encountered Members pursuant to the preceding point 2. In order to put the Check on a Member encountered at the Event, the User must open the Profile of the Member and aware and voluntarily activate the command “Put the Check”. At any time the User has the right to revoke the Check by aware and voluntarily activating the command “Remove the Check”, available in the same Profile.
6. All the Checks put by the Member are always anonymous and the identity of the Member who has put a Check remains always hidden from the recipients of the Check.
7. Only at the moment in which two Members go into Love, the reciprocal Check put by the other is disclosed to each, and no Check put by the Member on other Members that has not translated into Love is disclosed.
8. The Encountered Members are displayed in a dedicated list, accessible from the page of the Event, which includes both Members encountered previously and Members encountered and currently present at the Event contemporaneously with the User, in that connected to the Check&Love Bluetooth Network of the Event in the same moment; the latter are graphically identified in the list through a dedicated graphic indication, in order to allow the User to distinguish them from Members encountered previously.
9. Upon reaching the date of end of the Event fixed by the Administrator, the Event enters into the state of Last Checks Event starting from midnight of the following day, and remains therein for 3 (three) days; during such period, the Member has the right to put a Check, exclusively on the Encountered Members during the Event; upon the expiry of the 3 (three) days, the Event closes automatically and all data of the Event, including the lists of the Encountered Members by the single User, are deleted and are no longer visible in the personal pages of the Members, including the Administrator, and are also deleted from the systems of the HOLDER; such Deletion is irreversible and the data cannot be recovered.

Rules of interaction with Nearby Users

The User acknowledges and unconditionally accepts that the following rules govern the interaction with the Nearby Users encountered through the Check&Love Bluetooth Network, outside the context of the Events:

1. The User acknowledges and unconditionally accepts that, in the settings of their own Account, the functionality “Nearby Users” is available, freely activatable and deactivatable by the User; when such functionality is deactivated, the Profile of the User is not visible to the Nearby Users encountered through the Check&Love Bluetooth Network, even where the Bluetooth is activated on the device of the User, the User themselves in turn does not see the Profiles of the other Nearby Users, and no Check may be put or received by the User from or towards other Nearby Users.
2. The User has the right to put a Check on an encountered Nearby User, on condition of having activated the Bluetooth on their own device and on condition that the functionality “Nearby Users” is activated in the settings of the Account both of the User who puts the Check and of the Nearby User recipient of the Check. In order to put the Check on a Nearby User, the User must open the Profile of the Nearby User and aware and voluntarily activate the command “Put the Check”. At any time the User has the right to revoke the Check by aware and voluntarily activating the command “Remove the Check”, available in the same Profile.
3. All the Checks put by the User are always anonymous and the identity of the User remains always hidden from the other Nearby Users.
4. Only at the moment in which two Nearby Users go into Love, the reciprocal Check put by the other is disclosed to each, and no Check put by the User on other Nearby Users that has not translated into Love is disclosed.
5. The encountered Nearby Users are displayed in a dedicated list which includes both Nearby Users encountered previously in the preceding 3 (three) days, and Nearby Users encountered and currently present contemporaneously with the User, in that connected to the Check&Love Bluetooth Network in the same moment; the latter are graphically identified in the list through a dedicated graphic indication, in order to allow the User to distinguish them from Nearby Users encountered previously.
6. After 3 (three) days from the encounter, the encountered Nearby Users are deleted and are no longer visible to the User, nor in the personal lists of the other Users, and are also deleted from the systems of the HOLDER; such Deletion is irreversible and the data cannot be recovered.

State indications in the app

The User acknowledges and unconditionally accepts that CHECK&LOVE adopts dedicated uniform graphic indications in order to make immediately comprehensible the operational states of the Events, of the Encountered Members and of the encountered Nearby Users:

1. a dedicated state indication signals that the Event is in the state of Live Event, that is that the Administrator has started the Check&Love Bluetooth Network of the Event and the Members may effectively participate in the Event;
2. a dedicated state indication signals that the Event is not started, that is that the Check&Love Bluetooth Network of the Event is not active and the Members may not participate; such indication recurs during the states of Scheduled Event, Last Checks Event and Suspended Event, as well as during the state of Today’s Event before the starting of the Check&Love Bluetooth Network of the Event or subsequently to its interruption by the Administrator;
3. a dedicated graphic indication signals, within the list of Encountered Members and within the list of encountered Nearby Users, respectively the Members and the Nearby Users currently present contemporaneously with the User and connected to the Check&Love Bluetooth Network in the same moment, in order to allow the User to distinguish them from the Members and the Nearby Users encountered previously.

The terms defined in the AGREEMENT have the same meaning throughout the AGREEMENT and in any document attached to or referred to therein.

The AGREEMENT may be freely consulted by the User at the address www.checkandlove.com at any time.

Article 2. OBJECT OF THE AGREEMENT

The HOLDER undertakes to provide, make available and maintain a personal Account on CHECK&LOVE for the User who has accepted the AGREEMENT, and to provide, make available and maintain the access to and use of all the services of CHECK&LOVE provided for and governed by the AGREEMENT.

The User acknowledges and unconditionally accepts that the availability of an Account and the access to and use of the services of CHECK&LOVE provided for and governed by the AGREEMENT are permitted exclusively in compliance with the AGREEMENT, the Privacy Policy, the Cookie Policy and the Worldwide Licences incorporated therein.

The User acknowledges and unconditionally accepts that the availability of an Account and the access to and use of the services of CHECK&LOVE provided for and governed by the AGREEMENT are permitted solely and exclusively in compliance with the PROVISIONS AND LAWS.

The HOLDER is the exclusive holder of all rights, titles and interests relating to CHECK&LOVE, including the trademark, the logo, the domain name, the graphic interfaces, the source code, the algorithms, the technical solutions and any other element constituting the intellectual property of the HOLDER.

The User acknowledges and unconditionally accepts that any feedback, comment or suggestion relating to CHECK&LOVE, to the HOLDER or to the services provided on CHECK&LOVE and governed by the AGREEMENT is provided on an exclusively voluntary basis, and that the HOLDER is free to use such feedback, comments or suggestions in the manner it deems appropriate, without any obligation towards the User and any of their agents, beneficiaries or assignees.

The continued use of the services provided on CHECK&LOVE and governed by the AGREEMENT by the User implies the acceptance of the AGREEMENT, of any modifications thereof, of the Privacy Policy and of the Cookie Policy, in accordance with the terms provided for in Article 6 of the TERMS.

The User acknowledges and unconditionally accepts that any failure to comply with the AGREEMENT entitles the HOLDER to suspend or terminate the AGREEMENT in accordance with the modalities provided for in Article 6 of the TERMS, without prejudice to any other right or remedy available to the HOLDER under the PROVISIONS AND LAWS.

The clauses of the AGREEMENT relating to intellectual property, to the Worldwide Licences, to the limitations of liability, to the protection of data, to the retention and processing of personal data subsequently to the termination of the AGREEMENT, and to the jurisdiction and applicable law, remain valid also after the termination of the AGREEMENT.

Article 3. OFFICIAL LANGUAGE OF THE AGREEMENT

The User acknowledges and unconditionally accepts that the official language of the AGREEMENT, of the Privacy Policy, of the Cookie Policy and of the Worldwide Licences incorporated therein, all constituting essential and integral parts of the AGREEMENT, is English.

In case of discrepancy, uncertainty or conflict between the English version and any other language version, the English version prevails at all times.

The User acknowledges and unconditionally accepts that any translation of the AGREEMENT into other languages, where made available, is provided solely in order to facilitate the comprehension of the AGREEMENT and does not constitute an official version of the same.

The User acknowledges and unconditionally accepts that the English language is the sole reference language for the interpretation, execution and application of the AGREEMENT.

Article 4. ACCEPTANCE OF THE AGREEMENT

The User acknowledges and unconditionally accepts that, by registering on CHECK&LOVE and accepting the AGREEMENT, the User declares:

1. to be a natural person who has reached 14 years of age or the minimum age of digital consent established by the PROVISIONS AND LAWS applicable in their own country of residence, pursuant to Article 8 of Regulation (EU) 2016/679 (GDPR);
2. to have the capacity to enter into a binding AGREEMENT in compliance with the PROVISIONS AND LAWS applicable in their own country of residence;
3. not to be subject to any prohibition of access to and use of the services provided on CHECK&LOVE and governed by the AGREEMENT, in compliance with the applicable PROVISIONS AND LAWS;
4. to undertake to comply with the AGREEMENT and the applicable PROVISIONS AND LAWS;
5. never to have been convicted of a serious crime or of an offence, nor of a violent crime, and not to be required to be registered in any criminal record or analogous register of their own country of residence;
6. to have read, understood and entirely accepted the AGREEMENT, including the Privacy Policy, the Cookie Policy and the Worldwide Licences incorporated therein;
7. to provide the HOLDER with truthful, accurate, complete and updated data at the moment of registration;
8. to undertake to keep their own data updated over time, through the dedicated functionalities of CHECK&LOVE;
9. to use CHECK&LOVE and the services provided for and governed by the AGREEMENT in compliance with the PROVISIONS AND LAWS and with the AGREEMENT;
10. not to use CHECK&LOVE and the services provided for and governed by the AGREEMENT for unlawful, fraudulent, defamatory, offensive, discriminatory, violent purposes or otherwise contrary to public order and morality.

The User acknowledges and unconditionally accepts that the registration on CHECK&LOVE requires the consent of the User through the affixing of specific consent flags, not pre-ticked, regarding:

1. the AGREEMENT in its entirety, including the Privacy Policy, the Cookie Policy and the Worldwide Licences incorporated therein;
2. the processing of personal data, including the data eventually falling within the special categories referred to in Article 9 of Regulation (EU) 2016/679 (GDPR), necessary for the access to and use of CHECK&LOVE.

The User acknowledges and unconditionally accepts that the consent given through the flags indicated above is free, specific, informed and unequivocal, pursuant to Article 7 of the GDPR and in compliance with the jurisprudence of the Court of Justice of the European Union (Planet49 judgment, case C-673/17), and may be revoked by the User at any time through the dedicated functionalities of CHECK&LOVE or by contacting the HOLDER at the addresses indicated in the AGREEMENT.

The User acknowledges and unconditionally accepts that the failure to give one or more of the consents indicated above prevents the registration on CHECK&LOVE and the use of the services provided for and governed by the AGREEMENT.

The User undertakes to provide truthful and accurate information regarding their own age and identity at the moment of registration. The User acknowledges and unconditionally accepts that any false declaration regarding their own age or identity, made in order to circumvent the requirements provided for in the present Article, constitutes a violation of the AGREEMENT and may constitute a violation of the applicable PROVISIONS AND LAWS, and the User undertakes to indemnify and hold harmless the HOLDER from any liability, claim, damage or legal consequence deriving from such false declarations. The HOLDER reserves the right to immediately terminate the Account and to undertake any legal action to protect its own interests and its own reputation in case of false declarations.

The acceptance of the AGREEMENT by the User constitutes the legal basis for the processing of the personal data of the User by the HOLDER, in compliance with the Privacy Policy and the PROVISIONS AND LAWS.

The acceptance of the AGREEMENT by the User constitutes the legal basis for the granting by the User to the HOLDER of the Worldwide Licence on the USER CONTENT, in compliance with Article 5 of the TERMS.

The User acknowledges and unconditionally accepts that the AGREEMENT is concluded between the User and the HOLDER electronically and that the electronic acceptance of the AGREEMENT, through the relevant consent flags, has the same legal value as a written acceptance signed by hand.

Article 5. LICENCES INCORPORATED IN THE AGREEMENT

The User acknowledges and unconditionally accepts that, upon acceptance of the AGREEMENT, the following licences are granted, which constitute essential and integral parts of the AGREEMENT:

1. Worldwide Licence granted by the User to the HOLDER

The User grants to the HOLDER, pursuant to Article 20 of Italian Law no. 633 of 22 April 1941 (Copyright Law) and Article 22-bis of the same legislative text, and in compliance with the PROVISIONS AND LAWS, a worldwide, non-exclusive, free of charge, perpetual, transferable and sub-licensable licence to reproduce, archive, store, index, technically adapt, technically modify, distribute, publish, communicate to the public, make available to the public, translate, convert format, create derivative works, aggregate, make publicly visible and consultable, as well as to perform on the USER CONTENT all the technical manipulations and optimisations necessary to guarantee the correct use of CHECK&LOVE on all the supported devices, including, by way of example but not limited to: the conversion and transcoding of the User photo into formats compatible with the Apple iOS and Google Android operating systems and with the Apple macOS operating system and the Android tablets used by the Check&Love network application; the compression and reduction of the weight of the files in order to optimise their transmission and display on the mobile devices; the creation of derivative files and multiple versions of the same content at different resolutions, qualities or bitrates; the automatic extraction of the technical metadata; within the limits provided for by the AGREEMENT and by the privacy settings of the Profile, on the USER CONTENT uploaded, published, shared or otherwise made available by the User on CHECK&LOVE and on all the services provided for and governed by the AGREEMENT.

The User acknowledges and unconditionally accepts that the Worldwide Licence granted by the User to the HOLDER:

1. is granted to the HOLDER exclusively for the purposes provided for and governed by the AGREEMENT;
2. does not entail the transfer of the ownership of the intellectual property rights on the USER CONTENT, which remain with the User;
3. does not exempt the HOLDER from compliance with the PROVISIONS AND LAWS on the protection of personal data, copyright, related rights and any other applicable regulation;
4. continues to apply also after the Deletion of the Account of the User, limitedly to the USER CONTENT shared with other Users and to the USER CONTENT subject to retention obligations provided for by the PROVISIONS AND LAWS;
5. includes the right of the HOLDER to perform, automatically and without the need for further consent of the User, all the technical manipulations and optimisations necessary to guarantee the correct use of the USER CONTENT on all the supported devices, without prejudice to the integrity of the original expressive content, to the respect of the will of the User regarding the publication and to the non-alteration of the meaning and of the substance of the USER CONTENT.

2. Worldwide Licence granted by the HOLDER to the User

The HOLDER grants to the User, in compliance with the PROVISIONS AND LAWS, a worldwide, non-exclusive, free of charge, personal, non-transferable and non-sub-licensable licence to access and use CHECK&LOVE and all the services provided for and governed by the AGREEMENT, within the limits of the entire acceptance of the AGREEMENT by the User and in compliance with the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the Worldwide Licence granted by the HOLDER to the User:

1. is granted exclusively for the purposes provided for and governed by the AGREEMENT;
2. does not entail the transfer of the ownership of the intellectual property rights of the HOLDER, including the trademark, the logo, the domain name, the graphic interfaces, the source code, the algorithms, the technical solutions and any other element constituting the intellectual property of the HOLDER;
3. is revocable by the HOLDER at any time, in the cases and according to the terms provided for in the AGREEMENT.

Article 6. VARIATIONS OF THE AGREEMENT, REVOCATION AND TERMINATION

The HOLDER reserves the right to modify the AGREEMENT, the Privacy Policy, the Cookie Policy and the Worldwide Licences incorporated therein, at any time, in particular for reasons of regulatory adjustment, technical and organisational evolution, or improvement of the services provided on CHECK&LOVE and governed by the AGREEMENT.

The modifications to the AGREEMENT are notified to the User through a notification entitled “Update of the Terms, Privacy and Cookie”, communicated to the User within CHECK&LOVE, with reasonable notice with respect to their entry into force, and with reference to the new version of the AGREEMENT freely consultable at the address www.checkandlove.com.

The User acknowledges and unconditionally accepts that the continuation of the access to and use of CHECK&LOVE and of the services provided for and governed by the AGREEMENT, after the receipt of the notification “Update of the Terms, Privacy and Cookie”, constitutes tacit acceptance of the modifications made to the AGREEMENT. The User who does not intend to accept the modifications has the right, at any time, to proceed with the Deletion of their own Account in accordance with the modalities provided for in the AGREEMENT.

The User has the right, at any time, to revoke the consent given to the AGREEMENT and to request the Deletion of their own Account, through the dedicated functionalities of CHECK&LOVE or through communication to the HOLDER at the addresses indicated in Article 1 of the TERMS.

The User acknowledges and unconditionally accepts that, in case of revocation of the consent or of Deletion of the Account:

1. the right of the User to access and use CHECK&LOVE and the services provided for and governed by the AGREEMENT ceases;
2. the USER CONTENT is deleted or anonymised in accordance with the modalities provided for in the AGREEMENT and by the PROVISIONS AND LAWS, without prejudice to the data retention obligations provided for by Article 2946 of the Italian Civil Code (ordinary ten-year limitation period) and by Article 22 of Presidential Decree no. 600 of 29 September 1973 (retention of accounting records);
3. the history of the Chat of the messages exchanged with other Users in Love is irreversibly deleted, without possibility of restoration;
4. the Events created by the User as Administrator are deleted, with notification to the registered Members of the Events not yet concluded; the data retention obligations for the identification data referred to in Article 11 of the PRIVACY POLICY remain firm;
5. the Worldwide Licence granted by the User to the HOLDER, in relation to the USER CONTENT shared with other Users, remains in force, limitedly to such USER CONTENT, within the limits provided for in the AGREEMENT;
6. the Worldwide Licence granted by the HOLDER to the User ceases immediately and entirely, thus extinguishing the legal title that legitimised the access to and use of CHECK&LOVE and of the services provided for and governed by the AGREEMENT.

The HOLDER has the right, at any time, to suspend or terminate the AGREEMENT and the access of the User to CHECK&LOVE and to the services provided for and governed by the AGREEMENT, in case of:

1. violation by the User of the AGREEMENT, of the Privacy Policy, of the Cookie Policy and of the Worldwide Licences incorporated therein, or of the PROVISIONS AND LAWS;
2. conduct of the User incompatible with the principles and purposes of CHECK&LOVE, including the use of CHECK&LOVE for unlawful, fraudulent, defamatory, offensive, discriminatory, violent purposes or otherwise contrary to public order and morality;
3. technical, organisational or security reasons that render necessary or opportune to suspend or terminate the access of the User;
4. impossibility of the HOLDER, for reasons not attributable to the HOLDER, to continue to provide the services of CHECK&LOVE.

In all these cases, the User acknowledges and unconditionally accepts that the AGREEMENT is concluded between the User and the HOLDER and may not be transferred or assigned by the User, as provided for in Article 14 of the TERMS.

The HOLDER acknowledges and unconditionally accepts that, in case of Suspension or cessation of the activity of the company Check&Love S.r.l. (Tax Code and VAT no. 17232121008), including the case of liquidation, the HOLDER publishes a notice in the “News” section of the CHECK&LOVE app and on the institutional website www.checkandlove.com, with notice of not less than 60 (sixty) days with respect to the date of cessation, in order to allow the Users to download and retain the USER CONTENT through the dedicated functionalities of CHECK&LOVE.

The clauses of the AGREEMENT relating to intellectual property, to the Worldwide Licences, to the limitations of liability, to the protection of data, to the retention and processing of personal data subsequently to the termination of the AGREEMENT, and to the jurisdiction and applicable law, remain valid also after the termination of the AGREEMENT.

Article 7. ACCOUNT ON CHECK&LOVE

The User acknowledges and unconditionally accepts that the access to and use of CHECK&LOVE and of the services provided for and governed by the AGREEMENT are subordinate to the creation of a personal Account, through registration on the Check&Love mobile application, downloaded from the online marketplaces Apple’s App Store or Google Play.

The User acknowledges and unconditionally accepts that the registration of the Account requires the provision of the following data, in two distinct phases:

Registration phase:

1. phone number of the device in use by the User, which constitutes the unique identifier of the Account;
2. acceptance of the AGREEMENT, of the Privacy Policy, of the Cookie Policy and of the Worldwide Licences incorporated therein, through the affixing of the dedicated consent flags referred to in Article 4 of the TERMS;
3. consent to the processing of personal data, including the data eventually falling within the special categories referred to in Article 9 of Regulation (EU) 2016/679 (GDPR), as detailed in Article 4 of the TERMS and in the Privacy Policy.

Onboarding phase:

1. first name and last name;
2. date of birth;
3. gender, with the option for the User to select “Not declared”;
4. User photo.

The User acknowledges and unconditionally accepts that, after the conclusion of the Registration phase and of the Onboarding phase, the User may freely complete their own Profile:

1. by updating the User photo;
2. by inserting one or more Cover photos;
3. by inserting the About me text, that is a free textual description of the User intended to be visible to the other Users met through the Check&Love Bluetooth Network.

The User acknowledges and unconditionally accepts that, in their own Profile, the option to display the age of the User (yes/no) is available, set by default to “no”. The User has the right to activate at any time the display of the age through the dedicated functionality of CHECK&LOVE, and to deactivate it at any subsequent time. The option to display the age is not required during the onboarding phase.

The User acknowledges and unconditionally accepts that the data of the Profile, namely first name, last name, gender, the User photo, the Cover photos, the About me text and, where the User has chosen to display it, the age, become visible exclusively:

1. to the Nearby Users encountered pursuant to the definition of Nearby Users referred to in Article 1 of the TERMS;
2. to the Encountered Members at the same Event pursuant to the definition of Encountered Members referred to in Article 1 of the TERMS;
3. to the Users with whom a Love has been determined, including the contacts of the cell phone address book who until the moment of the Love did not have a visible Profile on CHECK&LOVE.

The User acknowledges and unconditionally accepts that the data of the Profile are in no way visible to the contacts of the cell phone address book of the User, nor to the Users who have not connected to the Check&Love Bluetooth Network either as Nearby Users or as Encountered Members at the same Event. The data of the Profile of the User and those of the contact of the address book become reciprocally visible exclusively when a Love is determined between the two, as a consequence of a reciprocal Check, and it is only in that moment that both discover that they are Users of CHECK&LOVE, in accordance with the modalities provided for in Article 8 of the TERMS. The data of the Profile of the User become visible to the other Users of CHECK&LOVE exclusively when the two Users reciprocally connect to the Check&Love Bluetooth Network as Nearby Users or as Encountered Members at the same Event, in accordance with the modalities provided for in Article 8 of the TERMS.

The User acknowledges and unconditionally accepts that the access to CHECK&LOVE, both at the moment of the first registration and at each subsequent access, occurs through the insertion of the phone number registered by the User and the insertion of a unique security code (One-Time Password, OTP), composed of six digits, sent by the HOLDER to the User through an SMS to the registered phone number. The OTP code is generated for each single access and is valid for a limited period of time, upon the expiry of which it is automatically invalidated.

The User acknowledges and unconditionally accepts that the authentication through the phone number and the OTP code received via SMS is obligatory and constitutes a necessary condition for the registration, the access and the use of CHECK&LOVE and of the services provided for and governed by the AGREEMENT, as a technical security measure adopted by the HOLDER pursuant to Article 32 of Regulation (EU) 2016/679 (GDPR).

The User acknowledges and unconditionally accepts that the registration and the access to CHECK&LOVE occur exclusively through the insertion of the phone number and of the OTP code received via SMS, in accordance with the modalities described in the preceding paragraphs. The registration or the login through credentials of third-party providers or social platforms is in no case permitted, including, by way of example but not limited to, Google, Apple, Microsoft, Facebook, X and any other Single Sign-On or federated identity service. The HOLDER does not use any federated authentication system and does not share the credentials of the User with third parties.

The User acknowledges and unconditionally accepts that the Account is personal and non-transferable, and that the phone number registered on CHECK&LOVE is confidential and must not be disclosed to third parties nor used by third parties to access the Account.

The User acknowledges and unconditionally accepts the obligation to keep the registered phone number active and accessible, and to promptly inform the HOLDER in case of loss, theft, modification or unauthorised use of the device or of the SIM card associated with the registered phone number.

The User acknowledges and unconditionally accepts that:

1. the HOLDER is not responsible for any unauthorised use of the Account caused by the negligence of the User in the custody of the device or of the SIM card associated with the registered phone number;
2. the User is fully responsible for any activity carried out through their own Account;
3. the HOLDER has the right to suspend or delete the Account in case of suspected fraud, unauthorised use or violation of the AGREEMENT.

The User acknowledges and unconditionally accepts that the HOLDER, in order to provide the SMS authentication services, avails itself of external technical suppliers, designated as Data Processors pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR), in particular Google Firebase Authentication for the generation, the sending and the verification of the OTP codes sent via SMS to the registered phone number of the User.

The User acknowledges and unconditionally accepts that the phone number registered on CHECK&LOVE is not visible to the other Users, without prejudice to the case in which two Users are in Love and the disclosure of the respective identification data, according to the modalities chosen by each User and provided for in the AGREEMENT, occurs exclusively between such two Users.

The User acknowledges and unconditionally accepts that the User has the right, at any time, to modify the data of the Profile, the option to display the age, the User photo, the Cover photos and the About me text, through the dedicated functionalities of CHECK&LOVE.

The User acknowledges and unconditionally accepts that the User has the right, at any time, to disconnect from the Account through the dedicated functionality, with the consequence that each subsequent access will require a new authentication through the insertion of the phone number and of the OTP code received via SMS.

Article 8. SERVICES PROVIDED ON CHECK&LOVE

The User acknowledges and unconditionally accepts that CHECK&LOVE provides the following services, which constitute the object of the AGREEMENT:

1. creation and management of the Profile of the User, including the User photo, any Cover photos and the About me text;
2. putting a Check on the contacts of the cell phone address book of the User;
3. putting a Check on the Nearby Users encountered through the Check&Love Bluetooth Network;
4. putting a Check on the Encountered Members at the same Event;
5. going into Love, with the consequent disclosure of the reciprocal Check between the two Users in Love and the activation of the Check&Love Chat between them;
6. creation and management of public Events and confidential Events, as Administrator;
7. registration and participation in public Events and confidential Events, as Member;
8. invitation to confidential Events, as Invited;
9. communication through the Check&Love Chat, exclusively between Users in Love;
10. report of inappropriate or disrespectful behaviours of other Users, of Events and of the behaviour of their Administrators, through the dedicated Report tool, in accordance with the modalities and the categories provided for in Article 10 of the TERMS;
11. request of Readmission, in accordance with the modalities provided for in Article 10 of the TERMS.

The Check on the contacts of the cell phone address book

The User has the right to put a Check on one or more contacts saved in the cell phone address book of their own device. The User acknowledges and unconditionally accepts that:

1. the contacts of the cell phone address book remain saved exclusively on the device of the User and are not transmitted to the HOLDER, without prejudice to the phone number of the contact on whom the User puts a Check, transmitted to the HOLDER for the sole purpose of sending the anonymous notification referred to below;
2. the contact on whom the User puts a Check, where registered on CHECK&LOVE, receives within CHECK&LOVE an anonymous notification, devoid of any identifying element of the User who has put the Check, of the following content: “A user of Check&Love who knows you has put a Check on you”, or analogous formulation in the language of the User;
3. the contact on whom the User puts a Check, where not registered on CHECK&LOVE, does not receive any communication from the HOLDER, the datum of the contact remaining inactive in the systems of the HOLDER and used solely in the eventuality in which the contact subsequently registers on CHECK&LOVE;
4. no contact of the cell phone address book of the User may discover that the User is registered on CHECK&LOVE, without prejudice to the case in which a Love is determined between the User and the contact;
5. the User is not informed of the eventual registration of any contact of their own cell phone address book on CHECK&LOVE, without prejudice to the case of Love.

The Check on the Nearby Users

The User has the right to put a Check on one or more Nearby Users encountered through the Check&Love Bluetooth Network. The User acknowledges and unconditionally accepts that:

1. the Check&Love Bluetooth Network is a local network created exclusively through Bluetooth technology between the devices of the Users physically present in the same place at the same time, without resorting to GPS geolocation for the purposes of the identification of the Nearby Users;
2. the Profile of the Nearby Users encountered through the Check&Love Bluetooth Network is visible to the User, who may put a Check on one or more of them, on condition that the Nearby Users recipients of the Check, and the User themselves, have activated in the settings of their own Account the functionality “Nearby Users”, in accordance with the modalities provided for in Article 7 of the TERMS;
3. all the Checks put by the Nearby User are always anonymous and the identity of the Nearby User who has put a Check remains always hidden from the recipients of the Check;
4. the Nearby User on whom the User puts a Check receives within CHECK&LOVE an anonymous notification, devoid of any identifying element of the User who has put the Check, of the following content: “A user of Check&Love who knows you has put a Check on you”, or analogous formulation in the language of the User;
5. putting a Check on the Nearby Users may be subject to specific access limitations depending on the type of Account of the User, in accordance with the modalities provided for in Article 13 of the TERMS.

The Check on the Encountered Members at the Events

The User has the right to put a Check on the Encountered Members at the same Event. The User acknowledges and unconditionally accepts that:

1. the Member has the right to put a Check exclusively on the Encountered Members, that is on the Members who are physically present at the Event at the same time as the User and whose devices are connected to the Check&Love Bluetooth Network of the Event;
2. the Member has the right to put a Check on the Encountered Members, that is on the Members who were physically present at the same Event at the same time as the User, also after the conclusion of the Event, during the state of Last Checks Event, in accordance with the modalities provided for in Article 1 of the TERMS;
3. all the Checks put by the Member are always anonymous and the identity of the Member who has put a Check remains always hidden from the recipients of the Check;
4. the Encountered Member on whom the User puts a Check receives within CHECK&LOVE an anonymous notification, devoid of any identifying element of the User who has put the Check, of the following content: “A user of Check&Love who knows you has put a Check on you”, or analogous formulation in the language of the User.

The Love

The User acknowledges and unconditionally accepts that:

1. the Love is determined exclusively when two Users have reciprocally put a Check on each other, independently of the order or of the time elapsed between the two Checks;
2. the Love unlocks the disclosure of the reciprocal Check between the two Users in Love and the activation of the Check&Love Chat between them;
3. the disclosure of the reciprocal Check concerns exclusively the two Users in Love and does not extend to other Users on whom each of the two had previously put a Check, who remain anonymous to them;
4. in the particular case of Love with a contact of the cell phone address book, who until that moment was identifiable only for the User who saved them in the address book and who put a Check on them by means of the name present in the cell phone address book of the same, the Love entails the reciprocal disclosure of the Profile of the two Users in Love;
5. each User in Love has the right, at any time, to remove the Love through the dedicated functionality “Remove the Love”, with the consequence of the irreversible deletion of the entire history of the Check&Love Chat between the two Users.

The Check list and the Love list

The User acknowledges and unconditionally accepts that CHECK&LOVE makes available two distinct lists, accessible exclusively to the User themselves:

1. the Check list, containing:
   1. the Profiles of the Nearby Users and of the Encountered Members at the Events to which the User registers and participates, in that Users of CHECK&LOVE who, in compliance with the principle of anonymity of the Check, have their own Profile visible through the Check&Love Bluetooth Network and therefore their own identity is reciprocally visible, on whom the User has put a Check, with indication, next to each Profile, of the date of the encounter and of the date on which the User has put a Check, without any reference to the Event eventually at the origin of the encounter;
   2. the names of the contacts of the address book on whom the User has put a Check, who do not have a Profile on CHECK&LOVE and for whom the User sees exclusively the information saved in the cell phone address book of the User; the User acknowledges and unconditionally accepts that, in coherence with the principle of anonymity of the Check, the User may in no way know whether their own contacts of the address book are registered as Users on CHECK&LOVE, and may eventually discover it only where a Love is determined following a reciprocal Check;
   3. the Check list makes available provenance filters that allow the User to view separately the Checks put on the contacts of the address book, the Checks put on the Nearby Users and the Checks put on the Encountered Members at Events, without however revealing to which specific Event the Check refers;
2. the Love list, containing the Profiles of the Users with whom the User is in Love, with indication, next to each Profile, of the sole date of the Love and without any reference to the Event eventually at the origin of the encounter.

The User acknowledges and unconditionally accepts that the Check list and the Love list of the User are accessible exclusively to the User themselves and are in no way visible to other Users, in coherence with the principle of anonymity of the Check referred to in the present Article.

The User acknowledges and unconditionally accepts that, upon the deletion of an Event, whether deriving from the natural expiry of the Event pursuant to Article 1 of the TERMS, or ordered by the staff of the HOLDER upon the outcome of the examination of a Report, the descriptive data of the Event, including name, description, identity images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), time of starting of the Check&Love Bluetooth Network and any image associated with the Event, as well as the list of the Encountered Members and any other descriptive datum, are irreversibly deleted, whereas the Profiles and the names present in the Check list and in the Love list of the User, even where generated following participation in the deleted Event, remain in the respective lists, in that the relationships of Check and of Love constitute autonomous relationships between the Users, independent of the life cycle of the Event and of the persistence of the data of the Event itself.

The Check&Love Chat

The User acknowledges and unconditionally accepts that:

1. the Check&Love Chat is the private messaging service available exclusively between two Users in Love;
2. the Check&Love Chat is provided through the technical service Firebase Realtime Database supplied by Google Ireland Limited, as data processor pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR), in accordance with the modalities provided for in the Rules on Technical services of third parties of the present Article;
3. the messages exchanged through the Check&Love Chat are transmitted in encrypted form;
4. the messages exchanged through the Check&Love Chat are not retained by the HOLDER beyond the technical time necessary for their transmission and consultation by the recipient User, it being understood that the intermediate technical retention by Firebase is regulated by the conditions of the supplier referred to in the Rules on Technical services of third parties of the present Article, which the User expressly accepts;
5. the removal of the Love between two Users determines the irreversible Deletion of the entire history of the Check&Love Chat of the messages exchanged between such two Users, without possibility of restoration;
6. the User is the sole responsible for the content of the messages sent through the Check&Love Chat, in compliance with the AGREEMENT, the Ethical Code and the PROVISIONS AND LAWS.

Technical services of third parties

The User acknowledges and unconditionally accepts that CHECK&LOVE avails itself, for the provision of specific technical functionalities, of the following services of third parties, each operating as data processor of personal data pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR) on the basis of agreements concluded with the HOLDER:

1. Firebase Authentication, supplied by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland), for the verification of the phone number of the User and the sending of the OTP code via SMS during the Registration phase and the access to CHECK&LOVE, in accordance with the modalities provided for in Article 7 of the TERMS;
2. Firebase Realtime Database, supplied by Google Ireland Limited, for the functioning of the Check&Love Chat referred to in the preceding paragraph of the present Article;
3. Firebase Cloud Messaging, supplied by Google Ireland Limited, for the sending of push notifications to the device of the User, including, by way of example and not exhaustively, the anonymous notifications of Check, the notifications of Love, the notifications of new messages in the Check&Love Chat, the notifications of invitation to Events, the notifications of Suspension and of Readmission, and any other notification connected to the functioning of CHECK&LOVE;
4. Google Maps Platform, supplied by Google Ireland Limited, for the cartographic display of the Events in the vicinity of the User on the map of Events of CHECK&LOVE and for the technical service of search of the street addresses (geocoding) on the same map, through GPS geolocation activated exclusively when the User accesses the map of Events. The search service entails the transmission to Google Ireland Limited of the text of the address typed by the User in the search function, for the sole purpose of returning the corresponding geographic coordinates for the cartographic display, it being understood that the determination of the Nearby Users and of the Encountered Members at Events is carried out exclusively through the Check&Love Bluetooth Network, without any resort to GPS geolocation;
5. Cloudflare, supplied by Cloudflare, Inc. (101 Townsend Street, San Francisco, CA 94107, USA), as computer security service (application firewall, protection from DDoS attacks, mitigation of malicious traffic) and Content Delivery Network in protection of the technical infrastructure of CHECK&LOVE.

The User acknowledges and unconditionally accepts that the functioning of the functionalities listed above entails the processing of some personal data of the User by the aforesaid suppliers, in accordance with the modalities, the purposes and the retention times established by the suppliers themselves in the respective privacy policies and conditions of service, which the User is invited to consult at the following addresses:

1. for Google Ireland Limited (Firebase Authentication, Firebase Realtime Database, Firebase Cloud Messaging, Google Maps Platform): privacy policy available at the address https://policies.google.com/privacy and Firebase terms of service available at the address https://firebase.google.com/terms;
2. for Cloudflare, Inc.: privacy policy available at the address https://www.cloudflare.com/privacypolicy/.

The User acknowledges and unconditionally accepts that, where the aforesaid suppliers operate servers located outside the European Economic Area (EEA), the HOLDER has adopted adequate guarantees pursuant to Articles 44 et seq. of Regulation (EU) 2016/679 (GDPR), including the standard contractual clauses approved by the European Commission (Standard Contractual Clauses) and, where applicable, the adherence to the Trans-Atlantic Data Privacy Framework, in accordance with the modalities further provided for in Article 5 of the PRIVACY POLICY.

The User acknowledges and unconditionally accepts that the HOLDER is not liable for malfunctions, interruptions or delays of the technical services of third parties listed above, which are attributable to factors external to the sphere of control of the HOLDER itself, without prejudice to the obligations of the HOLDER to select suppliers that offer sufficient guarantees pursuant to Article 28, paragraph 1, of Regulation (EU) 2016/679 (GDPR).

The Events

The User acknowledges and unconditionally accepts that:

1. any User of CHECK&LOVE has the right to create one or more Events, becoming Administrator of the Events created;
2. the Events may be of two main types, mutually alternative: public Events, accessible to all Users of CHECK&LOVE and visible in the list of Events and on the map of Events, and confidential Events, accessible exclusively to the Users invited by the Administrator and not visible to other Users;
3. both public Events and confidential Events may be in the states of Scheduled Event, Today’s Event, Live Event, Last Checks Event, Closed Event and Suspended Event, in accordance with the modalities provided for in Article 1 of the TERMS;
4. the creation and the management of Events are governed by the Rules of management of the Event by the Administrator referred to in Article 1 of the TERMS, and may be subject to specific limitations regarding the number of Members, the duration and the right of advance programming, depending on the type of Account of the User, in accordance with the modalities provided for in Article 13 of the TERMS;
5. the Administrator, after the creation of the Event and in order to allow the participation of the registered Members, must be present in their proximity area and must start the Check&Love Bluetooth Network of the Event through the dedicated functionality of CHECK&LOVE, available also through the Check&Love network App for macOS computers and Android tablets;
6. any User has the right to register to a public Event through the list of Events or the map of Events, and to register to a confidential Event through the invitation received from the Administrator;
7. the registration to an Event constitutes the first aware and voluntary action of the Member and does not allow, by itself, the participation in the Event, determining exclusively the visibility of the Member in the special lists of the Administrator of the Event for the purposes of the Suspension, of the Readmission and of the eventual invitation to a new Event; the effective participation in the Event constitutes the second aware and voluntary action of the Member, is governed by the Rules of participation in the Event by the Member referred to in Article 1 of the TERMS, and requires the physical presence of the Member in the proximity area of the Event, the activation of the Bluetooth on their own device and the circumstance that the Administrator has started the Event;
8. the Member, where they do not intend to appear as Encountered Member currently present at the Event, has the right alternatively not to participate in the Event, or, after having clicked on the command “Participate”, to exit the Check&Love Bluetooth Network of the Event, remaining registered but not visible as Encountered Member currently present, in accordance with the modalities provided for in Article 1 of the TERMS; the Member does not have an “Absent” functionality, reserved exclusively to the Administrator of the Event, activatable exclusively at the moment of the starting of the Event, in accordance with the modalities provided for in Article 1 of the TERMS;
9. the map of Events of CHECK&LOVE avails itself of GPS geolocation exclusively in order to show the Events in the vicinity of the User on a map; GPS geolocation is not used in order to identify or track the Users, nor in order to determine the proximity between Users, which is determined exclusively through the Check&Love Bluetooth Network.

Geolocation and Bluetooth: scope and limitations

The User acknowledges and unconditionally accepts that:

1. the GPS geolocation of the device of the User is required solely in order to show the Events in the vicinity of the User on the map of Events of CHECK&LOVE, and is activated exclusively when the User accesses the map of Events;
2. the GPS geolocation of the device of the User is not used in order to identify the Nearby Users and the Members encountered at an Event, to track the movements of the User, or to profile the User in any way;
3. the determination of the proximity between Nearby Users and the Members encountered at an Event occurs exclusively through the Check&Love Bluetooth Network, that is a local network of Bluetooth devices physically present in the same place at the same time, without resorting to GPS geolocation;
4. the activation and the deactivation of the GPS geolocation and of the Bluetooth on the device of the User are managed exclusively through the system settings of the device, over which the HOLDER has no control.

Article 9. ROLES IN THE EVENTS

The User acknowledges and unconditionally accepts that, with reference to a single Event, the User may assume one of the following roles:

1. Administrator: the User who has created the Event and starts the Check&Love Bluetooth Network of the Event in order to allow the participation of the Members. The Administrator has the right to manage the Event, including the modification of the descriptive data, the Suspension of a Member from the single Event and their Readmission in accordance with the modalities provided for in Article 10 of the TERMS, the closure of the Event and the invitation of Members of previous Events to a new Event, in accordance with the modalities provided for in the Rules of management of the Event by the Administrator referred to in Article 1 of the TERMS. The Administrator is not visible to the Members of the Event except as Encountered Member following the starting of the Check&Love Bluetooth Network of the Event and the entry of the Administrator into the same Network, without prejudice to the activation of the “Absent” mode reserved exclusively to the Administrator of an Event and activatable exclusively at the moment of the starting of the Event; however, the behaviour of the Administrator may be the subject of a Report to the staff of the HOLDER in accordance with the modalities provided for in Article 10 of the TERMS.
2. Member: the User who has registered to the Event (first aware and voluntary action) and has subsequently participated in the Event by entering the Check&Love Bluetooth Network of the Event (second aware and voluntary action), in accordance with the modalities provided for in the definition of Member referred to in Article 1 of the TERMS; the Member has the right to put a Check exclusively on the Encountered Members at the same Event.
3. Invited: the User invited by the Administrator to register to an Event, obligatorily to a confidential Event. The Invited has the right, at any time, to accept the invitation and register to the Event, becoming Member, or to refuse the invitation.
4. Suspended: the User Suspended according to one of the following modalities:
   1. by the Administrator from a single Event for inappropriate behaviour, with effects limited to that Event;
   2. by the staff of the HOLDER from access to CHECK&LOVE following a Report, with general effects on all the functionalities of CHECK&LOVE and with automatic Suspension of all the Events of which the Suspended User is Administrator.
5. Readmitted: the User whose Suspension, referred to in the preceding definition, has been revoked, according to one of the following modalities:
   1. in the case of Suspension from an Event, exclusively by the Administrator of the Event, at any time and autonomously, given that the staff of the HOLDER does not have the right to readmit a Member to an Event created by another Administrator;
   2. in the case of Suspension from Check&Love, by the staff of the HOLDER following acceptance of the request of Readmission submitted by the suspended User, in accordance with the modalities provided for in Article 10 of the TERMS.

The Readmitted User, where they were Administrator of one or more Events at the moment of the Suspension of the access, has the burden of requesting the staff of the HOLDER the restoration of the single suspended Events, through the dedicated functionality of CHECK&LOVE.

The User acknowledges and unconditionally accepts that the same User may assume different roles in different Events, including the role of Administrator of the Events created by the User and the role of Member or Invited in the Events created by other Administrators.

The User acknowledges and unconditionally accepts that the role of Administrator entails the responsibility of the correct conduct of the Event and of the verification of the suitability of the descriptive data of the Event, including name, description, identity images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), time of starting of the Check&Love Bluetooth Network and any image associated with the Event, in compliance with the AGREEMENT, the Ethical Code and the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the Administrator has the right, without obligation of motivation, to autonomously suspend and readmit a Member to the single Event created by the Administrator, through the dedicated functionality of CHECK&LOVE. The Suspension produces immediate effect and prevents the Suspended Member from continuing to participate in the Event. The User acknowledges and unconditionally accepts that the Readmission of a Member to an Event is the exclusive prerogative of the Administrator of the Event, and that the staff of the HOLDER does not have the right to autonomously readmit a Member to an Event created by another Administrator. The right of the Suspended Member to submit to the staff of the HOLDER a request of Readmission remains firm, in accordance with the modalities provided for in Article 10 of the TERMS.

The User acknowledges and unconditionally accepts that the Suspension of a Member by the Administrator does not affect the right of the Suspended Member to access and use CHECK&LOVE in general, nor to register and participate in other Events created by the same Administrator or by other Administrators.

Article 10. REPORTS AND SUSPENSIONS

The User acknowledges and unconditionally accepts that CHECK&LOVE makes available a dedicated Report tool, accessible to all Users, through which:

1. any User may report another User for inappropriate behaviour;
2. any User of CHECK&LOVE may report any aspect concerning a public Event created by another Administrator, in that visible to all Users; only Invited Users may report a confidential Event created by another Administrator, in that visible exclusively to the invited Users. The Report may concern the contents of the Event, the conduct of the Administrator themselves, the conduct of the Members participating in the Event, or any irregularity in the management of the Event.

The User acknowledges and unconditionally accepts that the Report tool of CHECK&LOVE provides for predefined categories of Report, distinguished into User Report and Event Report, in order to allow the staff of the HOLDER to examine the Report with the utmost promptness and in a non-arbitrary, objective and diligent manner, pursuant to Article 16 of Regulation (EU) 2022/2065 (Digital Services Act).

User Report

The User has the right to report to the staff of the HOLDER another User, where the User detects inappropriate or disrespectful behaviours, or the provision of untruthful information, according to one of the following predefined categories:

1. untruthful user name;
2. untruthful user photo;
3. untruthful user information;
4. false user identity;
5. inappropriate or disrespectful content;
6. inappropriate or disrespectful behaviour;
7. other.

Event Report

The User has the right to report to the staff of the HOLDER an Event, as well as the behaviour of its Administrator, according to one of the following predefined categories:

1. the Event does not exist;
2. invalid link;
3. untruthful name of the Event;
4. unauthorised use of the name of the Event;
5. unauthorised use of the identity image;
6. inappropriate or disrespectful content;
7. inappropriate or disrespectful behaviour of the Administrator;
8. other.

The User acknowledges and unconditionally accepts that the category “Other” is provided for the sole purpose of allowing the Report of conducts or circumstances not attributable to the predefined categories referred to in the preceding points, and requires the provision of a specific and detailed textual description by the reporting User, in order to allow its examination by the staff of the HOLDER.

The User acknowledges and unconditionally accepts that the sending of a Report requires the provision of an electronic mail address (email) by the reporting User, for the sole purpose of allowing the staff of the HOLDER to optionally contact the reporting User for eventual requests of clarification connected to the examination of the Report. The provision of the electronic mail address is required exclusively in the context of the Report and is not required at the moment of the registration on CHECK&LOVE. The reporting User acknowledges and unconditionally accepts that the HOLDER is not required to make any communication of feedback regarding the outcome of the examination of the Report.

Requests of Readmission

The User acknowledges and unconditionally accepts that the Report tool of CHECK&LOVE further provides for two specific types of request of Readmission, distinguished by reason of the nature of the Suspension suffered by the User.

1. Readmission to an Event: the Member suspended by the Administrator from a single Event has the right, at any time, to request the staff of the HOLDER their own Readmission to the Event, where they deem that the Suspension is unmotivated or that the motivation that generated it has ceased. The User acknowledges and unconditionally accepts that the Readmission of a Member to an Event is the exclusive prerogative of the Administrator of the Event, and that the staff of the HOLDER does not have the right to autonomously readmit a Member to an Event created by another Administrator. The staff of the HOLDER examines the request of Readmission and, where it deems the request:
   1. unfounded, has the right to suspend in turn the User who submitted the request from CHECK&LOVE, and subsequently, where the preconditions occur, to Delete them, according to the procedure provided for in the present Article;
   2. founded, and thus such as to detect an inappropriate behaviour of the Administrator of the Event pursuant to the “Event Report” paragraph of the present Article, has the right to suspend the Administrator themselves from CHECK&LOVE, with automatic and contextual Suspension of all the Events of which the Administrator is creator, and subsequently, where the preconditions occur, to Delete them, according to the procedure provided for in the present Article.

It being understood that the request of Readmission produces practical effect exclusively within the duration of the Event, pursuant to what is provided for in the following paragraph of the present Article, and the right of the Administrator to autonomously readmit to the Event, at any time, the Member suspended by them, without the need for any request by the suspended Member, also remains firm.

2. Readmission of the User: the User whose access to CHECK&LOVE has been temporarily suspended by the staff of the HOLDER following a Report has the right to request their own Readmission through the dedicated functionality of CHECK&LOVE accessible from the dedicated page visible to the suspended User, in accordance with the modalities provided for in the definition “Suspended” referred to in Article 1 of the TERMS. The User acknowledges and unconditionally accepts that, where the suspended User is also Administrator of one or more Events, all the Events are automatically suspended at the moment of the Suspension of the access, and that, where the User is subsequently Readmitted, it is the burden of the Readmitted User to request the staff of the HOLDER the restoration of the single suspended Events, through the dedicated functionality of CHECK&LOVE.

The staff of the HOLDER examines the requests of Readmission with promptness and in a non-arbitrary, objective and diligent manner, in compliance with Article 16 of Regulation (EU) 2022/2065 (Digital Services Act). The decision of the HOLDER on the request of Readmission is motivated pursuant to Article 17 of the same Regulation, at the latest at the moment of the decision itself. The procedure of examination of the request of Readmission of the User is detailedly governed in the following paragraph “Procedure of Suspension, Readmission and Deletion of the User” of the present Article.

Procedure of Suspension, Readmission and Deletion of the User

The User acknowledges and unconditionally accepts that the staff of the HOLDER, in case of accepted Report or of violation of the AGREEMENT by the User, applies the following procedure, articulated in the following sequential steps:

1. Suspension of the User. The staff of the HOLDER suspends the User from CHECK&LOVE, upon obligatory selection, in the back-office panel, of one of the predefined categories of motivation referred to in the “User Report” and “Event Report” paragraphs of the present Article; in the case in which the category “Other” is selected, the registration of a specific and detailed textual description of the motivation is also required. The motivation thus registered remains visible in the card of the User of the back-office panel for the entire duration of the Suspension. The Suspension of the User entails the automatic and contextual Suspension of all the Events that the User had created as Administrator; each suspended Event bears, in its own card of the back-office panel, the same category of motivation applied to the Suspension of the User.
2. Rights of the suspended User. The suspended User may access exclusively a dedicated page, from which the User may, alternatively:
   1. send to the staff of the HOLDER a request of Readmission, through a dedicated report that illustrates the reasons of the request;
   2. autonomously delete their own Account and all data registered on CHECK&LOVE, including the User photo, the Cover photos, the About me text, the data of the contacts transmitted for the anonymous notifications of Check, all the Events created by the User as Administrator and the history of the Chats between Users in Love. The Deletion is preceded by a dedicated warning confirmation system, with the same modalities of the Account section accessible to all the non-suspended Users.
3. Decision of the staff on the request of Readmission. Following the examination of the request of Readmission referred to in point 2.a, conducted in a diligent, objective and non-arbitrary manner pursuant to Article 16 of Regulation (EU) 2022/2065 (Digital Services Act), the staff of the HOLDER adopts one of the following motivated decisions:
   1. Readmission of the User: the User returns to access CHECK&LOVE with the same rights of which they disposed before the Suspension. The Events that the User had created as Administrator nevertheless remain suspended and the User, where they intend to restore them, must submit for each a separate request of Readmission to an Event, in compliance with Article 10 of the TERMS;
   2. Definitive Deletion of the User: the staff proceeds with the Deletion of the Account of the User and of all data registered on CHECK&LOVE, including the User photo, the Cover photos, the About me text, the data of the contacts transmitted for the anonymous notifications of Check, all the Events created by the User as Administrator and the history of the Chats between Users in Love. The retention obligations of the identification data for the period of 10 years subsequent to the Deletion remain unaffected, pursuant to Article 2946 of the Italian Civil Code and Article 22 of Presidential Decree no. 600 of 29 September 1973, in accordance with the modalities provided for in Article 11 of the PRIVACY POLICY.

The User acknowledges and unconditionally accepts that the staff of the HOLDER adopts the decision of Readmission or of Deletion also in the absence of a request of Readmission by the suspended User, and without obligation of any individual communication to the User. The motivation of the decision is in any case retained in the internal logs of the HOLDER, pursuant to Article 17 of Regulation (EU) 2022/2065 (Digital Services Act), for the purposes of security, prevention of abuses, defence in court and fulfilment of the obligations provided for by the applicable PROVISIONS AND LAWS.

Access to the USER CONTENT by the staff of the HOLDER in the examination of the Report

The User acknowledges and unconditionally accepts that, in order to allow the staff of the HOLDER the diligent, objective and non-arbitrary examination of the Reports and of the requests of Readmission, pursuant to Article 16 of Regulation (EU) 2022/2065 (Digital Services Act), the staff of the HOLDER has the right to access and consult the USER CONTENT strictly necessary for the examination of the single Report or request of Readmission, including, by way of example but not limited to: the User photo, any Cover photos, the About me text, the descriptive data of the Events created by the User as Administrator, including name, description, address and identity images of the Event (photo, logo or icons).

The User acknowledges and unconditionally accepts that the access to the USER CONTENT by the staff of the HOLDER, for the purposes referred to in the preceding paragraph:

1. is permitted exclusively to the personnel of the HOLDER previously authorised and bound by confidentiality obligations pursuant to Article 28, paragraph 3, letter b), of Regulation (EU) 2016/679 (GDPR);
2. is limited to the USER CONTENT strictly necessary for the examination of the single Report or request of Readmission, in compliance with the principle of minimisation referred to in Article 5, paragraph 1, letter c), of the GDPR;
3. is carried out in compliance with the purposes of security of the platform, prevention of abuses and fulfilment of the obligations provided for by Regulation (EU) 2022/2065 (Digital Services Act), which constitute the legitimate interest of the HOLDER pursuant to Article 6, paragraph 1, letter f), of the GDPR, in combination with the fulfilment of the legal obligation pursuant to Article 6, paragraph 1, letter c), of the GDPR;
4. is registered in the internal logs of the HOLDER, retained for the time strictly necessary for the management of the Report and the eventual activation of judicial or administrative procedures, in accordance with the modalities provided for in Article 11 of the PRIVACY POLICY.

The User acknowledges and unconditionally accepts that, outside the cases provided for in the present Article, the staff of the HOLDER does not have the right to access the history of the Check&Love Chat between Users in Love, which remains encrypted and accessible exclusively to the two Users in Love in accordance with the modalities provided for in Article 8 of the TERMS.

The HOLDER undertakes to examine the Reports with promptness and in a non-arbitrary, objective and diligent manner, in compliance with Article 16 of Regulation (EU) 2022/2065 (Digital Services Act). The motivation of the decision adopted is registered by the staff of the HOLDER in the back-office panel through obligatory selection of one of the predefined categories referred to in the “User Report” and “Event Report” paragraphs of the present Article, pursuant to Article 17 of Regulation (EU) 2022/2065 (Digital Services Act); in the case in which the category “Other” is selected, the registration of a specific and detailed textual description is also required. The motivation remains visible in the card of the User or of the Event of the back-office panel for the entire duration of the Suspension and, in case of Deletion, is retained together with the identification data for the periods provided for in Article 11 of the PRIVACY POLICY.

The User acknowledges and unconditionally accepts that, on the basis of the examination of a Report, the HOLDER has the right to adopt one or more of the following measures:

1. Suspension or Deletion of the Account of the reported User;
2. Suspension or cancellation of the reported Event;
3. any other measure deemed appropriate by the HOLDER, in compliance with the AGREEMENT and the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that, given that the Suspension by the Administrator is limited to the single Event in which the inappropriate behaviour occurred, the request of Readmission has practical effect exclusively within the duration of the Event itself. Where the staff of the HOLDER is not able to examine the request of Readmission within the duration of the Event, the request becomes materially ineffective. The HOLDER may nevertheless take into account the elements emerging from the request of Readmission for the purposes of the overall evaluation of the conduct of the Administrator and may adopt the appropriate measures, including those provided for by Article 23 of Regulation (EU) 2022/2065 (Digital Services Act).

Article 11. USER CONTENT

The User acknowledges and unconditionally accepts that the USER CONTENT inserted, published, shared or otherwise made available on CHECK&LOVE by the User is and remains the exclusive intellectual property of the User, who grants to the HOLDER the Worldwide Licence referred to in Article 5 of the TERMS, for the purposes provided for and governed by the AGREEMENT.

For the purposes of the AGREEMENT, USER CONTENT means the following data, information and multimedia contents:

1. the User photo;
2. the Cover photos, optional;
3. the About me text;
4. the descriptive data of the Events created by the User as Administrator, including name, description, identity images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), time of starting of the Check&Love Bluetooth Network and any image associated with the Event;
5. the messages sent through the Chat to other Users in Love;
6. the texts and the contents of the Reports sent to the staff of the HOLDER;
7. any other content that the User may freely insert in CHECK&LOVE in compliance with the AGREEMENT.

The User acknowledges and unconditionally accepts being the sole responsible for the USER CONTENT inserted, published, shared or otherwise made available on CHECK&LOVE, and the User guarantees:

1. to be the holder of all the intellectual property rights, image rights, privacy rights and any other right necessary for the publication of the USER CONTENT on CHECK&LOVE, or to have obtained the necessary consents from the holders of such rights;
2. that the USER CONTENT does not violate the PROVISIONS AND LAWS, the AGREEMENT, the Ethical Code, the rights of third parties or the principles of public order and morality;
3. that the USER CONTENT is not unlawful, defamatory, false, violent, discriminatory, pornographic, obscene, threatening, vulgar, racist, of hatred or otherwise inappropriate.

The User acknowledges and unconditionally accepts that, by inserting, publishing, sharing or otherwise making available the USER CONTENT on CHECK&LOVE, the User grants to the HOLDER the Worldwide Licence pursuant to Article 5 of the TERMS. The User indemnifies the HOLDER from any claim, demand, action or request of third parties deriving from the violation by the User of the guarantees referred to in the present Article.

The User acknowledges and unconditionally accepts that the HOLDER, upon receipt of a Report through the Report tool, has the right to adopt the measures referred to in Article 10 of the TERMS and in Article 15 of the TERMS (Digital Services Act Compliance), including the removal of the content, the Suspension or Deletion of the Account of the User, in compliance with the procedures provided for in the aforesaid Articles and with the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the HOLDER, in the technical management of the USER CONTENT, performs automatic and routine technical operations of optimisation for the correct use of the USER CONTENT on the supported devices, including the transcoding into formats compatible with the Apple iOS, Google Android and Apple macOS operating systems, the compression of the files for the optimisation of the transmission, the creation of derivative files and multiple versions at different resolutions or qualities. Such operations are performed in compliance with the Worldwide Licence granted by the User to the HOLDER pursuant to Article 5 of the TERMS, without alteration of the original expressive content of the USER CONTENT.

The User acknowledges and unconditionally accepts having the right, at any time, to modify, suspend, hide or delete the USER CONTENT, through the dedicated functionalities of CHECK&LOVE, without prejudice to the retention obligations provided for by the PROVISIONS AND LAWS and to the Worldwide Licence granted to the HOLDER pursuant to Article 5 of the TERMS.

Article 12. RIGHTS OF THE HOLDER

The HOLDER is the exclusive holder of all the intellectual property rights on CHECK&LOVE, including the trademark, the logo, the domain name, the graphic interfaces, the source code, the algorithms, the technical solutions and any other element constituting the intellectual property of the HOLDER.

The HOLDER has the right, at any time and without notice, to modify, update, suspend, interrupt or cease, in whole or in part, the services provided on CHECK&LOVE and governed by the AGREEMENT, for technical, organisational, security or compliance reasons, without prejudice to the provisions referred to in Article 6 of the TERMS.

The HOLDER has the right to adopt technical, organisational and security measures aimed at:

1. preventing and countering frauds, unauthorised accesses, attacks, abuses and any other unlawful or improper use of CHECK&LOVE;
2. protecting the integrity, the security and the availability of CHECK&LOVE and of the USER CONTENT;
3. guaranteeing compliance with the AGREEMENT and with the PROVISIONS AND LAWS;
4. protecting the rights of the Users and of third parties.

The HOLDER has the right, at any time, to verify, monitor and subject to verification the use of CHECK&LOVE and of the USER CONTENT, in compliance with the AGREEMENT and with the PROVISIONS AND LAWS.

The HOLDER has the right to retain the USER CONTENT, the data of the Account and the data of the activity of the Account for a period of 10 (ten) years subsequent to the Deletion of the Account, in compliance with Article 2946 of the Italian Civil Code (ordinary ten-year limitation period) and Article 22 of Presidential Decree no. 600 of 29 September 1973 (retention of accounting records), without prejudice to longer retention obligations provided for by the PROVISIONS AND LAWS.

The HOLDER is not liable for any damage of any nature suffered by the User or by third parties as a consequence of the use of CHECK&LOVE, without prejudice to the cases attributable to wilful misconduct or gross negligence of the HOLDER, pursuant to Article 1229 of the Italian Civil Code.

The HOLDER has the right to avail itself of third-party suppliers for the provision of specific technical services connected to CHECK&LOVE, including, by way of example but not limited to, Google Firebase for the services of authentication through SMS, messaging of the Chat, push notifications and management of the technical errors of the application, Google Maps Platform for the cartographic display of the Events in the vicinity of the User on the map of Events of CHECK&LOVE, Cloudflare for the services of network security and content delivery network (CDN) of the technical infrastructure of CHECK&LOVE and of the institutional website www.checkandlove.com, and the online marketplaces Apple’s App Store and Google Play for the services of distribution of the application and management of the in-app purchases. The HOLDER is not liable for acts, omissions, malfunctions or interruptions of such third-party suppliers, without prejudice to the cases of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code.

The HOLDER undertakes to adopt technical and organisational measures suitable to guarantee the security of CHECK&LOVE and of the USER CONTENT, in compliance with Article 32 of Regulation (EU) 2016/679 (GDPR). The HOLDER is not liable for security incidents not attributable to the HOLDER, including the incidents caused by third parties or by the negligence of the User in the custody of the device or of the SIM card associated with the registered phone number, without prejudice to the cases of wilful misconduct or gross negligence of the HOLDER, pursuant to Article 1229 of the Italian Civil Code.

In case of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code, the HOLDER is liable for the damages caused to the User or to third parties, within the limits provided for by the PROVISIONS AND LAWS.

The HOLDER is not liable for any damage of any nature suffered by the User or by third parties as a consequence of the violation by the User of the AGREEMENT, of the Privacy Policy, of the Cookie Policy or of the PROVISIONS AND LAWS, without prejudice to the cases of wilful misconduct or gross negligence of the User pursuant to Article 1229 of the Italian Civil Code.

Article 13. IN-APP PURCHASES

The User acknowledges and unconditionally accepts that CHECK&LOVE provides for paid functionalities, in addition to those available free of charge, accessible through the subscription of one of the available subscriptions, hereinafter collectively referred to as the In-app Purchases.

The User acknowledges and unconditionally accepts that the In-app Purchases on CHECK&LOVE are processed exclusively through the in-app purchase service of the online marketplaces Apple’s App Store and Google Play, hereinafter collectively referred to as the Store, in compliance with the conditions of use, the payment modalities and the security standards of the aforesaid Stores.

The User acknowledges and unconditionally accepts that:

1. the entire procedure of the In-app Purchases on CHECK&LOVE occurs through a secure connection between the User and the Store;
2. the Store is the exclusive technical operator of the payment, withholds a percentage commission for the in-app purchase service and authorises in favour of the HOLDER exclusively the amount net of such commission;
3. the HOLDER does not collect, process or retain data of the payment instruments of the User (such as, by way of example, credit card numbers, expiry dates, security codes), which are managed exclusively by the Store;
4. the requests of refund, cancellation, dispute or modification of the In-app Purchases must be addressed exclusively to the Store, in compliance with the procedures provided for by the Store and with the applicable PROVISIONS AND LAWS;
5. the HOLDER is not liable for malfunctions, interruptions, errors or fraudulent or unlawful uses of the in-app purchase service of the Store, without prejudice to the cases of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code.

The User acknowledges and unconditionally accepts that, in case of failure to complete, cancellation or ineffectiveness of the In-app Purchase, the HOLDER is not obliged to release the paid functionalities connected to such In-app Purchase, until the regular completion of the payment procedure by the Store.

The User acknowledges and unconditionally accepts that the HOLDER reserves the right to modify the available subscriptions, the corresponding paid functionalities, the prices and the conditions of access, in compliance with the AGREEMENT and with the PROVISIONS AND LAWS, with notice of not less than 7 (seven) days with respect to the entry into force of the modifications, through a notice published in the “News” section of the CHECK&LOVE app.

The User acknowledges and unconditionally accepts that the HOLDER, in compliance with the obligations provided for by the PROVISIONS AND LAWS, retains the data necessary to fulfil the fiscal and accounting obligations connected to the In-app Purchases, for the periods provided for by the aforesaid PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the HOLDER reserves the right to introduce, at any time, payment instruments alternative to the in-app purchase service of the Store, in addition to or in replacement of the same, where deemed valid or better for the security of the payment system or for the offering of services to the Users, in compliance with the AGREEMENT and with the PROVISIONS AND LAWS.

Article 14. ASSIGNMENT OF THE AGREEMENT

The HOLDER has the right to assign the AGREEMENT, in whole or in part, to third parties, in compliance with the PROVISIONS AND LAWS, with notice of not less than 15 (fifteen) days through a notice published in the “News” section of the CHECK&LOVE app and on the institutional website www.checkandlove.com. In case of assignment of the AGREEMENT, the User has the right to refuse the assignment by requesting the Deletion of their own Account without charges and without consequences.

Article 15. DIGITAL SERVICES ACT COMPLIANCE

Check&Love S.r.l. qualifies as a micro or small enterprise pursuant to Article 3 of Commission Recommendation 2003/361/EC, having fewer than 50 persons employed and an annual turnover or an annual balance sheet total not exceeding 10 million euro. Therefore, pursuant to Article 19 of Regulation (EU) 2022/2065 (Digital Services Act), Check&Love S.r.l. is exempt from the obligations referred to in Section 5 of Chapter III of the same Regulation, including the obligation to publish reports on the transparency of the content moderation decisions referred to in Article 24. Without prejudice to such exemption, the HOLDER voluntarily adopts the following measures in order to guarantee security, transparency and accountability of the service:

Single point of contact

The HOLDER designates as single point of contact for the direct communication with the authorities of the Member States, the European Commission and the European Board for Digital Services the address [email protected]. The same email address is made available as single point of contact for the Users of CHECK&LOVE, pursuant to Article 12 of the Digital Services Act, for the forwarding of electronic communications in Italian and in English.

Notice and action mechanism

Any User or third party may report to the HOLDER the presence of information deemed illegal content, the inappropriate behaviour of another User, or any irregularity concerning an Event created by another Administrator, pursuant to Article 16 of the Digital Services Act, through the dedicated Report tool of CHECK&LOVE referred to in Article 10 of the TERMS or by sending the Report to the address [email protected]. The right to report an Event is limited, in coherence with the rules of visibility of Events: any User of CHECK&LOVE has the right to report a public Event, in that visible to all Users; only Invited Users have the right to report a confidential Event, in that visible exclusively to the invited Users.

The HOLDER undertakes to examine the Reports with promptness and in a non-arbitrary, objective and diligent manner. The motivation of the decision adopted is registered by the staff of the HOLDER in accordance with the modalities provided for in Article 10 of the TERMS, pursuant to Article 17 of Regulation (EU) 2022/2065 (Digital Services Act).

Statement of reasons of the decisions

Where the HOLDER adopts a decision to suspend or cease the provision of the service, the HOLDER communicates such decision to all the Users through a notice published in the “News” section of the CHECK&LOVE app and on the institutional website www.checkandlove.com, pursuant to Article 17 of Regulation (EU) 2022/2065 (Digital Services Act).

Where instead the HOLDER adopts a decision to remove or disable access to a content, suspend or close the Account of a User, or suspend or cancel an Event, the HOLDER does not make any individual communication to the User concerned. The motivation of the decision is registered in the internal logs of the HOLDER for the sole evidentiary purposes and of fulfilment of the obligations referred to in Article 17 of Regulation (EU) 2022/2065 (Digital Services Act).

Internal complaint-handling system

The Users recipients of a decision of the HOLDER referred to in the preceding paragraph may lodge a complaint electronically, free of charge, within 6 (six) months of the decision, pursuant to Article 20 of the Digital Services Act. The complaints may be sent to the address [email protected] and are examined in a prompt, non-discriminatory, diligent and non-arbitrary manner.

Out-of-court dispute settlement

Without prejudice to the right to bring an action before the judicial authority, the Users have the right to turn to a certified out-of-court dispute settlement body pursuant to Article 21 of the Digital Services Act for the composition of the disputes relating to the decisions of the HOLDER.

Suspension of abusive Users and reporters

The HOLDER has the right to suspend, for a reasonable period of time, the provision of the service to the Users who frequently provide manifestly illegal contents, who engage in repeated inappropriate behaviours, or who repeatedly submit manifestly unfounded Reports or complaints, pursuant to Article 23 of Regulation (EU) 2022/2065 (Digital Services Act).

Protection of minors

The HOLDER adopts adequate and proportionate measures in order to guarantee a high level of privacy, protection and security of minors on CHECK&LOVE, pursuant to Article 28 of the Digital Services Act, including the prohibition of registration for the Users below the minimum age requirements provided for in the AGREEMENT.

Article 16. JURISDICTION AND APPLICABLE LAW OF THE AGREEMENT

The User acknowledges and unconditionally accepts that the AGREEMENT is governed by Italian law, without prejudice to the more favourable provisions of the laws for the protection of consumers applicable in the country of residence of the User, where applicable.

The User acknowledges and unconditionally accepts that any dispute relating to the interpretation, execution, validity, effectiveness or termination of the AGREEMENT is devolved to the exclusive jurisdiction of the Court of Rome (Italy), without prejudice to the mandatory provisions of the laws for the protection of consumers applicable in the country of residence of the User, where applicable.

For the Users qualifiable as consumers pursuant to Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code) or pursuant to Regulation (EU) no. 1215/2012, the competent forum is determined in compliance with the aforesaid provisions, with the right of the User to bring an action before the judge of the place of their own residence.

The User has the right to turn to the alternative dispute resolution procedures (ADR) provided for by the PROVISIONS AND LAWS, including the European Online Dispute Resolution (ODR) platform accessible at the address https://ec.europa.eu/consumers/odr/.

The User has the right, in any case, to lodge a complaint with the competent supervisory authority for the protection of personal data, in particular with the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali), as well as with the supervisory authority of the Member State in which the User habitually resides, works or where the alleged violation occurred, pursuant to Article 77 of Regulation (EU) 2016/679 (GDPR).

Article 1. OBJECT OF THE PROCESSING

The HOLDER, as Data Controller of the User’s personal data (hereinafter referred to as the DATA CONTROLLER), processes the following categories of personal data of the User:

Article 2. PURPOSES OF THE PROCESSING

The DATA CONTROLLER processes the personal data of the User for the following purposes:

1. registration and management of the Account, authentication through SMS, provision of the services of CHECK&LOVE, execution of the AGREEMENT and of the Worldwide Licences incorporated therein;
2. verification of the requirement of minimum age for the use of CHECK&LOVE and calculation of the age that the User may choose to make visible on the Profile;
3. creation, management and retention of the Profile of the User and of the USER CONTENT, in compliance with the will expressed by the User;
4. operability of putting a Check, of the Love, of the Chat and of the Events, in accordance with the modalities provided for in the AGREEMENT;
5. operability of the Check&Love Bluetooth Network for the determination of the proximity between Users;
6. cartographic display of the Events in the vicinity of the User on the map of Events of CHECK&LOVE through Google Maps Platform, it being understood that the determination of the Nearby Users and of the Encountered Members at Events is carried out exclusively through the Check&Love Bluetooth Network, without any resort to GPS geolocation;
7. management of the Reports and of the requests of Readmission of the Suspended Users, in accordance with the modalities provided for in Article 10 of the TERMS and in Article 15 of the TERMS (Digital Services Act Compliance);
8. diligent, objective and non-arbitrary examination of the Reports and of the requests of Readmission, pursuant to Article 16 of Regulation (EU) 2022/2065 (Digital Services Act), which entails the consultation, by the previously authorised staff of the HOLDER, of the USER CONTENT strictly necessary for the examination of the single Report or request of Readmission, in accordance with the modalities and within the limits provided for in Article 10 of the TERMS;
9. management of the procedure of Suspension, Readmission and Deletion of the User and of the relevant Events created as Administrator, including the retention of the identification data for the period of 10 years subsequent to the Deletion, pursuant to Article 2946 of the Italian Civil Code and Article 22 of Presidential Decree no. 600 of 29 September 1973, in accordance with the modalities and the times provided for in Article 11 of the PRIVACY POLICY;
10. processing of the In-app Purchases through the in-app purchase service of the Store, in accordance with the modalities provided for in Article 13 of the TERMS;
11. fulfilment of legal obligations to which the DATA CONTROLLER is subject, including the ten-year retention of the data pursuant to Article 2946 of the Italian Civil Code and Article 22 of Presidential Decree no. 600 of 29 September 1973;
12. response to requests of competent judicial or supervisory authorities;
13. communications relating to the Account, to the services of CHECK&LOVE, to the modifications of the AGREEMENT, of the Privacy Policy and of the Cookie Policy;
14. security of the platform, prevention of frauds, unauthorised accesses, abuses and any other unlawful or improper use of CHECK&LOVE;
15. fulfilment of the obligations provided for by Regulation (EU) 2022/2065 (Digital Services Act);
16. statistical and operational analyses, in aggregated and anonymous form, for the improvement of the services of CHECK&LOVE.

The personal data of the User are not transferred to third countries or to international organisations, without prejudice to the limits provided for in Article 5 of the PRIVACY POLICY and in compliance with Regulation (EU) 2016/679 (GDPR). The provision of the personal data necessary for the purposes referred to in the present Article is essential for the execution of the AGREEMENT, and the failure to provide them prevents the access to and use of CHECK&LOVE.

Article 3. LEGAL BASIS OF THE PROCESSING

The DATA CONTROLLER performs the processing of the personal data of the User on the basis of the following legal bases, pursuant to Article 6 of Regulation (EU) 2016/679 (GDPR):

1. performance of the contract to which the data subject is party (Article 6, paragraph 1, letter b), GDPR), for the registration and the management of the Account, the authentication through SMS, the provision of the services of CHECK&LOVE, putting a Check, the Love, the Chat, the management of the Events, the In-app Purchases and the operability of the Check&Love Bluetooth Network;
2. fulfilment of a legal obligation to which the DATA CONTROLLER is subject (Article 6, paragraph 1, letter c), GDPR), for the ten-year retention of the data, the fiscal and accounting obligations, the responses to requests of competent judicial or supervisory authorities, and the obligations provided for by Regulation (EU) 2022/2065 (Digital Services Act);
3. explicit consent of the data subject (Article 6, paragraph 1, letter a), GDPR, and Article 9, paragraph 2, letter a), GDPR), for the processing of any data falling within the special categories referred to in Article 9 of the GDPR provided by the User in the About me text, in the User photo, in the Cover photos, in the descriptive data of the Events, including name, description, identity images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), time of starting of the Check&Love Bluetooth Network and any image associated with the Event, or in the messages exchanged through the Chat;
4. legitimate interest of the DATA CONTROLLER or of third parties (Article 6, paragraph 1, letter f), GDPR), for the security of the platform, the prevention of frauds, the management of the Reports and of the complaints pursuant to the Digital Services Act, the statistical and operational analyses in aggregated and anonymous form, the management of the data of the contacts of the address book of the User as joint controller pursuant to Article 6 of the PRIVACY POLICY, and the display of the map of Events through GPS geolocation.

Article 4. SPECIAL CATEGORIES OF DATA (ARTICLE 9 GDPR)

The User acknowledges and unconditionally accepts that, in the context of the use of CHECK&LOVE, the User may freely decide to insert data falling within the special categories referred to in Article 9, paragraph 1, of Regulation (EU) 2016/679 (GDPR), that is data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data intended to uniquely identify a natural person, data concerning health or sexual life or sexual orientation of the person, in particular through:

1. the About me text;
2. the User photo;
3. the Cover photos;
4. the descriptive data of the Events created by the User as Administrator, including name, description, identity images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), time of starting of the Check&Love Bluetooth Network and any image associated with the Event;
5. the messages exchanged through the Chat with other Users in Love.

The processing of such special categories of data occurs exclusively on the basis of the express consent of the User, pursuant to Article 9, paragraph 2, letter a), of Regulation (EU) 2016/679 (GDPR), given at the moment of the registration on CHECK&LOVE through a dedicated consent flag, freely revocable at any time.

The User has the right, at any time, to revoke the consent given to the processing of such data, through the dedicated functionalities of CHECK&LOVE or through communication to the DATA CONTROLLER, without prejudice to the lawfulness of the processing performed before such revocation and to the retention obligations provided for by the PROVISIONS AND LAWS.

Article 5. INTERNATIONAL DATA TRANSFERS

The User acknowledges and unconditionally accepts that the DATA CONTROLLER, as a rule, does not transfer personal data to third countries outside the European Economic Area (EEA) or to international organisations. Where the transfer results unavoidable for technical reasons (for example, the use of services of technical suppliers with registered office outside the EEA, such as Google Firebase for the services of authentication through SMS, messaging of the Chat and push notifications, the online marketplaces Apple’s App Store and Google Play for the services of distribution of the application and management of the in-app purchases), the DATA CONTROLLER ensures that such transfers occur in compliance with Chapter V of Regulation (EU) 2016/679 (GDPR), adopting one or more of the following guarantees:

1. transfer to countries with an adequacy decision of the European Commission pursuant to Article 45 GDPR, including the Trans-Atlantic Data Privacy Framework (DPF) for the transfers to entities certified in the United States;
2. standard contractual clauses approved by the European Commission pursuant to Article 46, paragraph 2, letter c), GDPR (SCC – Standard Contractual Clauses);
3. transfer impact assessment (TIA), conducted in compliance with the Schrems II judgment of the Court of Justice of the European Union and with the guidelines of the European Data Protection Board (EDPB);
4. further appropriate guarantees provided for by Articles 46 et seq. of Regulation (EU) 2016/679 (GDPR) or approved by the competent supervisory authority.

Article 6. DATA OF THE CONTACTS OF THE ADDRESS BOOK

The User acknowledges and unconditionally accepts that, by putting a Check on a contact of their own cell phone address book, the User authorises the transmission to the DATA CONTROLLER of the phone number of the contact, for the sole purpose of allowing the DATA CONTROLLER to verify whether such phone number corresponds to a User registered on CHECK&LOVE and, if so, to send to such User the anonymous notification referred to in Article 8 of the TERMS. Where the phone number of the contact does not correspond to any User registered on CHECK&LOVE, the transmitted phone number is not used for any other purpose and is in no way retained by the DATA CONTROLLER. The User guarantees to have the right to transmit the phone number of the contact to the DATA CONTROLLER for the purposes referred to above.

The DATA CONTROLLER and the User act as joint controllers of the processing of the data of the contacts of the address book pursuant to Article 26 of Regulation (EU) 2016/679 (GDPR), with the following allocation of responsibilities:

1. the User is responsible for the lawfulness of the use of the data of their own contacts, having freely decided to put a Check on a specific contact, and acts as joint controller for the determination of the purposes and of the means of the transmission of the phone number of the contact to the DATA CONTROLLER;
2. the DATA CONTROLLER is responsible for the security and the lawfulness of the processing performed on the data of the contact transmitted by the User, including the sending of the anonymous notification, the retention of the data and the protection of the identity of the User who has put the Check;
3. the contact has the right, at any time, to turn to the DATA CONTROLLER at the addresses indicated in Article 1 of the TERMS to exercise the rights referred to in Article 13 of the PRIVACY POLICY, including the right to obtain the Deletion of their own data from the systems of the DATA CONTROLLER.

The DATA CONTROLLER undertakes to:

1. not retain the names and surnames of the contacts of the address book of the User, which remain saved exclusively on the device of the User;
2. not reveal to the contact the identity of the User who has put the Check, without prejudice to the case in which a Love is determined between the User and the contact;
3. not use the data of the contacts of the address book for purposes different from those provided for in the present Article and in the AGREEMENT;
4. not transmit the data of the contacts of the address book to third parties, without prejudice to the cases provided for by the PROVISIONS AND LAWS or by the competent judicial or supervisory authorities.

Article 7. BLUETOOTH DATA AND GPS GEOLOCATION DATA

The User acknowledges and unconditionally accepts that CHECK&LOVE avails itself of two distinct technologies for two distinct purposes: the Check&Love Bluetooth Network for the determination of the proximity between Users, and the GPS geolocation for the display of the map of Events.

The Check&Love Bluetooth Network

The User acknowledges and unconditionally accepts that:

1. the Check&Love Bluetooth Network is a local network created exclusively through Bluetooth technology between the devices of the Users physically present in the same place at the same time, without resorting to GPS geolocation;
2. the data exchanged through the Check&Love Bluetooth Network are encrypted Bluetooth identifiers, processed exclusively for the technical time necessary for the identification of the Nearby Users and of the Members encountered at an Event, and not retained by the DATA CONTROLLER beyond such technical time;
3. the data exchanged through the Check&Love Bluetooth Network do not allow the tracking of the movements of the User, the identification of the User outside the Check&Love Bluetooth Network or the profiling of the User in any way;
4. the activation and the deactivation of the Bluetooth on the device of the User are managed exclusively through the system settings of the device.

The GPS geolocation

The User acknowledges and unconditionally accepts that:

1. the GPS geolocation of the device of the User is required exclusively in order to show the Events in the vicinity of the User on the map of Events of CHECK&LOVE, and is activated exclusively when the User accesses the map of Events of CHECK&LOVE;
2. the GPS geolocation data are not retained by the DATA CONTROLLER beyond the technical time necessary for the display of the map of Events;
3. the GPS geolocation data are not used in order to identify the Nearby Users, to track the movements of the User, or to profile the User in any way;
4. the determination of the proximity between Users occurs exclusively through the Check&Love Bluetooth Network, and not through the GPS geolocation;
5. the activation and the deactivation of the GPS geolocation on the device of the User are managed exclusively through the system settings of the device.

Article 8. MOBILE TRACKING TECHNOLOGIES

The User acknowledges and unconditionally accepts that CHECK&LOVE, as a mobile application, avails itself of mobile tracking technologies distinct from the cookies used on the institutional website www.checkandlove.com referred to in the COOKIE POLICY. Such technologies include, by way of example but not limited to:

1. identifiers of the device (such as IDFA on the iOS operating system and Advertising ID on the Android operating system), processed exclusively for technical purposes connected to the correct functioning of CHECK&LOVE and to the prevention of frauds, and not used for purposes of advertising or behavioural profiling;
2. software development kits (SDK) of technical suppliers designated as Data Processors pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR), in particular Google Firebase for the services of authentication through SMS, messaging of the Chat, push notifications and management of the technical errors of the application;
3. local storage technologies on the device of the User, used for the technical functioning of the application, including the management of the session of the Account, the security of the access and the offline functionality of some functionalities.

The User acknowledges and unconditionally accepts that CHECK&LOVE does not use, in any way and at no moment, profiling SDK, advertising SDK, analytics SDK for marketing purposes or behavioural tracking technologies. CHECK&LOVE is and remains free from advertising and from purposes of monetisation of external contents.

Article 9. AUTOMATED DECISION-MAKING PROCESSES (ARTICLE 22 GDPR)

The User acknowledges and unconditionally accepts that the services provided on CHECK&LOVE do not entail processing based solely on automated decision-making processes, including profiling, which produce legal effects on the User or which similarly significantly affect the person of the User, pursuant to Article 22 of Regulation (EU) 2016/679 (GDPR). All the decisions of moderation, Suspension, Deletion or Readmission referred to in the AGREEMENT are adopted with the intervention of the staff of the HOLDER, on the basis of the available elements and of the Reports received.

The services of CHECK&LOVE, including the determination of the Nearby Users, putting a Check, the activation of the Love, the management of the Events and the management of the Chat, are entirely deterministic and based exclusively on the actions of the Users and on the technical functioning of the Check&Love Bluetooth Network. They do not entail the use of any artificial intelligence system, machine learning algorithm or probabilistic inference and, therefore, do not fall within the scope of application of Regulation (EU) 2024/1689 (AI Act).

Article 10. DATA PROTECTION IMPACT ASSESSMENT (ARTICLE 35 GDPR)

The DATA CONTROLLER has carried out a Data Protection Impact Assessment (DPIA) pursuant to Article 35 of Regulation (EU) 2016/679 (GDPR), taking into account the nature, the scope, the context and the purposes of the processing performed on CHECK&LOVE, with particular regard to the Check&Love Bluetooth Network, to the processing of the data of the contacts of the address book of the User, to the processing of the special categories of data referred to in Article 9 of the GDPR eventually provided by the User and to the processing of the data of the In-app Purchases.

Article 11. DATA RETENTION PERIODS

In compliance with Article 13, paragraph 2, letter a), of Regulation (EU) 2016/679 (GDPR), the DATA CONTROLLER processes and retains the personal data of the User for the periods strictly necessary for the achievement of the purposes for which the data were collected, and in any case in compliance with the following criteria:

1. the identification and contact data are retained for the duration of the activity of the Account and, after the Deletion of the Account, whether the Deletion is ordered autonomously by the User from the Account section or from the dedicated page in state of Suspension, or whether the Deletion is ordered by the staff of the HOLDER upon the outcome of the procedure referred to in Article 10 of the TERMS, are retained for 10 (ten) years, in compliance with the ordinary limitation period referred to in Article 2946 of the Italian Civil Code and with the applicable obligations of retention of the accounting and documental records pursuant to Article 22 of Presidential Decree no. 600 of 29 September 1973; together with the identification and contact data is retained, for the same period of 10 (ten) years, the category of motivation that determined the eventual Suspension and subsequent Deletion of the User, pursuant to Article 17 of Regulation (EU) 2022/2065 (Digital Services Act);
2. the messages exchanged through the Chat are not retained beyond the technical time necessary for their transmission and consultation by the recipient User; upon the cessation of the Love between two Users, the entire history of the Chat is irreversibly deleted;
3. the data of the contacts of the address book transmitted to the DATA CONTROLLER for the sending of the anonymous notification of the Check are retained exclusively for the time strictly necessary for the verification of their correspondence to Users registered on CHECK&LOVE, for the operability of putting a Check and for the eventual activation of the Love; where the transmitted phone number does not correspond to any User registered on CHECK&LOVE, it is in no way retained by the DATA CONTROLLER; upon the Deletion of the Check by the User or upon request of the contact, the data are deleted from the systems of the DATA CONTROLLER without undue delay;
4. the technical logs, the security data and the SMS authentication logs are retained for the time strictly necessary to guarantee the security of the platform, to prevent unauthorised accesses and to comply with the applicable laws, and in any case for a period not exceeding 12 months from the date of registration of the authentication event;
5. the Bluetooth proximity data and the GPS geolocation data are in no way retained by the DATA CONTROLLER. The GPS geolocation is processed in real time on the device of the User for the sole purpose of allowing the display of the map of Events within a determined radius of distance, and the Bluetooth proximity data are processed in real time by the Check&Love Bluetooth Network for the sole purpose of allowing the encounter between Nearby Users, without any persistence on the systems of the HOLDER;
6. the data of the In-app Purchases necessary to fulfil the fiscal and accounting obligations are retained for the periods provided for by the PROVISIONS AND LAWS;
7. the Reports and the relevant decisions are retained for the time strictly necessary for the management of the Reports and for the eventual activation of judicial or administrative procedures, and in any case for a period not exceeding 5 (five) years from the date of the decision of the HOLDER;
8. the aggregated and anonymous data, used for statistical and operational analyses, are retained without time limits, in compliance with the criteria of Opinion 5/2014 of the Article 29 Working Party on anonymisation techniques;
9. in case of Deletion of the User, all the contents different from the identification data referred to in point 1, including the User photo, the Cover photos, the About me text, the Profile data, the Events created as Administrator, the data of the contacts of the address book transmitted for the anonymous notifications of Check and the history of the Chats between Users in Love, are deleted without undue delay. Upon the expiry of the ten-year retention period of the identification data, such data are also deleted or anonymised in compliance with the criteria of Opinion 5/2014 of the Article 29 Working Party on anonymisation techniques.

Article 12. NOTIFICATION OF PERSONAL DATA BREACH

In case of personal data breach pursuant to Article 4, point 12), of Regulation (EU) 2016/679 (GDPR), the DATA CONTROLLER undertakes to notify the breach to the competent supervisory authority (Italian Data Protection Authority) without undue delay and, where possible, within 72 hours from the moment in which it became aware of it, in compliance with Article 33 of Regulation (EU) 2016/679 (GDPR). Where the personal data breach is likely to present a high risk for the rights and freedoms of natural persons, the DATA CONTROLLER proceeds with the communication of the breach to the Users in compliance with Article 34 of the GDPR; given that the DATA CONTROLLER does not have electronic mail addresses of the Users, the individual communication to the Users would require disproportionate efforts pursuant to Article 34, paragraph 3, letter c), of the GDPR, and the DATA CONTROLLER therefore proceeds with a public communication of the breach through a notice published in the “News” section of the CHECK&LOVE app and on the institutional website www.checkandlove.com, suitable to inform the Users in an equally effective manner. The DATA CONTROLLER maintains an internal register of the personal data breaches pursuant to Article 33, paragraph 5, of the GDPR.

The DATA CONTROLLER has designated an internal Data Protection Officer and has adopted internal policies for the processing of personal data and for the management of personal data breaches, in compliance with Articles 32, 33 and 35 of Regulation (EU) 2016/679 (GDPR).

Article 13. YOUR RIGHTS

The User has the right, at any time, to turn to the DATA CONTROLLER in order to exercise their own rights, and in particular:

1. right of access (Article 15 GDPR): the right to obtain information on which data are processed by the DATA CONTROLLER, the purposes and the modalities of the processing, the subjects or the categories of subjects to whom the data are communicated, the retention period, and to obtain a copy of the data subject to processing;
2. right of rectification (Article 16 GDPR): the right to obtain the rectification of inaccurate or incomplete personal data, also by means of a supplementary declaration;
3. right to Deletion (Article 17 GDPR), so-called right to be forgotten: the right to obtain the Deletion of the personal data, in the cases provided for by the GDPR, without prejudice to the retention obligations referred to in Article 11 of the PRIVACY POLICY;
4. right to restriction of processing (Article 18 GDPR): the right to obtain the restriction of the processing in the cases provided for by the GDPR, including the case of contestation of the accuracy of the data, unlawful processing, processing no longer necessary, opposition to the processing for purposes of legitimate interest, in case of pendency of exercise of rights in court;
5. right to data portability (Article 20 GDPR): the right to receive in a structured, commonly used and machine-readable format the personal data provided to the DATA CONTROLLER and to transmit them to another controller, in the cases provided for by the GDPR;
6. right of opposition (Article 21 GDPR): the right to object, at any time and for reasons connected to the particular situation of the User, to the processing of the personal data carried out on the basis of the legitimate interest of the DATA CONTROLLER or of third parties;
7. right not to be subject to automated decision-making processes (Article 22 GDPR): the right not to be subjected to decisions based solely on automated processing, including profiling, which produce legal effects or which significantly affect the person of the User, in the cases provided for by the GDPR;
8. right of revocation of the consent (Article 7, paragraph 3, GDPR): the right to revoke at any time the consent given to the processing of the personal data, without prejudice to the lawfulness of the processing performed before such revocation.

The User also has the right to lodge a complaint with the competent supervisory authority (Italian Data Protection Authority), pursuant to Article 77 of Regulation (EU) 2016/679 (GDPR), where they deem that the processing of their own personal data is in violation of the GDPR. The Italian Data Protection Authority may be contacted at the addresses [email protected] and [email protected].

The User also has the right to:

1. bring an effective judicial remedy against a legally binding decision of the supervisory authority concerning them (Article 78 GDPR);
2. bring an effective judicial remedy against the DATA CONTROLLER or the Data Processor (Article 79 GDPR);
3. obtain compensation for the damages eventually suffered as a consequence of a violation of the GDPR (Article 82 GDPR).

The User may exercise their own rights through communication to the HOLDER at the addresses indicated in Article 1 of the TERMS, in particular at the address [email protected].

The DATA CONTROLLER responds to the requests of the User within one month from the receipt of the request, extendable by a further two months in case of complexity or high number of requests, in compliance with Article 12 of Regulation (EU) 2016/679 (GDPR). The exercise of the rights of the User is free of charge for the information and the communications referred to in Articles 15 to 22 and Article 34 of the GDPR; only in the case of manifestly unfounded or excessive requests, in particular for their repetitive nature, the DATA CONTROLLER may charge a reasonable contribution of expenses or refuse to satisfy the request, without prejudice to the protection of the rights and freedoms of others.

Article 14. MODALITIES OF THE PROCESSING

The DATA CONTROLLER performs the processing of the personal data of the User in compliance with the principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality, and accountability, referred to in Article 5 of Regulation (EU) 2016/679 (GDPR).

The DATA CONTROLLER adopts technical and organisational measures adequate to guarantee a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, the nature, the scope, the context and the purposes of the processing, as well as the risk of varying probability and severity for the rights and freedoms of natural persons, including the ability to ensure on a permanent basis the confidentiality, the integrity, the availability and the resilience of the processing systems and services, in compliance with Article 32 of Regulation (EU) 2016/679 (GDPR).

The DATA CONTROLLER adopts, in particular, the following technical and organisational measures:

1. encryption of the data in transit (TLS 1.2 and higher) and at rest, where applicable;
2. control of the accesses to the data through authentication systems and access logs;
3. authentication through SMS for the access of the User to CHECK&LOVE, in accordance with the modalities provided for in Article 7 of the TERMS;
4. multi-factor authentication for the administrative accesses of the personnel of the HOLDER;
5. backup and disaster recovery procedures;
6. secure software development and vulnerability testing policies;
7. training of the personnel on the protection of personal data and security of information;
8. periodic audits on the systems and on the processing procedures;
9. encryption of the messages exchanged through the Chat and irreversible Deletion of the entire history of the Chat upon the cessation of the Love between two Users.

The DATA CONTROLLER avails itself, for the provision of the services of CHECK&LOVE, of the following external technical suppliers, designated as Data Processors pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR):

1. Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland), which provides, through the Firebase platform, the following technical services: verification of the phone number of the User and sending of the OTP code via SMS through Firebase Authentication; private messaging service Check&Love Chat through Firebase Realtime Database; sending of push notifications to the device of the User through Firebase Cloud Messaging; the conditions of processing are governed by the privacy policy available at the address https://policies.google.com/privacy and by the Firebase terms of service available at the address https://firebase.google.com/terms;
2. Cloudflare, Inc. (101 Townsend Street, San Francisco, CA 94107, USA), which provides services of computer security (application firewall, protection from DDoS attacks, mitigation of malicious traffic) and Content Delivery Network in protection of the technical infrastructure of CHECK&LOVE; the conditions of processing are governed by the privacy policy available at the address https://www.cloudflare.com/privacypolicy/;
3. Apple Inc. (One Apple Park Way, Cupertino, CA 95014, USA), which provides, through the App Store platform, the service of distribution of the Check&Love mobile application and of management of the In-app Purchases for iOS devices, in accordance with the modalities provided for in Article 13 of the TERMS; the conditions of processing are governed by the privacy policy available at the address https://www.apple.com/legal/privacy/en-ww/;
4. Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA), which provides, through the Google Play platform, the service of distribution of the Check&Love mobile application and of management of the In-app Purchases for Android devices, in accordance with the modalities provided for in Article 13 of the TERMS; the conditions of processing are governed by the privacy policy available at the address https://policies.google.com/privacy;
5. Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland), which provides, through Google Maps Platform, the services of cartographic display and of search of the street addresses (geocoding) on the map of Events of CHECK&LOVE; the service entails the transmission to Google Ireland Limited of the text of the address typed by the User in the search function, for the sole purpose of returning the corresponding geographic coordinates; the conditions of processing are governed by the privacy policy available at the address https://policies.google.com/privacy;
6. further suppliers of hosting, email and development tools, duly bound through acts of appointment as Data Processors pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR).

The DATA CONTROLLER ensures that all the designated Data Processors offer sufficient guarantees to implement adequate technical and organisational measures so that the processing satisfies the requirements of the GDPR and guarantees the protection of the rights of the data subject.

Article 15. MODIFICATIONS TO THE PRIVACY POLICY

The DATA CONTROLLER reserves the right to modify and update the Privacy Policy at any time, in particular for reasons of regulatory adjustment, technical and organisational evolution, or improvement of the services of CHECK&LOVE.

The modifications to the Privacy Policy are notified to the User in accordance with the procedures provided for in Article 6 of the TERMS, with reasonable notice with respect to their entry into force, and with reference to the new version of the Privacy Policy freely consultable at the address www.checkandlove.com.

The continuation of the access to and use of CHECK&LOVE and of the services provided for and governed by the AGREEMENT, after the receipt of the notification of modification of the Privacy Policy, constitutes tacit acceptance of the modifications made. The User who does not intend to accept the modifications has the right, at any time, to proceed with the Deletion of their own Account in accordance with the modalities provided for in the AGREEMENT.

The DATA CONTROLLER undertakes to guarantee, also in case of modification of the Privacy Policy, the protection of the personal data of the User in compliance with Regulation (EU) 2016/679 (GDPR) and with the applicable PROVISIONS AND LAWS, and to retain the personal data already collected in compliance with the principles referred to in the present Privacy Policy and with the data retention obligations referred to in Article 11 of the PRIVACY POLICY and in the PROVISIONS AND LAWS.

The present Privacy Policy is in force from the date indicated in Article 1 of the TERMS and replaces any previous version.

The present Privacy Policy may be freely consulted by the User at the address www.checkandlove.com at any time.

Article 1. SCOPE OF APPLICATION OF THE COOKIE POLICY

The User acknowledges and unconditionally accepts that the present Cookie Policy applies exclusively to the institutional website of CHECK&LOVE, accessible at the address www.checkandlove.com, and not to the Check&Love mobile application, which avails itself of the mobile tracking technologies described in Article 8 of the PRIVACY POLICY.

Cookies are small text files that are stored on the device of the User (computer, tablet, smartphone) by websites and web applications during navigation. They allow the recognition of the User in the subsequent navigation sessions and are aimed at facilitating the use of the website, at optimising the navigation experience and at guaranteeing all the security requirements relating to the access and the correct use.

More specifically, a cookie is a small text string sent by a web server to a web client (the navigation browser of the User) and subsequently sent back by the client to the server, without alterations, each time the same client accesses the same portion of the same web domain.

Cookies may be classified, by reason of their nature and purpose, into:

1. technical cookies: necessary for the correct functioning of the website, guaranteeing the authentication, the security, the transmission of the forms and the basic functions of the user experience. They do not require the consent of the User pursuant to Article 122 of Italian Legislative Decree no. 196 of 30 June 2003;
2. profiling cookies: aimed at creating profiles of the User in order to send advertising messages in line with the preferences expressed during navigation. They require the prior and informed consent of the User;
3. third-party cookies: installed by domains different from that of the visited website, for purposes of analytics, profiling or marketing. They require the prior and informed consent of the User, without prejudice to the technical third-party cookies necessary for the functioning of the service.

The regulation of cookies is contained in Article 122 of Italian Legislative Decree no. 196 of 30 June 2003 (Privacy Code), in the Guidelines of the Italian Data Protection Authority of 10 June 2021 on cookies and other tracking tools (published in the Official Gazette no. 163 of 9 July 2021), and in Regulation (EU) 2016/679 (GDPR) as applicable to the processing of the personal data eventually collected through cookies.

Article 2. MODALITIES OF USE OF THE COOKIES BY THE HOLDER

The HOLDER uses exclusively technical cookies on the institutional website www.checkandlove.com, indispensable to guarantee all the security requirements and the correct modalities of access and use of the institutional website.

The HOLDER uses and retains technical third-party cookies of Cloudflare Inc., to which the HOLDER has entrusted the services of network security and content delivery network (CDN) of the institutional website. The cookies of Cloudflare used by the HOLDER are essential to guarantee all the security requirements for the access and the use of the institutional website, to prevent attacks (such as, by way of example, the neutralisation of malicious bots that attempt to perform repetitive automated operations) and to optimise the distribution of the contents of the website.

The HOLDER does not use, in any way and at no moment, profiling cookies, advertising cookies, analytics cookies for marketing purposes or behavioural tracking cookies. The institutional website www.checkandlove.com is and remains free from advertising and from purposes of monetisation of external contents.

Given that the HOLDER uses exclusively technical cookies, the prior consent of the User is not required pursuant to Article 122 of Italian Legislative Decree no. 196 of 30 June 2003, as clarified by the Guidelines of the Italian Data Protection Authority of 10 June 2021 on cookies and other tracking tools. The information on cookies is provided for purely informative purposes.

Article 3. ACCESS TO THIRD-PARTY COOKIES

With reference to the technical third-party cookies used on the institutional website www.checkandlove.com, the User may consult the relevant information notice of Cloudflare Inc. (network, security and CDN service) at the address https://developers.cloudflare.com/fundamentals/reference/policies-compliances/cloudflare-cookies/.

With reference to the cookies of non-technical third-party websites or web applications (such as, by way of example, social networks, video services, maps, advertising), the User is invited to consult the privacy policies and the cookie policies of the respective providers.

The User acknowledges and unconditionally accepts that the access to third-party websites or web applications occurs under the exclusive responsibility of the User, who is required to evaluate in advance the respective privacy and cookie information notices.

The HOLDER may, by way of example but not limited to, allow the access from the institutional website www.checkandlove.com to:

1. social platforms (Facebook, X, Instagram, YouTube, LinkedIn, Qzone, WhatsApp, WeChat, TikTok), solely for the purpose of access to the institutional profiles of Check&Love S.r.l. on such platforms;
2. the online marketplaces Apple’s App Store and Google Play, for the purpose of the download of the Check&Love mobile application.

The HOLDER is not responsible for the cookies installed by the aforesaid third-party websites or web applications during the navigation of the User outside the institutional website www.checkandlove.com.

Article 4. MODALITIES OF MANAGEMENT OF THE COOKIES IN THE BROWSERS

The User has the right to manage the technical cookies stored on their own device through the dedicated functionalities of the browser used. The procedures of management vary depending on the browser used. The User may consult the official documentation of the browser at the following addresses:

1. Google Chrome: https://support.google.com/chrome/answer/95647;
2. Mozilla Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer;
3. Apple Safari: https://support.apple.com/guide/safari/sfri11471/mac;
4. Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09;
5. Opera: https://help.opera.com/en/latest/web-preferences/;
6. Brave: https://brave.com/privacy-features/;
7. Samsung Internet: https://www.samsung.com/global/galaxy/apps/samsung-internet/.

For the browsers not expressly mentioned in the list above, the User is invited to consult the official documentation of the browser used, or to contact the producer of the browser, in order to obtain specific indications on the management of the cookies.

The User acknowledges and unconditionally accepts that the disabling, the modification or the Deletion of the technical cookies may compromise the correct functioning of the institutional website www.checkandlove.com. The HOLDER recommends to keep the technical cookies enabled for an optimal navigation experience.

Article 5. MODIFICATIONS TO THE COOKIE POLICY

The HOLDER reserves the right to make modifications and updates to the present Cookie Policy at any time, in particular in case of modifications of the cookies used, of the third-party suppliers or of the applicable laws.

The modifications to the Cookie Policy are notified to the User in accordance with the modalities provided for the modifications to the Privacy Policy referred to in Article 15 of the PRIVACY POLICY.

The present Cookie Policy is in force from the date indicated in Article 1 of the TERMS and replaces any previous version.

The present Cookie Policy may be freely consulted by the User at the address www.checkandlove.com at any time.

The present Cookie Policy is essential and integral part of the AGREEMENT and integrates all the rules, provisions, conditions, regulations, rights and obligations relating to the User.