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. Ongoing Event: the Event published and available at the current date, to which the User is allowed to register and, once the Check&Love Bluetooth Network of the Event has been started by the Administrator, to participate and put a Check in accordance with the modalities provided for in the AGREEMENT.
2. Programmed Event: the Event published whose availability is fixed at a future date, and to which the Members may participate starting from the date of beginning indicated by the Administrator.
3. Expiring Event: the Event that, starting from midnight of the day following the date of conclusion fixed by the Administrator, automatically enters into the state of expiry and remains therein for 3 (three) days. The User acknowledges and unconditionally accepts that, during the state of Expiring 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 Expiring Event, the Event may not be put online and the Administrator may not start the Check&Love Bluetooth Network. 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.
4. 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 knowingly and voluntarily activating the command “Put the Check” available in the modal bottom sheet 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 eventual determination of a Love following reciprocal Check, sees exclusively the name of the contact as saved in the cell phone address book of the User. At any time the User may revoke the Check on the contact of the address book by knowingly and voluntarily activating the command “Delete the Check”, available in the same modal bottom sheet.

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 Administrator’s visibility in any list accessible to other Users, and in particular does not determine the Administrator’s visibility 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 puts the Event online by starting the Check&Love Bluetooth Network of the Event and themselves enters such Network, and limited to the Members who are with the Administrator physically present at the Event and connected to the same Network.
2. The Administrator, in order to allow the participation of the Members in the Event, must put the Event online by starting the Check&Love Bluetooth Network of the Event, and has the right, at any time, to put it offline; when the Event is offline, 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 the Administrator’s device.
3. The Administrator, exclusively at the moment of putting the Event online, 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 modal bottom sheet of confirmation of putting the Event online, the Administrator is informed of the possibility to activate the “Absent” mode and has the dedicated command to do so. The “Absent” mode entails the following consequences:
   1. the Administrator is not visible as Encountered Member currently present in the list of Encountered Members of the other Members, even after the start 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 the Administrator’s own list of Encountered Members;
   3. the Administrator continues to see the Members encountered previously in the Administrator’s own list of Encountered Members and is in turn visible in the list of Encountered Members of the other Members, as Member encountered previously.
   The Administrator, where intending to modify the choice made at the moment of putting the Event online, must put the Event offline, put it back online and operate again the choice as to 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 encountered at the Event through the Check&Love Bluetooth Network of the Event, on whom the Administrator has the right to put a Check in accordance with the same rules provided for the Members, and which flow, once the Check has been put, into the Administrator’s list of Checks pursuant to 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 them, in accordance with the modalities provided for in Article 10 of the TERMS; from such list the Administrator does not have in any way the right to put Checks, given that the Check may be put exclusively on the Members actually encountered through the Check&Love Bluetooth Network of the Event;
   3. the list of Members of all Events created by the Administrator, containing the aggregate list of 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 have in any way the right to put Checks, given that the Check may be put exclusively on the Members actually 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 previous point 1; however, the behaviour of the Administrator may be subject to Report to the staff of the HOLDER by the Members of the Event and, where it should prove inappropriate or disrespectful, the Administrator’s access is suspended in accordance with the modalities provided for in Article 10 of the TERMS.
6. By publishing an Event, the Administrator guarantees to hold the complete ownership for the use of the name and of the identifying 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, identifying images of the Event (photo, logo or icons), place, duration (date of beginning and date of end) and start time of the Check&Love Bluetooth Network.
8. Upon reaching the date of conclusion fixed by the Administrator, the Event enters the state of Expiring 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 put the Event online, nor to start the Check&Love Bluetooth Network; 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 put the Event online directly from macOS computer and Android tablet, without using the User’s 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 the 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, mandatorily in the case of confidential Event, optionally in the case of public Event. The User acknowledges and unconditionally accepts that the registration to the Event, in itself, does not determine the User’s visibility in any list accessible to other Members, and in particular does not determine the User’s visibility 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 specifically in the list of Members of the Event for the purposes of Suspension and Readmission, and in the list of Members of all Events created by the Administrator for the purposes of any 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 put the Event online by starting 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 the Member’s 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, in accordance with 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 “Join” and not to enter the Check&Love Bluetooth Network of the Event;
   2. to participate in the Event by clicking on the command “Join” and entering the Check&Love Bluetooth Network of the Event, and subsequently to exit from 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 to put a Check exclusively on the Encountered Members pursuant to the previous 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 in the same time interval. The Member does not have in any way the right to put a Check on other Members of the Event who have not qualified as Encountered Members pursuant to the previous 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 knowingly and voluntarily activate the command “Put the Check”. At any time the User has the right to revoke the Check by knowingly and voluntarily activating the command “Delete the Check”, available in the same Profile.
5. All Checks put by the Member are always anonymous and the identity of the Member who has put the Check remains always hidden from the recipients of the Check.
6. Only at the moment when two Members enter into Love, the reciprocal Check put by the other is disclosed to each, and no Check put by the Member on other Members which has not translated into Love is disclosed.
7. 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 the Bluetooth icon of green colour, in order to allow the User to distinguish them from Members encountered previously.
8. Upon reaching the date of conclusion fixed by the Administrator, the Event enters the state of Expiring 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 Nearby Users met through the Check&Love Bluetooth Network, outside the context of Events:

1. The User acknowledges and unconditionally accepts that, in the settings of the User’s Account, the “Nearby Users” functionality is available, freely activatable and deactivatable by the User; when such functionality is deactivated, the User’s Profile is not visible to the Nearby Users met through the Check&Love Bluetooth Network, even where the Bluetooth is activated on the User’s device, the User themselves does not in turn see the Profiles of the other Nearby Users, and no Check may be put nor received by the User from or towards other Nearby Users.
2. The User has the right to put a Check on a Nearby User encountered, on the condition of having activated the Bluetooth on the User’s device and on the condition that the “Nearby Users” functionality 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 knowingly and voluntarily activate the command “Put the Check”. At any time the User has the right to revoke the Check by knowingly and voluntarily activating the command “Delete the Check”, available in the same Profile.
3. All Checks put by the User are always anonymous and the User’s identity remains always hidden from the other Nearby Users.
4. Only at the moment when two Nearby Users enter into Love, the reciprocal Check put by the other is disclosed to each, and no Check put by the User on other Nearby Users which 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 the Bluetooth icon of green colour, 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.

Graphic symbology of the Bluetooth in the app

The User acknowledges and unconditionally accepts that CHECK&LOVE adopts a uniform graphic symbology, based on three distinct chromatic representations of the Bluetooth icon, in order to render immediately understandable the operational states of the Events, of the Encountered Members and of the encountered Nearby Users:

1. Bluetooth icon of yellow colour: indicates that the Event is in Online mode, 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. Bluetooth icon of red colour: indicates that the Event is in Offline mode, that is, that the Check&Love Bluetooth Network of the Event is not active and the Members may not participate; such icon occurs during the states of Programmed Event, Expiring Event, Suspended Event, as well as during the state of Ongoing Event before the start of the Check&Love Bluetooth Network or after its deactivation by the Administrator;
3. Bluetooth icon of green colour: indicates, 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 Members and Nearby Users encountered previously.

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

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

Article 2. PURPOSE 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 allowed 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 allowed only and exclusively in compliance with the PROVISIONS AND LAWS.

The HOLDER is the exclusive owner 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 concerning CHECK&LOVE, the HOLDER or 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 way the HOLDER deems appropriate, without any obligation towards the User and any of its 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 thereto, 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 pursuant to the PROVISIONS AND LAWS.

The clauses of the AGREEMENT relating to intellectual property, to the Worldwide Licences, to the limitations of liability, to data protection, to the conservation and processing of personal data subsequent to the termination of the AGREEMENT, and to 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 linguistic 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 to facilitate the understanding of the AGREEMENT and does not constitute an official version thereof.

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

Article 4. ACCEPTANCE OF THE AGREEMENT

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 age and identity at the moment of registration. The User acknowledges and unconditionally accepts that any false declaration regarding their 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 hold harmless and indemnify 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 take any legal action to protect its own interests and reputation in case of false declarations.

The acceptance of the AGREEMENT by the User constitutes the legal basis for the processing of the User’s personal data 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 the 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 the HOLDER, pursuant to Article 20 of Italian Law no. 633 of 22 April 1941 (Italian Copyright Law) and Article 22-bis of the same legislative text, and in compliance with the PROVISIONS AND LAWS, a worldwide, non-exclusive, free, 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, render visible and consultable to the public, as well as to perform on the USER CONTENT all the technical manipulations and optimisations necessary to ensure the proper use of CHECK&LOVE on all 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 Android tablets used by the Check&Love network application; the compression and reduction of the weight of files in order to optimise their transmission and visualisation on mobile devices; the creation of derivative files and multiple versions of the same content at different resolutions, qualities or bitrates; the automatic extraction of technical metadata; within the limits provided for in 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 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 User’s Account, limited to the USER CONTENT shared with other Users and to the USER CONTENT subject to conservation obligations provided for by the PROVISIONS AND LAWS;
   5. includes the right of the HOLDER to perform, automatically and without need for further consent of the User, all technical manipulations and optimisations necessary to ensure the proper use of the USER CONTENT on all supported devices, without prejudice to the integrity of the original expressive content, the respect for the User’s will regarding publication and the non-alteration of the meaning and substance of the USER CONTENT.
2. Worldwide Licence granted by the HOLDER to the User

   The HOLDER grants the User, in compliance with the PROVISIONS AND LAWS, a worldwide, non-exclusive, free, 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 integral 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 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 TO 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 adaptation, 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 Terms, Privacy and Cookies”, communicated to the User within CHECK&LOVE, with reasonable notice prior 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 “Update of Terms, Privacy and Cookies” notification, 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 the User’s 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 the User’s Account, through the dedicated functionalities of CHECK&LOVE or through communication to the HOLDER at the addresses indicated in Article 1 of the TERMS.

In all such 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 prior to the date of cessation, in order to allow the Users to download and conserve 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 data protection, to the conservation and processing of personal data subsequent to the termination of the AGREEMENT, and to 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 subject 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.

The User acknowledges and unconditionally accepts that, in the User’s Profile, the option to display the User’s age (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 are not in any way visible to the contacts of the User’s cell phone address book, nor to the Users who have not connected to the Check&Love Bluetooth Network neither as Nearby Users nor 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 between the two a Love is determined, as a consequence of reciprocal Check, and it is only at that moment that both discover to be 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 every subsequent access, takes place 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, after the expiry of which it is automatically invalidated.

The User acknowledges and unconditionally accepts that authentication through the phone number and the OTP code received via SMS is mandatory and constitutes a necessary condition for the registration, access and 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 access to CHECK&LOVE take place exclusively through the insertion of the phone number and of the OTP code received via SMS, in accordance with the modalities described in the previous paragraphs. The registration or login through credentials of third-party providers or social platforms is in no case allowed, 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 User’s credentials with third parties.

The User acknowledges and unconditionally accepts that the Account is personal and non-transferable, and that the phone number registered to CHECK&LOVE is reserved 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 the HOLDER, in order to provide the SMS authentication services, makes use 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, sending and verification of the OTP codes sent via SMS to the User’s registered phone number.

The User acknowledges and unconditionally accepts that the phone number registered to CHECK&LOVE is not visible to other Users, except in the case in which two Users are in Love and the disclosure of the respective identifying data, according to the modalities chosen by each User and provided for in the AGREEMENT, takes place 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 log out from the Account through the dedicated functionality, with the consequence that every 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 Check on the contacts of the cell phone address book

The Check on Nearby Users

The Check on the Encountered Members at the Events

The Love

The list of Checks and the list of Loves

The User acknowledges and unconditionally accepts that the list of Checks and the list of Loves of the User are accessible exclusively to the User themselves and are not in any 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 cancellation of an Event, whether arising from the natural expiry of the Event pursuant to Article 1 of the TERMS or whether ordered by the staff of the HOLDER following the examination of a Report, the descriptive data of the Event, including name, description, identifying images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), start time 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 data, are irreversibly deleted, whereas the Profiles and the names present in the list of Checks and in the list of Loves of the User, even where generated as a result of participation in the cancelled 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

Third-party technical services

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 safeguards pursuant to Articles 44 and following 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 third-party technical services listed above, which are attributable to factors external to the sphere of control of the HOLDER themselves, without prejudice to the obligations of the HOLDER to select suppliers offering sufficient guarantees pursuant to Article 28, paragraph 1, of Regulation (EU) 2016/679 (GDPR).

The Events

Geolocation and Bluetooth: scope and limitations

Article 9. ROLES IN THE EVENTS

The Readmitted User, where the User was Administrator of one or more Events at the moment of the Suspension of the access, has the burden to request 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 for the proper performance of the Event and for the verification of the suitability of the descriptive data of the Event, including name, description, identifying images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), start time of the Check&Love Bluetooth Network and any image associated with the Event, in compliance with the AGREEMENT, with the Ethical Code and with the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the Administrator has the right, without obligation of motivation, to suspend and to readmit autonomously 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 readmit autonomously 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, in accordance with the modalities provided for in Article 10 of the TERMS, remains firm.

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 to 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 the Report instrument 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

Event Report

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 submission 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 any clarification requests connected with 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 registration on CHECK&LOVE. The reporting User acknowledges and unconditionally accepts that the HOLDER is not obliged to any feedback communication regarding the outcome of the examination of the Report.

Requests of Readmission

The staff of the HOLDER examines the requests of Readmission promptly 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 in detail governed by 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 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 identifying images of the Event (photo, logo or icons).

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 promptly 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 the mandatory 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 event that the “Other” category is selected, the registration of a specific and detailed textual description is also required. The motivation remains visible in the User’s or Event’s sheet of the back-office panel for the entire duration of the Suspension and, in case of Deletion, is retained together with the identifying data for the periods provided for in Article 11 of the PRIVACY POLICY.

The User acknowledges and unconditionally accepts that, since the Suspension by the Administrator is limited to the single Event in which the inappropriate behaviour took place, the request of Readmission produces practical effect exclusively within the duration of the Event itself. Where the staff of the HOLDER is not in a position to examine the request of Readmission within the duration of the Event, the request becomes materially ineffective. The HOLDER may in any case take into account the elements emerging from the request of Readmission for the purposes of the overall assessment 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.

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 holds the HOLDER harmless 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 instrument, 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 User’s Account, 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 technical and routine automatic operations of optimisation for the proper use of the USER CONTENT on supported devices, including the transcoding into formats compatible with the Apple iOS, Google Android and Apple macOS operating systems, the compression of 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 to have 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 conservation 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. THE RIGHTS OF THE HOLDER

The HOLDER is the exclusive holder of all 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 prior 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 of Article 6 of the TERMS.

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 conserve the USER CONTENT, the data of the Account and the data of the activity of the Account for a period of 10 (ten) years following the Deletion of the Account, in compliance with Article 2946 of the Italian Civil Code (ordinary ten-year statute of limitations) and with Article 22 of Italian Presidential Decree no. 600 of 29 September 1973 (conservation of accounting records), without prejudice to longer conservation 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 make use 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 SMS authentication, Chat messaging, push notifications and management of the technical errors of the application services, 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 network security and content delivery network (CDN) services 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 application distribution and management of in-app purchases services. 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.

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 to one of the available plans, 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, 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 with 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 subscription plans, the corresponding paid functionalities, the prices and the access conditions, in compliance with the AGREEMENT and with the PROVISIONS AND LAWS, with notice of not less than 7 (seven) days prior 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 with 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 the User’s Account without charges and without consequences.

Article 15. DIGITAL SERVICES ACT COMPLIANCE

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

Notice and action mechanism

Any User or third party may report to the HOLDER the presence of information deemed to be unlawful 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 instrument 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 promptly 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 decisions

Where the HOLDER adopts a decision to suspend or cease the provision of the service, the HOLDER communicates such decision to all 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 the 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 solely for evidentiary purposes and for the 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 from 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 timely, non-discriminatory, diligent and non-arbitrary manner.

Out-of-court dispute settlement

Without prejudice to the right to bring proceedings before the judicial authority, the Users have the right to address themselves to an out-of-court dispute settlement body certified pursuant to Article 21 of the Digital Services Act for the settlement of 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 Users who frequently provide manifestly unlawful content, 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 to ensure 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 Users below the minimum age requirements provided for in the AGREEMENT.

Article 16. JURISDICTION AND APPLICABLE LAW TO THE AGREEMENT

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

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

The User has the right to make use of the alternative dispute resolution (ADR) procedures 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.

Special categories of data pursuant to Article 9 of the GDPR: the User may, in the context of the use of CHECK&LOVE, freely provide data falling within the special categories referred to in Article 9, paragraph 1, of Regulation (EU) 2016/679 (GDPR), in particular through the About me text, the User photo, the Cover photos, the descriptive data of the Events created, including name, description, identifying images of the Event (photo, logo or icons), place, duration (date of beginning and date of end), start time of the Check&Love Bluetooth Network and any image associated with the Event, or the messages exchanged through the Chat. The processing of such data takes place exclusively with the express consent of the User pursuant to Article 9, paragraph 2, letter a), of the GDPR, in accordance with the modalities provided for in Article 4 of the PRIVACY POLICY.

Article 2. PURPOSE OF THE PROCESSING

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

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

The processing of such special categories of data takes place 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 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 prior to such revocation and to the conservation obligations provided for by the PROVISIONS AND LAWS.

Article 5. INTERNATIONAL DATA TRANSFERS

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 the User’s 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, where it does, 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 not in any 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.

Article 7. BLUETOOTH AND GPS GEOLOCATION DATA

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

The Check&Love Bluetooth Network

GPS geolocation

Article 8. MOBILE TRACKING TECHNOLOGIES

The User acknowledges and unconditionally accepts that CHECK&LOVE does not use, in any way and at any moment, profiling SDKs, advertising SDKs, analytics SDKs 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 (ARTICLE 22 GDPR)

The User acknowledges and unconditionally accepts that the services provided on CHECK&LOVE do not involve processing based solely on automated decision-making, including profiling, which produces legal effects on the User or which similarly significantly affects the person of the User, pursuant to Article 22 of Regulation (EU) 2016/679 (GDPR). All 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, the putting of 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 involve 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, scope, context and 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 User’s address book, to the processing of the special categories of data referred to in Article 9 of the GDPR possibly provided by the User and to the processing of the data of the In-app purchases.

Article 11. DATA RETENTION PERIODS

Article 12. DATA BREACH NOTIFICATION

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 - Garante per la Protezione dei Dati Personali) 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 to 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 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 also the right to lodge a complaint with the competent supervisory authority (Italian Data Protection Authority - Garante per la Protezione dei Dati Personali), pursuant to Article 77 of Regulation (EU) 2016/679 (GDPR), where the User considers that the processing of their 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 may exercise their 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 User’s requests within one month of receipt of the request, extendable by a further two months in case of complexity or large 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 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 due to their repetitive nature, the DATA CONTROLLER may charge a reasonable contribution to expenses or refuse to comply with the request, without prejudice to the protection of the rights and freedoms of others.

Article 14. PROCESSING METHODS

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 adequate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, the nature, scope, context and 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, integrity, availability and resilience of the processing systems and services, in compliance with Article 32 of Regulation (EU) 2016/679 (GDPR).

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

Article 15. CHANGES 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 adaptation, 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 prior 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 the User’s Account in accordance with the modalities provided for in the AGREEMENT.

The DATA CONTROLLER undertakes to ensure, 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 conservation obligations referred to in Article 11 of the PRIVACY POLICY and to 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 makes use 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 the websites and the web applications during navigation. They allow the recognition of the User in subsequent navigation sessions and are aimed at facilitating the use of the website, optimising the navigation experience and ensuring all the security requirements relating to access and proper 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 then sent back from the client to the server, without alterations, every time that the same client accesses the same portion of the same web domain.

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

Article 2. MODALITIES OF USE OF COOKIES BY THE HOLDER

The HOLDER uses exclusively technical cookies on the institutional website www.checkandlove.com, indispensable to ensure all the security requirements and the proper modalities of access to 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 network security and content delivery network (CDN) services of the institutional website. The Cloudflare cookies used by the HOLDER are essential to ensure all the security requirements for the access to and use of the institutional website, to prevent attacks (such as, by way of example, the neutralisation of malicious bots which 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 any 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 notice 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 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 cookie policies of the respective providers.

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

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

Article 4. MODALITIES OF MANAGEMENT OF COOKIES IN BROWSERS

For 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 cookies.

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

Article 5. CHANGES 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 is freely consultable 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.