Terms of Service

1. Background
1. Electe S.r.l., headquartered at Via Montenapoleone 8, 20121, Milan, VAT No.: 11364640968 (hereinafter "Electe"), is the owner and operates the Electe.net platform, accessible from the website www.electe.net.
2. The platform provides a commercial analysis service.
3. These Terms of Service set forth the terms and conditions of use of the site (hereinafter, "Site") and platform accessible at "www.electe.net" (hereinafter, "Platform") of Electe.
2. Definitions
1. Account: set of features, tools and content attributed to a particular user who, in turn, belongs to a particular business organization.
2. Company Customer: the legal entity that acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or an intermediary of the same, intends to use the Services offered and accessible through the Site www.electe.net;
3. Platform: the set of Services accessible through the www.electe.net
4. Digital advertising (or digital advertising): means the marketing activity carried out through online channels, such as web, streaming content.
5. Registration: means the process of registration and creation of the User's Account;
6. Services/Service: the functions and services usable through https://www.electe.net/, aimed at enabling the Client Company to develop and implement initiatives in the field of Digital Advertising;
7. Site: means www.electe.net.
8. User: the person who makes use of the Site and its Services.
9. Registered User: the contact person of the Client Company, indicated during Registration, who makes use of the Site and its Services through the use of a restricted area.
3. General Provisions.
1. The User may send any communication to the Platform using the contact details in the appropriate section.
2. The User may arrange a virtual meeting with Electe, via the appropriate section of the site.
3. Should any of the provisions of these Terms of Service (hereinafter "ToS") be null, unenforceable or illegal due to a law, regulation or as a result of a judicial decision, this would in no way affect the validity, and relative enforceability, of the other clauses and will therefore in no way exempt the User from his obligations.
4. Acceptance and modification of the Terms of Service
1. Use of the Site and its Services implies the prior acceptance, express and without reservation, of these ToS by the User.
2. Electe reserves the right to refuse, at any time, unilaterally and without any obligation of prior notification, access to the Site to those Users who do not comply with these ToS.
3. The User acknowledges and agrees that the ToS may be modified at any time by Electe.
4. Any changes will be made in order to adapt to possible additions and/or evolutionary changes to its Services, from regulatory, jurisprudential, editorial and/or technical innovations in general.
5. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Users are therefore required to consult, before carrying out any activity, the most up-to-date version of these ToS, which they are advised to file.
6. The ToS applicable to the User are those available online on the Site at the time of the User's browsing and eventual Account registration.
5. Access to the Site.
1. The Site is made accessible free of charge to all Users with an Internet connection via the address: www.electe.net.
2. Any software, material essential to the operation and use of the Site Services, as well as the Internet connection, are the responsibility of the User.
3. The User is solely responsible for the operation of his/her own computer resources and Internet connection.
4. The User may: register, access, consult and use the Site Services.
5. The User is responsible for any activity conducted, through his/her Account (Registered User), including by minors or incapacitated persons.
6. The Registered User must protect his/her password; indeed, it is important to keep his/her Account credentials secure.
7. If you share an Account with other persons, the person whose financial information is associated with the Account will ultimately be held responsible for all activities conducted through the same Account. In addition, Accounts are not transferable.
3. Scope of services and functionality of the platform
1. Through the Platform, Electe offers business analysis, reporting and monitoring Services.
2. These Services are based on the use of proprietary software, which enables the analysis of certain aspects related to the business trends and strategies of the Client Company's enterprise or organization, examining the performance of marketing campaigns, sales and transactions referable to it with the processing of information obtainable from Datasets.
3. The Platform may include hyperlinks to content (such as, for example, websites, applications and online services) operated by third parties.
4. Electe does not exercise any control over the external content accessible through links and therefore disclaims any liability for any direct or indirect harm, however arising to the User from access to and/or use of content and/or services provided by third parties, reached through hyperlinks that may be present on the Platform.
4. Conditions for access to the Service.
1. In order to access the Service, the User must proceed with the registration of an Account by providing information regarding the Client Company.
2. In fact, the User must provide, in order to complete the registration, information on the nature of the Client Company on whose behalf it interacts with the Platform Services (company name, type of business and industry, etc.).
3. In order to complete the creation of the Account, at the "on-boarding" stage, and make use of the Platform Services, the User is required to indicate additional information to that already provided.
4. The User assumes responsibility for keeping this information current and acknowledges that failure to do so may adversely affect Electe's ability to provide the Services to the User.
5. The User warrants to Electe that he/she has the express and specific authorization of the Client Company indicated by him/her in the registration process on the Platform and, therefore, that he/she is authorized or otherwise entitled to provide all the information requested in the on-boarding phase.
5. Limitations
1. Except in cases of willful misconduct or gross negligence, Electe is in no way liable to the User or the Client Company for any direct or indirect damages that may be caused to them as a result of the use of the Services made available on the Site or the Platform.
2. Electe cannot under any circumstances be held liable for the information entered by the User on the Site or Platform or for the data contained in the Datasets made available to Electe by the User, nor for insight data made available as a result of the use of the Services.
6. Access to company data and processing of personal data
1. Electe states that it accesses, stores and processes the data entered by the User in order to provide the Services requested. This data is retained for as long as necessary to provide the Services and may subsequently be aggregated, stored and processed for statistical analysis purposes.
2. The processing of personal data communicated by the User is carried out exclusively for purposes related to the provision of the requested Services and the fulfillment of the resulting legal and contractual obligations.
3. Personal data are processed by observing the appropriate technical and organizational measures, in accordance with Regulation 2016/679/EU (General Data Protection Regulation), due to the processing carried out, guarantee the confidentiality and privacy of the data.
4. Electe declares that it has duly completed - within its organization - all formalities and fulfilled all obligations under Italian and European data protection regulations.
5. Further information is available in the Privacy Policy.
7. Confidentiality
1. In the performance of the Services described in these ToS, or in dealing with the User or for communications relating to the provision of the Platform Services, Electe may have access to Confidential Information from the User.
2. Electe undertakes, without limitation, to maintain and cause its employees and contractors to maintain strict confidentiality regarding any information concerning the User's business and trade secrets of which it becomes aware through the Platform.
3. Electe shall take all security measures it deems necessary to prevent the negligent or intentional disclosure of User's Confidential Information to third parties.
4. The User's Confidential Information acquired through the Platform may be disclosed to consultants, auditors and other trusted appointees formally designated in writing. To this end, Electe undertakes to acquire from the parties to whom the information is disclosed, similar commitment to confidentiality.
5. Only information that is in the public domain, or whose communication has been authorized in writing by the User, or whose communication is required as a result of provisions of the Public Authorities or of the Law, or which is legitimately transmitted to third parties, who have in turn obtained it legitimately and without any confidentiality constraints, shall not be considered Confidential Information, which can therefore be freely communicated by Electe or its employees and collaborators.
6. The obligations of confidentiality of data and information acquired through the Platform by Electe shall be observed even after the User's Account is deleted and the Partnership Agreement ceases to be effective for any reason.
7. Electe guarantees that all confidentiality obligations governed in this article are also fulfilled by each of its employees and/or collaborators, who are duly informed and required to treat the information acquired in the exercise of the tasks/activities assigned to them, and/or otherwise known to them, with the utmost care, diligence, confidentiality and, in any case for the sole purpose of carrying out any activity and/or operation necessary to provide the Services to the User, ensuring compliance with the commitments made to this end.
8. Proprietary Rights
1. Electe is the creator and author, pursuant to Law No. 633 of April 22, 1941, as amended and supplemented, of the Platform, the Site and related Services and all rights are reserved to it.
2. The following are the property of Electe, the Platform, the Site, the Software, the computer architecture of the Site, the codes, methods, algorithms, instructions representative of refinements of a technical, creative or organizational nature, updates and any and all applications of the Platform, results or findings, are used or developed by Electe - or by third parties commissioned by it - for the coordination and interaction of the platforms or for the realization, activation, online management of the Site and the information elements published on the Site and/or for the provision of the Services.
3. In particular, Electe is recognized the exclusive and full ownership of the software, know-how, programs (application and operating) for computers, codes, related adaptations, modifications and customizations of the indications, instructions and documents, in any form expressed, installed or to be installed, including those related to and/or developed in connection with the Site, the Platform, the databases, the layout of the Site, the online management of the same and of the information and data contained therein and in general in execution of the Services offered.
4. The User acknowledges and accepts that the insight data is the property of Electe, which allows consultation and downloading.
5. The User agrees not to use in any way (including on advertising, commercial, promotional or similar materials) the Trademarks owned by Electe without the prior written consent of Electe.

9 . Applicable law, jurisdiction, competent court
1. The relationship between Electe and the Users of the Site shall be governed by Italian Law and Jurisdiction, under which these provisions shall also be interpreted.
2. In case of disputes concerning the validity, interpretation and execution of these provisions, Electe and the User undertake to seek a fair and amicable settlement between them. In this regard, the same parties may devolve by mutual agreement the resolution of any dispute inherent in these provisions to ADR Center, a mediation and conciliation body accredited by the Ministry of Justice and registered in the register of mediation bodies. The Regulations of ADR Center, as well as forms and information regarding the conciliation procedure are available at www.adrcenter.it.
3. If the dispute is not settled amicably or through the mediation of the Conciliation Body, and in any case within 6 months from the date of its commencement, it shall be deemed to fall under the exclusive jurisdiction of the Court of Milan.

Updated to: June 2023