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These terms and conditions of service apply to viblio.com and app.viblio.com
1.1. APPRENDO S.r.l. has developed a Platform (Platform as a Service) called “VIBLIO”, of which it holds exclusive ownership. The Platform offers and suggests learning content to Users based on their interests, roles, and attitudes, made available by third-party Providers other than APPRENDO S.r.l.
1.2. The following terms and conditions of service, along with any subsequent amendments, apply to all contracts concluded with Customers who wish to use the services/products of the information society offered by APPRENDO S.r.l. through the VIBLIO Platform and/or activated subsequently to the subscription of this Agreement.
1.3. By using the Platform, the CLIENT declares to have fully understood and accepted the terms and conditions of service stated herein (including the privacy policy) in their entirety.
2.1. For the purposes of this Agreement, the Parties acknowledge the meaning of the following terms:
3.1. The preamble constitutes an integral and substantial part of this Contract.
3.2. By subscribing to the subscription, the CLIENT will be able to enjoy the paid Services offered by APPRENDO S.r.l. (such as consulting the Contents organized and available on the platform and offered by Providers), through the website www.viblio.com, as indicated and described on the Platform and the consequent issuance of a temporary, non-exclusive, non-transferable, non-assignable, non-sublicensable license, for the duration of this Contract, limited to the mere use of the VIBLIO Platform and any other software associated with the Platform itself.
3.3. The signatory of this contract, if acting on behalf of a company and/or other third parties, by signing, declares to be authorized to conclude this Contract on behalf of the CLIENT.
3.4. As manager of the Platform, APPRENDO cannot be held responsible for errors, interruptions, as well as for a failed, partial, and/or inadequate provision of its Services. Providers are solely responsible for the accuracy, completeness, and correctness of the information published on the Platform, as well as for the provision of Services.
4.1. In order to proceed with the registration on the VIBLIO Platform, the CLIENT must choose the subscription plan among those available on the Site and enter some information, including personal information, through the procedure provided. Before proceeding with the submission of the purchase order, APPRENDO invites the CLIENT to carefully read and expressly accept (by ticking a checkbox – contractual text) and to print a copy thereof, through the print and storage command, or reproduce a copy for the personal use of the CLIENT of these terms and conditions of service as well as the privacy policy.
4.2. Before submitting the purchase order (related to the chosen subscription), the CLIENT is required to verify the data entered in the order, which may be modified or corrected for any input errors.
4.3. The CLIENT must also request from APPRENDO, if desired, the issuance of an invoice relating to the purchase, pursuant to art. 22 D.p.R. No. 633/1972.
4.4. Once the Order is submitted to the company APPRENDO, the CLIENT will receive from the latter an activation email for their account and therefore with the consequent correct receipt of the Order placed. With the sending of this communication, the purchase contract is considered concluded between the parties.
4.5. The CLIENT guarantees that the personal information provided during the Site registration and Product purchase procedure is complete and truthful.
4.6. The CLIENT cannot use temporary emails for registration on the VIBLIO Platform.
5.1. APPRENDO offers, through the VIBLIO platform, one or more paid Services. The CLIENT is offered, at the sole discretion of APPRENDO, a free trial period of 14 days after the conclusion of the contract. This period applies only to the first subscription to our Services.
5.2. At the end of the 14 days, a paid subscription for the chosen period of time (monthly or yearly) will be automatically activated for the CLIENT. If the CLIENT does not proceed with the insertion of the information required for payment, the Services will not be available.
5.3. The price and the advance payment methods of the various Services are those indicated on the Site at the time of submission of the order by the CLIENT. Prices, expressed in euros, include VAT and any indirect taxes (where applicable).
5.4. The consideration is always due from the CLIENT even if they decide not to use the Platform and/or avail themselves of the Services offered by APPRENDO S.r.l.
5.5. In case of payment by credit card, financial information (e.g., credit/debit card number or expiration date) will be forwarded, via a secure connection, directly to the website of the entity managing electronic payments (Stripe). This information will also never be used by APPRENDO except to complete the purchase-related procedures and issue the relevant refunds in case of exercising the right of withdrawal, or if it is necessary to prevent or report fraud to the police forces on our Site.
6.1. The duration of this Contract is that indicated in the subscription plan chosen by the CLIENT (e.g., monthly or yearly). At the expiry, this Contract will be automatically renewed for the same period, unless terminated by the CLIENT according to the methods described in the following point 5.2.
6.2. The termination can be carried out by the CLIENT at any time, by proceeding with the cancellation through the specific “cancel plan” function available in the “manage plan” section of their personal account. After 12 months, it will be deleted.
6.3. The termination will become effective at the end of the current billing period. Following termination, no further payments will be charged, and the service will be suspended.
7.1. Only the CONSUMER CLIENT is entitled to withdraw from any contract concluded under these general terms of sale, without any penalty, within 14 (fourteen) days from when they have registered with the Platform (thus with the receipt of the account activation email – conclusion of the contract – as described in the previous article 4.4.).
7.2. Only the CONSUMER CLIENT may exercise this right by using the appropriate withdrawal form (attached here) to be sent to the following help@viblio.com
7.3. The CONSUMER CLIENT will receive an email confirmation from APPRENDO S.r.l. acknowledging receipt of their withdrawal request.
7.4. The right of withdrawal is excluded for purchases made on the website www.viblio.com by the NON-CONSUMER CLIENT for purposes related to their entrepreneurial, commercial, artisanal, or professional activity.
8.1. Subject to compensation for damages, APPRENDO reserves the right to terminate the Contract pursuant to art. 1456 of the Italian Civil Code following the sending of a simple written communication by certified email to email (communicated during registration) in case of non-fulfillment by the CLIENT and/or each User of even one of the provisions: art. 5 (Trial Period, Prices, and Payment methods); art. 11 (Obligations and Responsibilities of the Client and/or User), art. 12 (Registrations and Accesses), art. 19 (Distinctive signs, trademarks, intellectual property, rights, licenses, copyright).
9.1. In case of termination of the Contract, for any reason, APPRENDO will immediately and definitively cease the provision of the Services provided through the VIBLIO Platform.
9.2. Following termination of the Contract, the data will be stored for 12 months to allow you to resume the Services and then definitively deleted. The Client hereby releases APPRENDO from any possible liability, damage, or prejudice caused by the total and/or partial loss of data and information present on the VIBLIO Platform.
9.3. At any time (even within 12 months from the termination of the Contract), the CLIENT can send the request for the definitive cancellation of their data by writing to the following email address: help@viblio.com .
10.1. All communications to the CLIENT regarding this Contract may be made to the email address provided by the CLIENT at the time of account creation. It is understood that it will be the CLIENT’s responsibility to communicate any changes regarding the email address identified by the CLIENT for all communications.
11.1. The CLIENT and/or User undertakes to:
12.1. The CLIENT, during registration, must enter an email and a password (Access Credentials) in order to access the Platform.
12.2. In some subscription formulas, the CLIENT may use the APPRENDO Platform using the Access Credentials provided by APPRENDO S.r.l. and must be changed upon first use.
12.3. The CLIENT is aware that the knowledge of the Access Credentials by third parties would allow them unauthorized use of the APPRENDO Platform and unauthorized use of the Services as well as access to any (including sensitive) information stored therein. The CLIENT will in any case be solely responsible for any authorized or unauthorized use of the Platform using the Access Credentials.
12.4. The CLIENT is required to keep the Access Credentials confidential and with the utmost diligence, undertaking not to transfer them or allow their use by unauthorized third parties.
12.5. APPRENDO S.r.l. and/or its Suppliers or sub-suppliers cannot in any case be held liable for any direct and/or indirect damage that may result to the CLIENT and/or third parties as a result of the CLIENT’s failure to comply with the provisions of this article.
13.1. APPRENDO S.r.l. makes various Services available through the Platform, as indicated from time to time.
13.2. Through the APPRENDO Platform, the CLIENT will be provided with Services in an automated manner, and therefore, the CLIENT is aware that materials/information/content uploaded will be processed automatically and autonomously by the Platform itself, without any intervention by APPRENDO S.r.l.
14.1. The CLIENT acknowledges and accepts that the APPRENDO Platform requires the provision of additional services by third-party suppliers and sub-suppliers other than APPRENDO S.r.l., such as hosting providers, connectivity, IT services, etc. Therefore, the CLIENT hereby authorizes APPRENDO S.r.l. to appoint and/or change said suppliers/sub-suppliers even during the validity of this Contract.
14.2. The CLIENT, therefore, acknowledges and accepts that the collaboration of third-party suppliers may cause delays in the activation process, during the provision of the service and/or assistance governed in this Contract. APPRENDO S.r.l. will make every effort to ensure that the Service activation occurs within reasonable timeframes.
14.3. The CLIENT does not enter into or conclude any type of agreement or Contract with said Suppliers.
14.4. The CLIENT acknowledges and accepts that APPRENDO S.r.l.’s suppliers may interrupt the provision of services, thus making it impossible to execute this contract. The CLIENT indemnifies APPRENDO S.r.l. from any liability for the failure to use the services.
15.1. The Services and related communications may contain references to products and services provided by Third Parties or links to websites or features of third parties unrelated to the VIBLIO Platform and the company APPRENDO S.r.l. (such as educational content marketplaces, universities, training companies, etc.).
15.2. APPRENDO S.r.l. exercises no control or verification over the services, interactions, or content offered by third-party subjects/providers, nor does it guarantee or assume any responsibility for the content, information, and/or services/interactions provided by such third-party subjects, nor does it guarantee their completeness or correctness. The use of such services provided by third-party (providers) is exclusively regulated and managed by them, and therefore, the CLIENT is required to read the terms of service delivery, including (for example and not exhaustively) withdrawal rights regulations, as well as any other applicable rules or conditions for the Service and the privacy policies provided by them.
15.3. Payments between the CLIENT and Third-Party Providers, when made, occur via a secure connection directly on the website of the chosen subject, managing electronic payment. Therefore, APPRENDO is not involved in this relationship and cannot be held responsible for any fraudulent and/or unauthorized use by third parties of the data used for digital payment.
16.1. APPRENDO S.r.l. reserves the right to suspend and/or interrupt, even temporarily, the provision of its services for maintenance, updating, technological innovation of the Platform, or in case of temporary malfunctions or failures, system errors, as well as in the following cases:
17.1. This Agreement does not imply any exclusivity to the benefit of the CLIENT, and therefore no claim can be made against APPRENDO S.r.l. for the provision of the Platform and related Services to other Clients, even in competition with the CLIENT itself.
18.1. Any technical incompatibilities of systems and/or software used by the CLIENT and integrated into the APPRENDO Platform shall not be attributable to APPRENDO S.r.l. in any way.
18.2. In case of temporary malfunctioning of the APPRENDO Platform or related Services, APPRENDO S.r.l. shall not provide any refund for the non-use of the same.
18.3. APPRENDO S.r.l. shall not be liable for any direct and/or indirect damages or losses caused to the CLIENT by malfunctions, breakdowns, interruptions, suspensions, even temporary, due to updates of the APPRENDO Platform or any other cause.
18.4. APPRENDO S.r.l.’s liability for service malfunctions, data loss, lack of connectivity, and/or any other damage is also excluded as a result of:
18.5. In general, APPRENDO S.r.l. shall not be liable for any use of the Platform contrary to the law or for abusive or illegal purposes.
18.6. Except for the CLIENT using the Platform individually and personally, the CLIENT agrees that, once the Agreement is signed, it will be the Sole Data Controller according to EU Regulation 2016/679, regarding the data collected and stored through the Platform.
18.7. APPRENDO cannot be held liable in any way for the breach of obligations imposed on the “Data Controller” by the current regulations on the protection of personal data (such as, for example, the obligations imposed by EU Regulation 2016/679 and Legislative Decree 196/2003) and those imposed by regulations protecting workers (such as, for example, the obligations imposed by Law No. 300/1970) and for any related consequences. The parties mutually acknowledge that the CLIENT is the “Data Controller” for the processing of personal data carried out in the use of the services offered by APPRENDO, pursuant to Article 4, no. 7) of Regulation (EU) 2016/679, or is the “Processor” of such processing under Article 4, no. 8) of Regulation (EU) 2016/679 on behalf of a third party who is the Data Controller of the aforementioned processing, in accordance with what is specifically provided for by the designation of APPRENDO as a data processor or sub-processor pursuant to the Appointment as Data Processor (Annex A). In particular, with regard to the obligations to protect workers, the CLIENT specifically declares:
18.8. The CLIENT expressly declares to have been specifically informed by APPRENDO about any critical issues presented from the perspective of the legislation on the protection of personal data by the services offered by the Company.
18.9. The CLIENT now undertakes to indemnify APPRENDO S.r.l. from any claims or demands of third parties for damages caused by the use of the Platform. The CLIENT shall bear all costs, compensations, charges, legal expenses, prejudices that may arise from the use of the Platform.
18.10. More generally, APPRENDO S.r.l. is not responsible for the uses that the CLIENT will make of the Platform and the Services towards third parties (including Users) who use it.
18.11. Except in cases of willful misconduct or gross negligence, APPRENDO S.r.l. limits its liability to 50% (fifty percent) of what was paid by the CLIENT, in the last year, for the Viblio Platform subscription service and the Services offered, and excludes any type of liability for lost profits, loss of profit and/or goodwill, any direct, indirect, or consequential loss resulting from the use of the Services.
19.1. The Parties mutually acknowledge that this Agreement, except as expressly provided therein, does not entail or imply any assignment of the rights of economic exploitation with regard to the works and intellectual or industrial property of APPRENDO S.r.l. and/or its Suppliers and/or Sub-Suppliers.
19.2. No right shall be granted by way of waiver or estoppel.
19.3. In particular, the Parties recognize that the technology, software, digital and/or graphical content, source code, logos, trademarks, developments, and improvements made by APPRENDO S.r.l. and/or third-party suppliers, and generally all intellectual and industrial property rights connected to the APPRENDO Platform, including those relating to open and/or closed source licenses to which the software used for the realization of the APPRENDO Platform is subject, are not transferred through this contract and remain with their respective owners.
19.4. In any case, any material, product, or software subject to copyright, intellectual property, and/or industrial property rights of third parties and made available to the CLIENT under this Agreement shall be used by the CLIENT in compliance with such rights. The CLIENT assumes all responsibility in this regard and undertakes to indemnify and hold harmless, now and forever, APPRENDO S.r.l. from any detrimental consequences.
19.5. The CLIENT also acknowledges that the Services and Digital Contents, unless otherwise provided by law, are provided by the Owner and accepted by the CLIENT in the condition they are in (“as is” and “as available”) and that their use is at the CLIENT’s sole risk and peril. The Owner does not provide any warranty that the Digital Contents meet the requirements requested by the CLIENT and/or the User, or that they are uninterrupted, convenient, secure, or error-free; furthermore, APPRENDO does not provide any warranty regarding the results expected, hoped for, or obtained with the use of the Viblio Platform and the Digital Contents contained therein and/or connected thereto, including those owned by third-party suppliers.
19.6. In the event that the CLIENT infringes the copyright, industrial or intellectual property rights of APPRENDO S.r.l. and/or third parties, APPRENDO S.r.l. reserves the right to terminate this Agreement pursuant to Article 1456 of the Italian Civil Code.
20.1. APPRENDO S.r.l. shall not be held responsible and shall not be deemed liable for the failure or delayed performance of obligations arising from this contract in the event of circumstances beyond the control of APPRENDO S.r.l. and for any circumstance not reasonably foreseeable by it and considered Force Majeure.
20.2. Force majeure shall include, by way of example and not exhaustively, circumstances attributable to:
20.3. Each term, during the aforementioned unforeseeable and/or Force Majeure circumstances, shall be suspended.
20.4. APPRENDO S.r.l. undertakes to minimize, as far as possible, the prejudices that such circumstances may cause to the CLIENT.
21.1. The Parties shall process personal data exchanged in the execution of this Contract in compliance with the legislation on the protection of personal data in force from time to time for purposes strictly connected to the proper execution of the Contract.
21.2. The Parties regulate and govern the relationships, obligations, and responsibilities regarding the protection of personal data with the Annex A integrated into this Agreement.
21.3. The complete information with the necessary information on the methods of processing personal data, the legal bases, the life cycle of personal data, and any other information is available at the following link https://www.viblio.com/en/privacy-policy-en/
21.4. In any case, each Party shall be required to fulfill all the obligations required by the legislation on the protection of personal data for the processing activities carried out, such as, by way of example but not exhaustively, providing information to its Clients/Users, collecting any consents from the interested parties.
22.1. As a buyer, by checking the checkbox next to the sentence containing the link to these Terms and Conditions of Service, you declare that you have read and approved the content of these terms and conditions of service of this Contract also pursuant to Art. 1341 and Art. 1342 of the Italian Civil Code, in particular for the following clauses:
as well as the following clauses of Annex A – Data Processing Agreement:
23.1. APPRENDO reserves the right to modify the terms and conditions of service of this Contract at any time. The amendments shall take effect from the date of publication on the website www.viblio.com . If the CLIENT does not accept the amendments made, they have the right to terminate the Contract within 15 days from the date of publication of the same.
24.1. This Contract is subject to Italian law.
24.2. For all disputes that may arise concerning the interpretation, performance, and/or execution of this Contract:
24.3. with the NON-CONSUMER CLIENT, the court of Udine shall have exclusive jurisdiction;
24.4. with the CONSUMER CLIENT, the court of the place where the latter has residence or domicile shall have exclusive jurisdiction.
24.5. The CLIENT residing in the Member States of the European Union is informed that the European Commission provides a platform for the alternative resolution of ODR disputes (“online dispute resolution”) relating to these general terms and conditions of sale or the online services offered by the Site, accessible on the website https://ec.europa.eu/consumers/odr.
1.1. The recitals and attachments are an integral and substantial part of the Agreement.
1.2. By means of this Agreement, the Client, pursuant to and for the purposes of Article 28 GDPR, appoints Apprendo as Data Processor. Apprendo accepts the appointment and undertakes to comply with the provisions of the Relevant Legislation and to fulfill all the clauses of this Agreement, including its attachments.
1.3. The definition of the nature and purpose of the processing, the type of personal data, and the categories of data subjects are determined by the Client and indicated in Appendix 1.
1.4. If the Client is itself a “Data Controller,” by means of this Agreement, Apprendo shall be deemed appointed as “other Data Processor” pursuant to Article 28 GDPR, i.e., a “Sub-processor.”
1.5. In this case, the Parties acknowledge and agree that, pursuant to Article 28 GDPR, this Agreement shall be valid and effective as long as the Client is authorized to appoint Apprendo as “other Data Processor” and subject to any objections to this appointment.
1.6. The Parties acknowledge and mutually agree that the compensation for the services provided by Apprendo as Data Processor is included in the compensation provided for in the Contract and follows its fate.
2.1. The Client determines the purposes and means of the processing of personal data collected or processed by the Provider in the performance of the Contract.
2.2. The Client has the right to verify at any time that the Provider complies with the instructions given and respects the Relevant Legislation, for example by verifying i) the security measures adopted, ii) the correct performance of the processing operations, in compliance with the instructions given in this Agreement, iii) compliance with the purposes identified and pursued by the Client; and this also through inspections carried out at the Provider’s premises or where the latter processes personal data. The Client may carry out such verifications also by using professionals or third parties. If the results of the verifications reveal the inadequacy of the security measures adopted by the Provider, it must promptly adjust/update them as agreed with the Client based on the findings of the verifications.
2.3. The Client is obliged to communicate to the Provider any changes in the purposes and means of the processing of personal data.
3.1.1. Apprendo processes, on behalf of the Client, personal data in the performance of the Contract and exclusively within the framework of this Agreement, unless otherwise provided by EU law or the law of a Member State to which the Provider is subject. Apprendo may disclose data to third parties, which perform ancillary services, if necessary to execute the Contract. Apprendo is not authorized to provide data to third parties, other than those mentioned above, without the prior written approval of the Client.
3.1.2. The processing of personal data takes place exclusively within the territory of the European Union or in third countries deemed safe on the basis of the requirements set out in Chapter V of the GDPR.
3.1.3. Apprendo provides the Client with all the assistance necessary and requested by the latter in ensuring compliance with the obligations under Articles 32 “Security of Processing”, 33 “Notification of a Personal Data Breach to the Supervisory Authority”, 34 “Communication of a Personal Data Breach to the Data Subject”, 35 “Data Protection Impact Assessment”, and 36 “Prior Consultation” of the GDPR.
3.1.4. Apprendo makes available to the Client all the information necessary to demonstrate compliance with the obligations and provisions of the Relevant Legislation and collaborates with the Client in case of inspections or checks of any kind by the Authorities or in case of disputes with the Data Subject.
3.1.5. Apprendo assists the Client in responding to any requests from the data subjects aimed at exercising the rights of the data subject defined in Chapter III of the GDPR, according to the procedures specified in the following Article 3.3 and any additional instructions provided by the Client for specific needs.
3.1.6. If required by the Relevant Legislation or at the explicit request of the Client, Apprendo shall draw up, keep, and regularly update a record of the processing activities carried out on behalf of the Client, as governed by Article 30 of the GDPR.
3.1.7. Apprendo must designate in writing the persons authorized to process personal data, ensuring that they have the necessary skills and training in relation to the processing activities to be carried out, also providing them with appropriate confidentiality undertakings regarding the personal data processed and the related information they become aware of in the course of their activities.
3.1.8. Apprendo shall promptly inform the Client if it becomes aware that an instruction given by the Client violates a legal obligation prescribed by the Relevant Legislation or any other obligation arising from this Agreement.
3.2.1. Apprendo is obliged to adopt the measures required under Article 32 GDPR and, in
particular, taking into account the state of the art and the costs of implementation, as well as the nature, scope, context, and purposes of the processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. In doing so, Apprendo must consider in particular the risks presented by the processing, which in particular result from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data transmitted, stored, or otherwise processed.
3.3.1. If data subjects, supervisory authorities, or any other third party (including, by way of example and not exhaustively, judicial and administrative authorities other than supervisory authorities) make requests to Apprendo (including requests for the exercise of rights recognized to data subjects, such as the right of access and other rights recognized by the GDPR), it shall promptly inform the Client.
3.3.2. Apprendo is expressly prohibited from communicating or disclosing to third parties, even in response to requests, the personal data processed on behalf of the Client or any other information relating to the processing of personal data without obtaining prior written authorizations and instructions from the Client.
3.3.3. If it is obliged – in compliance with legal obligations or upon request from judicial, administrative, or public security authorities – to disclose or communicate to third parties the data processed on behalf of the Client or the information relating to the processing, Apprendo undertakes to:
3.3.4. immediately notify the Client in writing of such circumstance;
3.3.5. take all precautions aimed at limiting or restricting the scope of disclosure/communication (for example, omitting information not expressly requested).
3.4.1. The Client, if the Contract permits it and in compliance with the provisions contained therein, generally authorizes Apprendo to resort to another Data Processor (hereinafter also Sub-processor) pursuant to and for the purposes of Article 28 of the GDPR exclusively for the performance of specific data processing activities necessary for the execution of the service Contract. However, the Client’s right to object to specific appointments remains reserved as indicated below.
3.4.2. Apprendo, upon signing this document – Appendix 2 – informs the Client of the Sub-processors currently used to perform activities necessary or ancillary to the execution of the service Contract.
3.4.3. Apprendo shall transmit to the Client data regarding any new suppliers or substitutes for its suppliers, in order to allow the Client to object to the appointment of such entities as Data Processors. In particular, with the communication referred to in the previous period, Apprendo shall transmit to the Client the updated version of the table of suppliers referred to in the preceding paragraph, filled in with data on the new supplier, and shall indicate to the Client any supplier that has ceased to provide its services in favor of Apprendo. The Client may exercise the right to object to the use of a Data Processor by Apprendo by sending written communication to the Client to be notified to the latter, by registered letter with return receipt requested or certified electronic mail (PEC), within a maximum period of 20 days from receipt of the communication from Apprendo containing information about the new supplier. If no response is received from the Client by that date, the Client will no longer be able to object to the appointment of the supplier as Data Processor.
3.4.4. If Apprendo, under its own responsibility, resorts to the appointment of a Sub-processor, it must provide in the contract with the new Sub-processor sufficient guarantees to implement adequate technical and organizational measures so that the processing meets the requirements of the GDPR. It is understood that the Sub-processors must be subject to the same obligations regarding the protection of personal data contained in this Agreement and any future instructions from the Client.
3.4.5. Apprendo remains solely responsible for all the obligations assumed under this Agreement. Apprendo shall therefore be responsible for the correct performance of the activities entrusted to the Sub-processor appointed by it and for any non-compliance or violations committed by the latter.
3.5. Apprendo’s Obligations – Notification of Breaches by the Provider (so-called data breach)
3.5.1. If a security incident occurs (for example, any event of destruction, loss, alteration, unauthorized or unexpected access to personal data), concerning its own systems or those of the Sub-processors, Apprendo must notify the Client in writing by email of such event as soon as possible, from the moment it becomes aware of it and in any case without unjustified delay.
4.1. In case of non-fulfillment by the Provider of any of the obligations set forth in this Agreement, the Client shall have the right to terminate the Agreement and the service Contract for default.
5.1. All personal data received by the Provider from the Client and/or collected by the Provider in the performance of this Agreement are subject to an obligation of confidentiality towards third parties.
5.2. This obligation of confidentiality shall not apply if the Client has expressly authorized the disclosure of such information to third parties, if the disclosure of the information to third parties is reasonably necessary in light of the provisions and execution of this Agreement, or if there is a legal obligation to make the information available to third parties.
6.1. This Agreement shall enter into force on the date of signature and shall remain in force and effective until the termination or cessation (for any reason whatsoever) of the Contract or any subsequent contracts entered into between the Parties with the same object. If at the end of the Contract there are still ongoing processing activities, the Provider undertakes to complete them, and with regard to such processing activities, shall remain bound by any instruction or obligation arising from this Agreement.
7.1. Apprendo undertakes to indemnify the Client against any damage, including any administrative pecuniary penalties, suffered by the Client as a result of the breach by Apprendo or its suppliers of the obligations assumed under this Attachment, the Client’s instructions, and the Data Protection Regulations concerning the processing covered by this Attachment, including those laid down regarding security measures, up to 50% (fifty percent) of the value of the Contract.
7.2. The Parties agree that any dispute by the Client against Apprendo regarding the obligations arising from this Attachment must be made within 72 hours of the occurrence of the conduct being contested, by registered letter with return receipt requested or certified electronic mail (PEC); otherwise, the dispute will have no effect.
7.3. The Client shall be held responsible towards Apprendo for all damages suffered by the Company directly or indirectly from any breach of the Data Protection Regulations by the Client, including any damage to the image and commercial reputation of Apprendo.
8.1. Any modification of this Agreement must, under penalty of nullity, be made in writing and signed by the Parties.
8.2. The Agreement supersedes and replaces any previous agreements or understandings between the Parties regarding the processing of personal data carried out by Apprendo on behalf of the Client.
8.3. The Parties declare that all clauses contained in this Agreement have been carefully and individually evaluated and reflect the common will of the Parties.
8.4. Should any clause of this Agreement be declared invalid, such declaration shall not affect the validity of all other clauses contained herein. In such event and to the extent possible, such invalid clause shall be replaced by another clause whose effect is as close as possible to what the Parties intended at the time of the conclusion of the Agreement.
8.5. The failure by the Client to exercise one or more of the rights arising from this Agreement shall not constitute, nor shall it be construed as, a waiver of such rights.
Categories of data subjects whose personal data are processed
Among the common personal data processed, it is possible to list, by way of example and not exhaustively:
The nature of the processing is related to the purposes of the processing and the operation of the platform and services provided and may include, by way of example: storage, reading, viewing, consultation, collection, modification, combination, organization, processing, recording, communication, storage, comparison or interconnection, deletion.
The purpose of the processing arises from the service provided by Apprendo, which includes the correct provision of services of the Viblio platform and its maintenance.
Duration of the contract.
Below are the Sub-Processors used by Apprendo, currently, to carry out activities necessary or instrumental to the Service Contract:
Digital Ocean LLC
Location: Germany
Activity: Server
Stripe Inc
Location: Ireland – Dublin
Activity: Payment System
Yobs Technologies (Gong AI)
Location: France
Activity: Video Interview
Zendesk Italia
Location: Italy
Activity: CRM and Ticketing System