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Terms and conditions

NOTE: THIS IS A COURTESY TRANSLATION OF THE TERMS AND CONDITIONS ("TERMINI E CONDIZIONI ")
IN CASE OF DIFFERENCES BETWEEN THE ITALIAN ORIGINAL AND THIS ENGLISH COURTESY TRANSLATION, THE ITALIAN ORIGINAL SHALL PREVAIL

Welcome to MyMatchRace!

We had in mind the many sailing racers - whether aspiring, beginners, amateur, addicted or professional / both sailors and boat owners – those who organize sailing regattas: yacht and sailing clubs, authorities and class associations of the sector, those who manage and take care of the sailing boats: technical operators and suppliers of products and services, the sailing enthusiasts as well as those who are simply curious about sailing. And so we created MyMatchRace.

MyMatchRace is a digital platform dedicated to all of you and your regattas, with digital tools and services, making it easier and more interactive to participate in regattas (the "MyMatchRace Platform" or "MyMatchRace")!

Access to and use of the MyMatchRace Platform, through the website www.mymatchrace.net and its related applications, and therefore, the use of the digital tools and services therein offered, is governed by these Terms and Conditions of Contract.

NOTE. It is recommended that the users read the contents of the Terms and Conditions of Contract carefully and, where available, the contents of the related Updates and Amendments.

The MyMatchRace Platform is owned, and supplied, by MyMatchRace s.r.l. (the "Company"), with registered offices in Milan, Vicolo Santa Maria Valle 4, Italy.

1. Terms and Conditions of Contract. Amendments.

1.1 The Terms and Conditions of Contract of MyMatchRace govern the contractual relationship between the Company and the users of MyMatchRace regarding the exercise, by the latter, of the right to access and use MyMatchRace and the related digital tools and services for a period of 12 months (the "Access").

Access will be available through the website www.mymatchrace.net and its related subdomains and applications, using any device, including but not limited to mobile devices.

The Terms and Conditions of Contract shall apply to all the indicated modalities of access to MyMatchRace.

NOTE. By accessing or using the MyMatchRace Platform, the user declares that he/she has read, understood and accepted, and therefore to respect and agree to be bound by, the provisions contained in these Terms and Conditions of Contract.

1.2 It is to be noted that the Terms and Conditions of Contract may be updated or amended by the Company at any time, for example to reflect any possible amendments to the applicable laws.

Any changes to the Terms and Conditions of Contract will be disclosed on the MyMatchRace Platform through the publication of a specific communication. The users will at the same time receive a summary of the main changes made.

NOTE. By accessing or using the MyMatchRace Platform after the publication of such communication, the users accept to be bound by the Terms and Conditions of Contract as amended, save for the provision of any right of withdrawal, as from time to time construed.

NOTE. The Terms and Conditions of Contract in force at any time will be accessible on the website www.mymatchrace.net, within the section "Terms and Conditions".

2. Context. Signing up to the MyMatchRace Platform.

2.1 MyMatchRace is a thematic digital platform dedicated to regattas among sailing boats. It makes available to its users the digital tools and services pertaining to regattas among sailing boats.

2.2 Access and use of all the digital tools and services offered by the MyMatchRace Platform – by way of example, the services of: Crew Formation "Crew Search/Opening", the digital Archiving of documents (including by means of example the Sailing Race Logbook) in spaces reserved to the single users, the Publication of posts in dedicated spaces in the dashboard of MyMatchRace – is consented only to those users who register on the MyMatchRace Platform, complying with the procedure described below (the "Registration").

Registration comprises the execution of the following activities:

  • (i) the procedure of Personal Data Registration described in paragraph "3. Personal Data Registration. Withdrawal. Correctness of the information."
  • (ii) the payment of the Fee indicated in paragraph "4. Fee. Payment Modalities.", IF AND WHEN DUE

NOTE.

THE FIRST 5000 USERS (and the sailing boats associated with the respective personal profile) who sign up to MyMatchRace shall have the RIGHT TO USE, the digital tools and all services offered by MyMatchRace FREE OF CHARGE for the first 12 MONTHS from the Date of Registration (as defined in paragraph 3. Personal Data Registration. Withdrawal. Correctness of the Information., of the Terms and Conditions).

When the number of 5000 registered users on MyMatchRace is reached, this will be disclosed through a specific communication on the MyMatchRace Platform. With the same communication, a confirmation will be given as regards the amount of the Fee due as of that date by the users that intend to acquire their Access on MyMatchRace, and the relating payment modalities.

NOTE. Users who do not complete the Registration or who do not intend to sign up may IN ANY CASE freely access the general thematic services provided by MyMatchRace. These include - for example - the consultation of the official regatta Calendars and the consultation of the regatta Results, as well as access to thematic material in audio, video, photographic or textual format that will be made available on the public sections of the MyMatchRace Platform (please refer to the following paragraph 7. Intellectual Property Rights.).

3. Personal Data Registration. Withdrawal. Correctness of the information.

3.1 Personal Data Registration.

In order to register on the MyMatchRace Platform, the users are invited to follow the procedure of the Personal Data Registration active on the homepage of the website www.mymatchrace.net.

ONLY THOSE WHO ARE AT LEAST 18 YEARS OLD MAY REGISTER ON MYMATCHRACE.

The procedure for Personal Data Registration is as follows:

  • In a first initial phase the users shall complete the registration form, providing the personal data requested: a valid and active email address shall be indicated and a valid personal password shall be created.
  • In a second phase, the users are invited to activate the link that they receive at the e-mail address indicated in the first initial phase.
  • In a third and final phase, the users are invited to supply certain information mainly relating to their sailing experience and competence. It is to be noted that this information is of essence to allowing a thorough use by the users of the digital tools and of the services provided by MyMatchRace including, importantly, the service of Crew Formation "Crew Search/Opening".
  • Once the activities set forth in the three phases described above are completed, the system notifies the users that the procedure of Personal Data Registration is completed by a notice posted on screen on MyMatchRace and an e-mail sent to the users to their indicated address (the date of completion of the procedure of Personal Data Registration is also defined as the "Date of Registration").

3.2 Withdrawal. Consumer Code.

According to and as per the effects of Legislative Decree 6.9.2005 no. 2006 (Consumer Code, "Codice del Consumo") the users have a 14-day period, as of the Registration Date, to withdraw from MyMatchRace. The withdrawal may be exercised by the users by sending an explicit declaration of their decision to withdraw from the contract to the e-mail address info@mymatchrace.net by and before the expiration of the withdrawal period.
Any Fee that has possibly already been paid, according to paragraph 4. Fee. Modalities of Payment., by the users exercising the withdrawal, is reimbursed to them without undue delay, within 14 days from the day on which the Company, through MyMatchRace, is informed of the decision of the user to withdraw from the contract.
Upon completion of the withdrawal, confirmation will be given to the user by means of a specific notice posted on the screen on the MyMatchRace Platform and through a dedicated e-mail communication sent to the user’s e-mail address as inserted by him/her at the time of Registration.

3.3 Correctness of the information.

NOTE. USERS ARE INVITED TO PROVIDE REAL DATA AND INFORMATION.

The Company does not take any responsibility as regards the identity of any user registered on MyMatchRace, nor as regards the data and information entered on MyMatchRace by the registered users.

By registering on the MyMatchRace Platform, users accept to:

  • provide only data and information that are real and accurate, abstaining from supplying false data and information;
  • do not create accounts on behalf of third parties without being entitled to or authorized to do so;
  • do not create more than one personal account;
  • in the event that the original account is disabled, do not create a new account without the authorization of MyMatchRace;
  • do not use their own personal profile to obtain commercial profiles;
  • ensure that their own contact information is always up to date and correct;
  • not share their own password and access data, nor allow that other people may access their own account or incur any action that may put their account’s security at risk. Users that are aware, or have a reason to suspect, that their credentials have been lost, stolen, or otherwise compromised or believe that there is an actual or suspected unauthorized use of their MyMatchRace account, shall immediately inform the Company accordingly, through the specific button "CONTACT US" active on the homepage of the MyMatchRace Platform. Each user is responsible for all the actions and operations made through his/her MyMatchRace account, unless he/she proves that these activities have been carried out without his/her authorization and he/she does not behave otherwise negligently (for example, by not reporting an unauthorized use or loss of their own credentials).
  • do not transfer their own account to any third parties.

Moreover, by registering on MyMatchRace, users declare, warrant and certify for all legal purposes, TO BE AT LEAST 18 YEARS OLD.

4. Fee. Modalities of payment.

As a Fee for the Access to MyMatchRace (as defined in the above paragraph 1. Terms and Conditions of Contract. Amendments.) to the Company a lump-sum fee shall be due as follows:

  • Euro 12.20 (VAT included) for each user – whether a sailor, a skipper or a boat owner (the "User Fee");
  • Euro 45 (VAT included) for each boat associated to a skipper or to a boat owner (the "Boat Fee").

Payment of the User Fee and of the Boat Fee may be made by the user by using the appropriate form that will be made available on MyMatchRace, through PAY PAL or CREDIT CARD.

WITHOUT PREJUDICE to the preceding paragraph 3.2. Withdrawal. Consumer Code. as regards the possibility for a user to withdraw from MyMatchRace according to the terms therein foreseen, Access will not be available UNTIL the Fee is paid.

On the other hand, IT IS TO BE NOTED that once the Fee has been fully paid, Access will be fully available, with effect as of the Date of Registration.

AS A REMINDER, the use by unregistered users of the general thematic services that MyMatchRace makes available DOES NOT require the payment of any fee by the latter, who will therefore have free access thereto (please, refer to paragraph 2.2 above).

FURTHERMORE, the first 5000 USERS (and the sailing boats associated to the respective personal profile) who sign up to MyMatchRace shall have the right to use the digital tools and all services offered by MyMatchRace, free of charge for the first 12 months from the Date of Registration. The contents of the NOTE contained in paragraph 2. Context. Registration with the MyMatchRace Platform. above is hereby referred to.

NOTE. It is to be noted that once the indicated 12-month term expires, the access to, and the use of, the MyMatchRace Platform and of all the services therein provided by the aforesaid initial users of MyMatchRace may be subject to the payment of the Fee, in the amount and according to the terms applicable at that time.

5. Security. Rules of conduct of the users.

We commit to ensuring that MyMatchRace is a secure website and is exempt to the maximum possible extent from mistakes, however we do not give any guarantees in this respect.

The users accept to use MyMatchRace, the digital instruments and the services therein provided, at their own risk and responsibility.

The users of MyMatchRace contribute to protect the security of MyMatchRace and accept, by accessing it, to abstain from doing any of the following:

  1. to denigrate, intimidate or annoy other users;
  2. to publish threatening, pornographic content, contents inciting to hate or violence or containing images of nude or of explicit or gratuitous violence;
  3. discriminate or harass any individual based on the race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, sexual orientation, sports technical skills or otherwise have any abusive behavior or that may cause disturbance;
  4. develop or manage third-party applications with alcohol-related content, with dating services or services addressed to an adult audience (including advertising);
  5. publish identity documents or confidential financial information on MyMatchRace;
  6. upload viruses or other harmful code;
  7. try to obtain login information or access other users' accounts;
  8. use MyMatchRace for illegal, deceptive, malicious or discriminatory activities or purposes;
  9. take actions that can prevent, overburden, or compromise the proper functioning or appearance of MyMatchRace, such as an attack of service denial or other disruptive actions that interfere with page rendering or other MyMatchRace features;
  10. favor or encourage the non-compliance to the General Terms and Conditions of Contract.

MyMatchRace is provided as-is, with no warranty expressed or implied, including but not limited to, any implied warranties of suitability to a specific purpose and non-infringement, or any implied warranty of availability.

6. The service of Crew Formation "Crew Search/Opening".

6.1 With the service of Crew Formation "Crew Search/ Opening" the Company makes available through MyMatchRace the tools that consent to the data and information entered by a registered user (i) to be visible on MyMatchRace by the community of registered users formed therein and (ii) to be combined with other data and information entered on MyMathRace by other registered users.

However, all data and information (including any comments expressed) entered on the MyMatchRace Platform by the registered users are the propriety of the users that enter them. The registered users are solely and exclusively responsible for the data and information that they enter on MyMatchRace, and for the truthfulness, completeness and reliability of their insertions.

The Company is not the owner of, nor does it otherwise possess, the data and information entered on MyMatchRace, and it is not able to ascertain the content and truthfulness thereof.

NOTE. Registered users are invited to observe the utmost accuracy, reliability and truthfulness in entering data and information on MyMatchRace as well as in accepting any posts of available CREW SEARCH or CREW OPENING.

6.2 As regards the tools of CREW SEARCH and CREW OPENING, it is to be reminded that when a registered user (who is a BOAT OWNER OR a SKIPPER) accepts a CREW SEARCH posted by a registered user (who is a SAILOR) or conversely a registered user (who is a SAILOR) accepts a CREW OPENING posted by a registered user (who is a BOAT OWNER OR a SKIPPER) observing the procedural steps provided for by the system, with the acceptance so executed, an agreement is closed directly between the interested registered users (BOAT OWNER OR SKIPPER AND SAILOR), governing the crew boarding referred to in the post.

The Company is and remains completely extraneous to the closing of such agreement and to its subsequent execution, nor is it otherwise part to any contractual relation pertaining to, or regarding the crew boarding indicated in the relevant CREW SEARCH/ CREW OPENING posts.

The Company does not act in any way as an agent under any title for any registered user.

6.3 The Company is not responsible for the communications that take place between or among the registered users on, or through, the MyMatchRace Platform, nor does it take any responsibility in relation to their content.

The Company does not guarantee and is not able to guarantee that the notifications sent through MyMatchRace to the registered users pertaining to any identified possibilities of crew boarding for regattas or otherwise, are received, read, taken charge of or accepted in a precise and punctual manner by the respective addressees.

The Company takes no responsibility as regards the outcome of any crew boarding that has been identified and automatically reported by the MyMatchRace system as available or potential.

IT IS REMINDED that in order to complete and successfully implement a crew boarding a valid and active email address must be provided. The Company is not responsible in the case of email addresses, mobile phone numbers or other non-existing or incorrect data, nor is it obliged to verify its existence or correctness.

6.4 The performance of the racing events that are visible on MyMatchRace is completely extraneous to the Company and to MyMatchRace itself (as far as necessary).

Each registered user assesses autonomously and independently the opportunity to participate or not in a regatta event visible on MyMatchRace along with a designated crew and related boat, and adopts any decision to participate in the event autonomously and independently.

The Company does not guarantee, nor can it guarantee, that any regatta event visible on MyMatchRace or in relation to which MyMatchRace has carried out any activity, related for example to the formation of crew, will actually be carried out and be completed.

The Company does not guarantee any level of success of any crew to whose formation in a specific regatta event the tools made available by MyMatchRace may have contributed. Moreover, no responsibility of any kind may be assigned to the Company as regards the concrete sports-competitive and physical modalities with which a user participates in any relevant regatta event. The Company is not liable for any damage to persons or things that may occur in relation to a crew (and any individual members of it) to whose formation the tools made available by MyMatchRace during a regatta visible on MyMatchRace contributed.

As indicated, the tools that combine data and information entered on MyMatchRace by the users are made available through MyMatchRace for their subsequent use by the registered users. Neither through MyMatchRace, nor otherwise, are the accuracy, truthfulness and timeliness of such data and information verified, that neither the Company nor MyMatchRace are able to verify. The Company does not provide through MyMatchRace any opinion, suggestion, advice or recommendation whatsoever as regards the participation to a regatta event and related methods and terms, nor about the skills or technical characteristics of users, crews or boats present on MyMatchRace.

6.5 The company imprints its activity through MyMatchRace to values of fairness, loyalty and sport fair play.

Registered users are invited to use the RATING tool present in the Crew Formation service "Crew Search/Opening", in compliance with the behavioral requirements contained in the General Terms and Conditions of Contract and in particular in paragraph 5 above, absolutely refraining from any of the behaviors indicated in points a., b., and c..

7. Intellectual Property Rights.

7.1 The registered users that complete their Registration according to paragraphs "3. Personal Data Registration. Correctness of the information." and "4. Fee. Modalities of payment." above, may request that on MyMatchRace be published audio, video, photographical or textual material of their individual choice that pertain to the theme of regattas among sailing boats or to sailing or to boating in general.

Such material may be published in the public sections of MyMatchRace and therefore it will be visible even by the users that have not completed their Registration on the MyMatchRace Platform or that do not intend to register therein.

7.2 The publication of the above material will be made on MyMatchRace by the Company, by mentioning the registered user supplying the material.

Publication on MyMatchRace of material that is considered as not relating, or not pertaining, to items such as regattas, sailing or boating in general or that it is anyhow not relating to any events of general interest may be DENIED.

IT IS EXPRESSLY FORBIDDEN to the users to transmit for publication on the MyMatchRace Platform any content that (i) is fraudulent, false, misleading (in itself or due to omission or due to omission to update the information) or deceptive; (ii) is defamatory, slanderous, obscene, pornographic, vulgar or offensive; (iii) encourages discrimination, intolerance, racism, hate, harassment or damages to groups or single individuals; (iv) is violent or threatening or encourages violence or actions that are threatening to other people; (v) promotes illegal or harmful activities or substances or (vi) contains viruses, trojans or infected files.

By requesting to have audio, video, photographical or textual material published on MyMatchRace (according to the aforementioned modalities), the registered users:

  1. declare, guarantee and certify to all effects of the law to be the holder of the copyrights relating to such material and to be able to legitimately make use of it by means of having it published on MyMatchRace; and therefore;
  2. declare, guarantee and certify to all effects of the law that the publication of such material on MyMatchRace does not infringe, violate or in any way contravene any third party intellectual property rights, copyright or privacy rights;
  3. guarantee the truthfulness and validity of the audio, video, photographic or textual material published;
  4. accept that the Company may use the audio, video, photographic or textual material published on MyMatchRace within its promotional material and publications both online and offline, in the manner that the Company deems appropriate;
  5. also grant the Company, in a non-exclusive, global, irrevocable, unconditional and perpetual manner, the right and license to use, reproduce, display, have reproduced, distribute, sub-license, communicate and make available in whole or in part the audio, video or photographic material or text published;
  6. take full legal and moral responsibility towards the Company, MyMatchRace (as far as possible), the MyMatchRace community and any third parties, for the publication of said material and the consequent use of the same, in whole or in part, by the Company (also through MyMatchRace) as outlined;
  7. declare and guarantee that the audio, video, photographic or textual files thus published do not contain viruses, trojans or infected files, or pornographic, illegal, obscene, offensive, or inadequate material, or that they have violent content or are inappropriate. If it is found that the audio, video, photographic or textual material published does not meet the criteria and requirements indicated above, said material will not be used and may be removed / deleted by MyMatchRace at any time and without notice.

    8. 7.3 In relation to audio, video, photographic or textual material, registered users may (i) publish, via MyMatchRace, said material ("User Content"); (ii) access and display the User Content and any content that MyMatchRace itself makes available, including content that is proprietary to the Company and content licensed to the Company or licensed for use by MyMatchRace by third parties (the "Content of MyMatchRace" and together with the Contents of Users, the "Collective Content") and (iii) store the Collective Content on their devices.

    WITHOUT PRIOR NOTICE, MyMatchRace may remove or disable the access to any Content of Users that it deems to be in violation of the General Terms and Conditions of Contract or which could otherwise be harmful or inappropriate for the Company, for the MyMatchRace Platform or for its own users in general or for third parties.

    8. The MyMatchRace Platform.

    The Company is the exclusive holder of all intellectual property rights pertaining to the management and use of the MyMatchRace Platform.

    IT IS EXPRESSLY FORBIDDEN to anybody to:

    1. copy, obtain, report via link, publish, promote, integrate, use, combine, or in any way use the contents that constitute the MyMatchRace Platform or in which it is organized (including any comments posted by registered users) or the MyMatchRace brand in the absence of express written approval by the Company;
    2. use copyrights or trademarks of MyMatchRace or similar symbols that could lead to confusion;
    3. reverse engineer, decompile, disassemble, modify or create derivative works based on MyMatchRace or any portion of it;
    4. circumvent the IT systems used by MyMatchRace or its licensors to protect the content accessible through it;
    5. use any robot, spider, search / retrieval application of sites or other device, process or automatic means to access, retrieve, perform scraping or index any portion of MyMatchRace or its contents.

      6. Any use that is not compliant with the law or the performance of any of the aforementioned actions or behavior constitutes a material violation of the Company's intellectual property rights (including copyrights and database protection rights).

      IT IS EXPRESSLY PROHIBITED to anyone accessing the MyMatchRace Platform to use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, spread or otherwise exploit the MyMatchRace Platform or part of it, as well as the underlying software. The users are not granted any rights or licenses, implicitly or otherwise, under any intellectual property rights of the Company (or its licensors) or MyMatchRace (as far as possible), except for the rights and licenses explicitly granted in the General Terms and Conditions of Contract.

      9. Access to MyMatchRace: Expiration and Interruption.

      9.1 Expiration of the Access.

      When the Access expiration date is approaching (the "Expiration"), a specific reminder will be sent to the registered user.

      The registered user will be informed of the possibility of purchasing a new Access to MyMatchRace, with the possibility of executing it within 30 days following the Expiration, according to the modalities applicable at the time.

      In the event that within the specified 30-day period the registered user decides to not purchase any further Access, his/her MyMatchRace account will be disabled.

      In this eventuality, the user will be assigned a term in order to be able to copy and/or store on his/her own device the contents that he/she saved on his/her account (for example, the personal notes included in the Sailing Race Logbook). Once this term has expired, such contents will be removed from the MyMatchRace Platform and will no longer be accessible by the user.

      Following the disabling of his/her account, the user will still be able to access the thematic public services available on MyMatchRace that are not reserved to registered users.

      9.2 Interruption of the Access.

      Each user acknowledges and agrees to be the sole responsible for complying to any law, regulation, rules and tax obligations that may apply to his/her use of the MyMatchRace Platform.

      In the presence of any conduct of any registered user that violates the General Terms and Conditions of Contract or that otherwise causes damages or injuries to the Company, MyMatchRace or the MyMatchRace community, the Company reserves the right to suspend the Access to the MyMatchRace Platform, without prejudice to the validity and irrevocability of the purchase of the Access made by the user. The user will be informed of that by means of a specific notification via e-mail or through a specific notice made by the system at his/her first access following his MyMatchRace account.

      9.3 Deletion of the account.

      The registered user may delete his/her MyMatchRace account at any time, regardless of whether the Expiration of the Access that he/she purchased has been reached and without prejudice to the validity and irrevocability of the purchase of the Access made.

      10. Responsibility. Cases of exemption.

      We set ourselves a responsible level of competence and attention in providing digital services and tools through MyMatchRace and we hope that their use is appreciated by our users.

      In addition to what is already specified in other paragraphs of these Terms and Conditions of Contract, the following is to be noted.

      The Company does not provide any guarantees regarding the contents of the digital services and tools offered, their specific function and their reliability, availability or ability to meet the needs of the user. The services and digital tools of MyMatchRace are provided through the Platform "as they are".

      The Company, within the limits of the law in force, is liable for damages to users or third parties of a contractual or non-contractual nature only when they constitute an immediate and direct consequence, for fraud or gross negligence, of the activity of MyMatchRace.

      The users exonerate and expressly relieve the Company of any responsibility, within the limits permitted by the applicable legislation, in relation to any direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data or replacement costs deriving from, or in any case connected with, the contractual relationship of access and use of MyMatchRace and of the digital services and tools provided therein, established with the Company.

      The Company is not responsible for any loss or damage not reasonably foreseeable.

      11. Privacy.

      The practices of collecting and using any personal data in connection with the access to the MyMatchrace Platform and its use by the users are described in the specific Privacy Information made available on the website www.mymatchrace.net and on the MyMatchRace Platform, to which reference is made.

      12. Applicable law and jurisdiction.

      The contract concluded between the Company and its users, governed by these Terms and Conditions of Contract, and any controversy concerning the interpretation, validity and execution of the same, are subject to Italian law.

      Any dispute relating to the contract, its interpretation and / or execution, may be attributed to the jurisdiction of the Court of Milan (Italy) or the forum of residence or domicile of the user.

      13. Ethical principles.

      The Company promotes the protection of general public interests, including the protection of the marine environment - in particular, the fight against plastic in the sea - the safety of navigation, the protection of human life at sea and the spread of culture and maritime education. The Company intends to build its own growth and to base the functioning of the relations of its community on the MyMatchRace Platform to values of fairness, loyalty and sport fair play.

      The Company intends to base the operation of the MyMatchRace Platform on the respect for strong human values and solid principles, in compliance with the principles of freedom, dignity of the human person and respect for diversity. The Company rejects any discrimination based on sex, race, languages, personal and social conditions, religious and political beliefs. It repudiates any manifestation of incitement to hate or violence (including verbal), the abuse of alcohol or of drugs.

      The Company firmly condemns any behavior of abuse of the position and of the personal powers carried out in any working or extra working contest having sexual background, and repudiates any behavior of this type carried out through or on the MyMatchRace Platform.

      The Company pursues the compliance with any laws and regulations in force in Italy and in all the countries in which it operates or will operate.

      The Company reserves the right to exclude from the MyMatchRace Platform anyone who demonstrates, including through his/her own behavior, to not share the values of correctness, loyalty, freedom, sporting fair play, dignity of the human person or respect for diversity, or moreover to abuse of his/her own position and personal powers for sexual exploitation in the workplace or beyond.

 

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Privacy

NOTE. THIS IS A COURTESY TRANSLATION OF THE "INFORMATION PROVIDED UNDER ARTICLE 13 OF LEGISLATIVE DECREE NO. 196 OF 30.6.2003 ("PRIVACY CODE")".
IN CASE OF DIFFERENCES BETWEEN THE ITALIAN ORIGINAL AND THIS ENGLISH COURTESY TRANSLATION, THE ITALIAN ORIGINAL SHALL PREVAIL.

Information under article 13 of Legislative Decree no. 196 of 30.6.2003 ("Privacy Code").

Below you will find the information prescribed by article 13 of the Privacy Code as regards the personal data of the users of the website named www.mymatchrace.net, conceived and managed by MyMatchRace s.r.l., that hosts a technological platform through which certain thematic services dedicated to the regattas among sailing boats are offered ("MyMatchRace").

It is to be noted that some services are usable also by the users who access MyMatchRace without registering and therefore without creating their own account. By way of example such users may consult the regatta Calendars and the regatta Results and view images, video, audio or textual files present in the public sections of MyMatchRace.

Other services are reserved to and only accessible by those who register on MyMatchRace creating their own account. Among such services, by way of example, the services of Crew Formation "Crew Search/Opening" and of digital Storage of documents in private spaces reserved to the single user, including by means of the tool named Sailing Race Logbook.

1. Data controller (Titolare del Trattamento).

The data controller for the processing of personal data is MyMatchRace s.r.l., with registered offices in Vicolo Santa Maria Valle 4, 20123 Milan, VAT/Tax Code no. 09849510962, registered to the Milan Register of Enterprises under no. MI - 2118033 (the "Company"), e-mail privacy@mymatchrace.it.

2. Purposes of the processing.

According to article 4, paragraph 1, letter b) of the Privacy Code, "personal data" is "any information relating to an individual, identified or identifiable, even indirectly, by reference to any other information, including a personal identification number".

The personal data provided by the users will be processed for the following purposes:

  1. to allow users to register on MyMatchRace creating their own account;
  2. to allow users to use all services offered by MyMatchRace and by the platform therein hosted, including the services reserved to the sole registered users which include – in particular – the service Crew Formation "Crew Search/Opening" and the "Rating" function, which is an essential part thereof;
  3. to carry out all the activities necessary or in any way related to the provision of services through MyMatchRace and the platform hosted therein;
  4. for administrative-accounting purposes;
  5. to conduct analyses and study activities of the personal data information provided by the users, their habits and behaviors with respect to the product area in which MyMatchRace operates (i.e. regattas among sailing boats, boating in general) (so called "profiling");
  6. to send informative and promotional communications, including a possible newsletter;
  7. for compliance with the obligations provided for by the laws, regulations and set of rules, both domestic and EU, as well as by the orders issued by authorities legitimated by law or by surveillance and control entities.

3. Navigation data.

It is to be noted that it is possible to access MyMatchRace and the platform hosted therein to use the general thematic services that are not reserved to registered users, without needing to confer any personal data. It is however to be noted that within their regular operation, the IT systems and software responsible for the operation of MyMatchRace and of the platform hosted therein acquire certain personal data the transmission of which is implied in the usage of internet communication protocols.
Such information is not collected to be associated to certain identified subjects but, even due to its nature, it could allow for the identification of the user through elaborations or associations. This category includes the IP addresses or the computer domain names used by users accessing MyMatchRace, addresses in url notation of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, etc.. These data are used to obtain anonymous statistical information on the usage of MyMatchRace (such as, in particular, the number of accesses) and to monitor its correct operation. In this proceeding, the processing of directly identifying data is not foreseen. The navigation data are acquired, with the modalities described, only by the Company.

4. Granting of data and consequences in case of non-consent to the processing.

The granting of data for the purposes indicated in letters (a) (b) (c) and (d) of the preceding paragraph 2 is discretional. However, since the processing of such data is necessary to consent the registration of the user interested in MyMatchRace and to the platform hosted therein, and the provision of the services reserved to registered users, including the service Crew Formation "Crew Search/Opening", the possible refusal of the interested user to grant the relevant data and to consent to the relating processing for the indicated purposes will result in the user being unable to complete the Registration on MyMatchRace and to participate in, and use, the services reserved to the registered users.

The granting of data for the purposes of letters (e) ("profiling") and (f) ("newsletter and marketing") of the paragraph 2 above is optional. The consent to the data processing for each of said purposes may be expressed by selecting the specific boxes on MyMatchRace. The lack of consent will not result in any consequence regarding the possibility to register on MyMatchRace and will exclusively result in the following consequences:

  • the lack of consent to the processing of personal data for the purposes indicated in the preceding paragraph 2, letter (e) ("profiling") will mean it will be impossible to to execute the activities of analyses and study therein indicated;
  • the lack of consent to the processing of personal data for the purposes indicated in the preceding paragraph 2, letter (f) ("newsletter and marketing") will mean it will be impossible to receive any informative and promotional communications, including the possible "newsletter".

With reference to the granting of personal data for the purposes indicated in the preceding letter (g), paragraph 2, the consent of the relevant user is not requested.

To this aim the contents of article 24 of the Privacy Code is herein referred to, according to which

"1. Consent shall not be required in the cases referred to in Part II as well as if any of the following conditions apply:
  • the processing is necessary to comply with an obligation imposed by a law, regulations or Community legislation;
  • the processing is necessary for the performance of obligations resulting from a contract to which the data subject is a party, or else in order to comply with specific requests made by the data subject prior to entering into a contract;
  • the processing concerns data taken from public registers, lists, documents or records that are publicly available, without prejudice to the limitations and modalities laid down by laws, regulations and Community legislation with regard to their disclosure and publicity;
  • the processing concerns data relating to economic activities that are processed in compliance with the legislation in force as applying to business and industrial secrecy;
  • the processing is necessary to safeguard life or bodily integrity of a third party. If this purpose concerns the data subject and the latter cannot give his/her consent because (s)he is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the data subject, or else by a next of kin, a family member, a person cohabiting with the data subject or, failing these, the manager of the institution where the data subject is hosted. Section 82(2) shall apply;
  • the processing is necessary for carrying out the investigations by defense counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary for said purpose by complying with the legislation in force concerning business and industrial secrecy, dissemination of the data being ruled out;
  • the processing is necessary to pursue a legitimate interest of either the data controller or a third party recipient in the cases specified by the Garante on the basis of the principles set out under the law, unless said interest is overridden by the data subject’s rights and fundamental freedoms, dignity or legitimate interests, dissemination of the data being ruled out;
  • the processing is carried out by no-profit associations, bodies or organizations, whether recognized or not, except for external communication and dissemination, with regard either to entities having regular contacts with them or to members in order to achieve specific, lawful purposes as set out in the relevant memoranda, articles of association or collective agreements, whereby the mechanisms of utilization are laid down expressly in a resolution that is notified to data subjects with the information notice provided for by Section 13;
  • the processing is necessary exclusively for scientific and statistical purposes in compliance with the respective codes of professional practice referred to in Annex A), or else exclusively for historical purposes in connection either with private archives that have been declared to be of considerable historical interest pursuant to Section 6(2) of legislative decree no. 490 of 29 October 1999, adopting the consolidated statute on cultural and environmental heritage, or with other private archives pursuant to the provisions made in the relevant codes;
  • the processing concerns information contained in the CVs as per Section 13(5-bis);
  • the processing concerns communication of data between companies, bodies and/or associations and parent, subsidiary and/or related companies pursuant to Section 2359 of the Civil Code, or between the former and jointly controlled companies, or between consortiums, corporate networks and/or corporate joint ventures and the respective members, except for dissemination and subject to Section 130 hereof, for the administrative and accounting purposes specified in Section 34(1-ter) hereof, providing such purposes are expressly referred to in a decision that shall be disclosed to data subjects jointly with the information notice referred to in Section 13 hereof.

5. Data processing methods.

The processing of data will be executed mostly with the support of electronic or automated tools, according to the methods and with suitable means to guarantee the security and confidentiality of the data, in compliance with the provisions of the Privacy Code. In particular, all technical, IT, organizational, logistical and procedural security measures will be taken, so that the minimum level of data protection provided by law is guaranteed, allowing access only to any persons possibly requested of the processing by the Data controller or by the data processors possibly designated by it.

6. Scope of communication of the data.

The personal data provided by the user for the purposes described in point 2 above, may be brought to the knowledge of, or communicated to, the following subjects:

  1. consultants in charge of the installation, maintenance, update and, in general, of the management of the hardware and software of MyMatchRace and of the platform hosted therein;
  2. to all the public and/or private entities, individuals and/or legal persons (legal, administrative and tax consultancy firms), if the communication proves to be necessary or functional to the correct fulfillment of the obligations established by laws, regulations and by set of rules, national and/or EU, as well as by provisions issued by authorities authorized to do so by the law or by supervisory and control bodies, as well as to the correct fulfillment of the contractual obligations undertaken in relation to the services provided through MyMatchRace and the platform hosted therein;
  3. to all the subjects (including the Public Authorities) who have access to the data under regulatory or administrative provisions.

The updated list of the data controllers and of the data processors will be available for consultation at the Data Controller's legal office.

7. Data retention.

The personal data will be kept only for the time necessary to guarantee the proper performance of the services offered by MyMatchRace and the platform hosted therein. In the event of closure of the MyMatchRace account at the user's initiative, the data contained in it will be kept for administrative purposes for a period not exceeding one semester, without prejudice to any specific legal obligations on the conservation of accounting documentation or for public security purposes.

8. Right to access personal data.

Pursuant to art. 7 of the Privacy Code:

  1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of whether the data has already been recorded, and communication of such data in intelligible form.
  2. A data subject shall have the right to be informed:
    1. of the source of the personal data;
    2. of the purposes and methods of the data processing;
    3. of the logic applied to the processing, if it is carried out through electronic tools;
    4. of the identification data concerning the data controller, the data processors and the representative designated as per Section 5(2);
    5. of the entities or categories of entities to whom the personal data may be communicated and who may get to know said data in their capacity as designated representative(s) in the Italian Country’s territory, data processor(s) or person(s) in charge of the processing.
  3. A data subject shall have the following rights:
    1. to obtain updating, rectification or, if he/she so wishes, integration of the data;
    2. to obtain removal, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
    3. to obtain certification to the effect that the operations as per letters a) and b) have been notified, also as relates to their content, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
  4. A data subject shall have the right to object, in whole or in part:
    1. on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
    2. to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

The rights listed above may be invoked by contacting the Data Controller through the contact details provided under section 1 of this Privacy Information.

 

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NOTE

THE FIRST 5000 USERS (and the related Sailing Boats) who sign up to MyMatchRace shall have the right to use the digital tools and all services offered by MyMatchRace FREE OF CHARGE, for the first 12 MONTHS from the Date of Registration (as defined in paragraph 3. Personal Data Registration. Withdrawal. Correctness of the Information., of the Terms and Conditions).

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