TERMS AND CONDITIONS
OF THE AFFILIATION AGREEMENT
MANET MOBILE SOLUTIONS SRL,
a company registered under the laws of Italy, with registration number RM-1449947
with registered office in Rome (Italy), Via E. D'Onofrio 67, 00155 ("MMS").
as identified during registration on the web page
- MMS operates in the tourism and hospitality industries, both in Italy and abroad, and has recently started in selling Internet data traffic on behalf of a third party company, that can be used without the need for physical SIM cards (hereinafter also referred to as eSim), offering flat rate plans (hereinafter also referred to as Data Plans) that end users (hereinafter also referred to as Customers) can purchase as indicated below;
- The Affiliate, thanks to the contacts that come from his business activity, has made himself available to propose the sale of the above-mentioned eSIM to everyone that may be interested in buying it.
TERMS OF THIS AGREEMENT
- SCOPE OF THE CONTRACT AND RELATIONSHIP TERMS
1.1. MMS hereby assigns to the Affiliate, who accepts, the task of proposing to all those who may be interested in purchasing the above-mentioned eSIMs;
1.2. This promotion activity will be conducted by the Affiliate without any obligation to MMS, except the duty to act in good faith and fair dealing;
1.3. For promotion purposes, MMS provides the Affiliate with a dedicated landing page and/or a referral link to promote the sale of eSIMs to Customers, both online and offline;
1.4. The Data Plans and related sales prices, as described in detail at the following link esim.manetmobile.com, may be modified at any time at the discretion of MMS, without notice to Affiliate.
1.5. The Affiliate is aware that MMS is not in any way responsible for the purchases that Customers will make, as eSIM are managed by third party companies, nor for the absence or inefficiency of the data line nor for any loss of data of any kind due to any inefficiency of the data line.
2.1. On each purchase made by Customers, the Affiliate will be entitled to a fee. The amount of the fee will be equal to a percentage, to be calculated on the commission paid to MMS on the sale of eSIM, as in the following: MMS: 50% - PROCEEDER: 50%.
2.2. In the case of online sales, Customers will personally make purchases through the landing page and/or referral link and payment will be received directly from MMS. In this case, the above percentages will be calculated net of taxes, fees and charges and an amount equal to the fee due to the payment gateway (STRIPE) applied to each transaction, which is 0.25 cents + 1.4% (European cards) and 0.25 cents + 2.9% (non-European cards).
2.3. In the case of offline sales, Customers will pay the purchase price of the eSIM directly to the Affiliate who will, in turn, pay it to MMS, through an electronic wallet (hereinafter also Wallet), from which MMS can withdraw the relevant amount of money. In this case, the above percentages will be calculated net of taxes, fees and charges, while no payment gateway fees will be charged.
2.4. The fees, as indicated above, are the only compensation due to the Affiliate by reason of this contract, expressly excluding any reimbursement of expenses.
2.5. The payment of the fee will be made to the achievement of a share of at least € 50.00 (fifty/00) within the month following the achievement of this amount and after issuance of the invoice by the Affiliate;
2.6. MMS will send a monthly report containing all successful transactions and carried out by using the landing page and/or the referral link as well as the price paid by customers and the amount due to the Affiliate;
2.7. In the event that MMS is forced, for whatever reason, to refund the Customer with the amount paid, nothing will be due to the Affiliate for the purchase and in the event that it had already made the payment, MMS will be entitled to obtain the return of that amount, even by offsetting the amounts still due to the Affiliate, which by signing this contract authorizes the execution.
- DURATION AND WITHDRAWAL
Either party may terminate this contract at any time and without obligation to state reasons by registered mail (with return receipt) or by using a certified e-mail address, with notice of at least 30 days.
- EXCLUSIVE COURT
All disputes relating to the interpretation, execution and termination of this contract will be the exclusive jurisdiction of the Court of Rome, therefore derogating any other competing jurisdiction.
- CONFIDENTIALITY CLAUSE
5.1. The provisions of this agreement are to be considered confidential information and the parties undertake not to disclose, publish or communicate them to third parties, directly or indirectly.
5.2. The parties also undertake to ensure compliance with this clause by their employees, professionals, collaborators and anyone else who becomes aware of it.
MMS may at any time assign this contract and all rights and obligations under it, in whole or in part.
- PROCESSING OF PERSONAL DATA
By signing this contract, the CUSTOMER declares to have received and read a comprehensive information, as drafted pursuant to Articles 13 and 14 of EU Regulation 2016/679 (hereinafter, the "GDPR"), regarding the processing of its personal data by MMS.
Information pursuant to art. 13 of European Regulation no. 679 of 2016
on the protection of personal data
Pursuant to Art. 13 of European Regulation no. 679 of 2016 (hereinafter, the "Privacy Regulation"), Manet Mobile Solutions S.r.l. (hereinafter, "MMS", the "Owner" or the "Company"), with registered office in Rome, Via Edoardo D'Onofrio no. 67, 00155 Rome, tax code and VAT number 13464271009, telephone 06-40409801, mail firstname.lastname@example.org, in its capacity as the Data Controller of the personal data already communicated or which will be communicated in the future and from which the personal data are or will be collected, wishes to inform the party adhering to the Procurement Agreement (hereinafter, the "Interested") - concerning the task of proposing, to all those who may be interested, the purchase of eSim - that the data concerning him/her may be processed, in compliance with the above-mentioned regulations, by the Company in relation to pre-contractual and/or contractual relations that have taken place or that may take place in the future.
- Personal data source
The personal data acquired or that will be acquired in relation to contractual relations or in the pre-contractual phase, are collected directly from the interested party. All personal data collected are treated in accordance with current legislation and, however, with due confidentiality.
- Nature of collection
For the stipulation and execution of the contractual relationship, the collection of personal data is also obligatory since it is necessary to fulfil legal and fiscal obligations; refusal to provide such personal data will make it impossible to establish relations with the Company. The relative treatment does not require the consent of the interested party.
- Purpose of processing and legal basis of processing
The collection or processing of personal data has the sole purpose of adequately fulfilling the obligations connected with the performance of the Company's economic activity and in particular for the following purposes
- the performance of pre-contractual activities and the acquisition of preliminary information for the purposes of entering into a contract;
- the management of the contractual relationship and all administrative, fiscal, operational, management and accounting activities relating to the contract;
- any management of litigation, breach of contract, warnings, settlements, arbitration, legal disputes, etc.;
- the fulfilment of the obligations provided for by laws, regulations, community rules and provisions issued by public authorities.
The data processing is carried out by virtue of the fulfilment of pre-contractual and/or contractual and legal obligations related to the relationship established between the interested party and the Company, pursuant to art. 6, paragraph 1, lett. b) of the Privacy Regulation.
- Treatment modes
The processing of personal data will be carried out in a lawful and correct manner and, in any case, in accordance with the aforementioned legislation, using instruments that guarantee security and confidentiality and can also be carried out using computer tools to store, manage and transmit the data.
The treatment will be carried out, primarily, by internal staff of the Company, for the purposes indicated above.
Personal data will be stored in a form that allows the identification of the interested party for a period of time not exceeding that necessary for the purposes for which they are collected and processed.
- Treatment duration
The personal data subject to processing will be kept for the time strictly necessary with regard to the contractual relationship and, subsequently, for the fulfilment of all legal and/or accounting obligations connected with or deriving from the contract entered into by the interested party with the Company.
- Recipients of personal data
Without prejudice to communications made in compliance with an obligation of law, regulation or legislation, the communication, even by simple consultation or making available of personal data concerning the person concerned may be made to the following subjects:
- public bodies, supervisory bodies, authorities or institutions;
- natural or legal persons who provide specific services, such as - by way of example but not limited to - data processing, logistics and postal services, legal, administrative, tax and/or accounting consultancy, etc.;
- commercial intermediaries, banks and credit institutes, financial intermediation companies, natural or legal persons in charge of credit recovery, independent collaborators of the Company, etc.
The aforementioned subjects operate as autonomous Data Controllers.
In any case, to the mentioned subjects are transferred exclusively, if not aggregated personal data and in anonymous form, the personal data necessary and relevant to the purposes of the treatment to which they are assigned.
The list of such third parties will be constantly updated and accessible to the interested party upon request to the Company. By virtue of the existence of links with the same by telematic, computerized or correspondence means, personal data may be made available abroad, possibly even outside EU countries in consideration of the existence of the relative consent, of an adequacy decision or on the basis of standard contractual clauses.
Personal data will not be disseminated in any case.
- Rights of the interested party
The interested party has the right to exercise, at the addresses of the Owner previously indicated, the rights of access to personal data provided by art. 15 of the Privacy Regulation and the rights provided for by Articles 16, 17, 18, 21 of the Privacy Regulation regarding the rectification, cancellation, limitation of processing and the right to object, in the manner established by art. 12 of the Privacy Regulations and within the limits established by art. 2-undecies of Legislative Decree. June 30, 2003, no. 196, as amended by Legislative Decree. August 10, 2018, no. 101 (hereinafter, the "Privacy Code").
- Right to complain ex 77 of the Privacy Regulation
If the Company does not provide feedback to the interested party within the time provided for by law or the response to the exercise of his rights is not appropriate, the same may complain to the Guarantor for the protection of personal data, at the following coordinates: website www.gpdp.it o www.garanteprivacy.it, email email@example.com, fax (+39) 06.69677.3785, telephone switchboard (+39) 06.69677.1.
- Further information
Further information regarding the processing and communication of personal data may be requested from the Company.
The updated list of Data Processors, where appointed, is available at the Company.
The Controller has appointed a DPO, who can be reached at firstname.lastname@example.org.