Terms of Service and Privacy Policy

The terms and conditions hereunder (the “Terms and Conditions”) govern the offer of web-based services by eFM S.p.A., a public limited company incorpo-rated under the laws of Italy, with registered office in Rome at via Laurentina no. 455, VAT number 06807661001 (“eFM”).

1. Definitions

For purposes of these Terms and Conditions, the words hereunder shall have the meaning ascribed thereto in this section:

“Advertiser”: means any individual or legal entity displaying Properties’ adverts on the Platform;

“Booking”: has the meaning referred to under section 6 of these Terms and Conditions;

“MYSPOT pass”: has the meaning referred to under section 11 of these Terms and Conditions;

“Platform”: means the online platform held by eFM at the following web address: myspothub.com;

“Privacy Policy”: has the meaning referred to under section 2 of these Terms and Conditions;

“Property”: means any co-working space, office, work station o building whatsoever advertised on the Platform;

“Ranking System”: has the meaning referred to under section 5 of these Terms and Conditions;

“Subscription Fee”: has the meaning referred to un-der section 11 of these Terms and Conditions;

“User”: means any individual or legal entity entering the Platform and using the Services.

Where the context so allows, any words above used in the singular shall be deemed to include the plural and vice-versa.

2. Scope

These Terms and Conditions shall apply to the use of Services, regardless of the place where the Platform is accessed from, and irrespectively of the place where the Users or the Advertisers have their own registered office, residence or principal place of business. The Terms and Conditions shall also apply regardless of whether the Users and the Advertisers are individ-uals or legal entities, and regardless of the reason why the Services are used, be it personal or professional. Users are required to carefully read the Terms and Conditions hereunder, as well as any other infor-mation needed or useful to access the Platform, in-cluding the privacy policy (the “Privacy Policy”) pub-lished by eFM on its website at the following web page: www.myspothub.com. By entering the Platform, the Users undertake to com-ply with these Terms and Conditions. The Terms and Conditions shall supplement the writ-ten agreements that eFM, the Users and the Adver-tisers might agree upon from time to time, as the case might be, it being understood that, in the event of a conflict between the Terms and Conditions and said agreements, the latter shall prevail. eFM reserves the right to periodically change the Terms and Conditions by means of a written notice to be published on the following web page Terms & Conditions.

3. Terms of Services

Users are granted a limited, non-exclusive, non-transferable right to use the Service. The Services provide an interface in the transactions between Users and Advertisers and the relevant use is restricted to Users of age only. Minors may only use the Services under the supervision of an adult. Any agreement between Users and Advertisers, in-cluding those on Properties’ use and terms of access, does not concern eFM and falls outside the scope of these Terms and Conditions. eFM provides no warranty whatsoever as regards the goodness or the outcome of any such agree-ments, so that no request for refund, compensation or repair whatever the reason can be brought against eFM. Any complaints or claims in respect of the Properties (including those related to price and policy) shall be dealt with by the Advertisers, without any liability attributable to eFM.

4. Properties Information

All Properties’ information disclosed on the Platform, if any (including but not limited to information on Prop-erties’ rates, fees, prices, availability, characteristics and policies) is delivered by the Advertisers, which remain responsible at all times for the relevant accu-racy, lawfulness and update. All Properties’ characteristics and technical specifica-tions published on the Platform shall be deemed known by the Users. eFM is not responsible for the Properties’ use and suitability and makes no representations or warranties of any kind in this respect. Any information, description or specification laid down in the Platform, or any other promotional or illustrative material provided for by eFM or the Adver-tisers, shall be deemed as purely indicative. While eFM shall use all reasonable care to ensure that Properties information is accurate, it shall not be held responsible for any inaccurate, misleading or untrue information.

5. Ranking

While the Platform does not constitute, and shall not be regarded as, a recommendation or an endorse-ment of any Advertiser or Property whatsoever, priori-ty might be given to specific Properties or Advertisers based upon an ever-evolving and algorithm-related ranking system aimed at matching Properties and Users’ preferences (the “Ranking System”). The Ranking System shall be designed in such a way as to scrutinize a multitude of criteria and may pro-duce different results depending on Users’ choices, locations and past browsing activities, as well as Properties’ popularity among Users, relevant customer service history (including the number and type of Users complaints) and certain booking-related data (e.g. number of bookings, cancellations, conversion rate, overbookings, availability, etc.).

6. Registration

A guided procedure is available on the Platform in order to enable the possibility to book one or more Properties (the “Booking”). For purposes of the Booking, Users shall sign up online by truthfully entering their name, e-mail address as well as user name and password of choice. Registra-tion through social media may also be allowed. Users are required to treat their login information con-fidential and shall be held liable for any and all activ-ities pursued through their accounts. When signing in, Users shall make sure that all data provided are correct and complete. Should the data provided change, Users shall modify the information accordingly, without delay. While wrong data may hinder the Booking, eFM shall not be responsible or liable for – and shall be under no obligation to verify – any wrong or misspelled infor-mation, including but not limited to email addresses, phone numbers or credit card numbers. Any failure to use an account for more than one (1) year may result in its permanent deletion.

7. Processing of Requests

Booking confirmations shall be sent to the Users via email or through the Advertisers’ automatic confirma-tion system which might be available on the Platform. Should the Users fail to receive a confirmation within 24 hours from their Booking, a communication shall be sent according to the provisions under section 20 of these Terms and Conditions. eFM shall not be obliged to process Bookings and cannot guarantee that Bookings, requests or com-munications are duly and timely received, executed or accepted by the Advertisers. Bookings acceptance is subject to Properties’ avail-ability and left to the discretion of the Advertisers, without any liability whatsoever attributable to eFM. Shouldn’t a Booking be accepted or processed by eFM, nothing shall be due to the Users by way of reimbursement, compensation for damages or in-demnity whatsoever, except for the case of fraud or gross negligence of eFM.

8. Booking Costs

Properties may have different prices depending on their characteristics. Prices are provided for by the Advertisers and are displayed on the Platform inclusive of VAT, taxes and duties, as well as the fees due to eFM for the provi-sions of Services. Fees due to eFM are entirely borne by the Advertisers and may vary depending on the Properties’ charac-teristics. Prices are displayed per person or group and shall be subject to validity or expiration, as indicated on the Platform, if applicable. Further fees and taxes may be charged by the Ad-vertisers, also in the event of a no-show or cancella-tion. Cheaper rates may be available on the Platform for a specific stay, Property or period of time and subject to special restrictions or conditions, such as non-cancellation and non-refundable options. Properties’ details and prices shall be thoroughly scrutinized by the Users prior to making any Booking. eFM and the Advertisers shall be entitled to make all changes to the Properties’ prices and costs, as they deem fit, at any moment in time and without any notice. It is understood that eFM shall not be liable for any inaccuracies in the prices nor any typographical or transcription errors.

9. Payments

All fees and costs envisaged under these Terms and Conditions shall be paid by credit card or through any other means of payment allowed on the Plat-form. eFM reserves the right to apply limitations to payment methods for security purposes or any other reason whatsoever. Users may be requested to provide a payment method when signing in, or upon Booking, and may be granted the possibility to change their billing and payment information according to the procedures envisaged on the Platform. By providing a payment method, Users represent and warrant that:

a) they are authorized to use the payment method provided;

b) they are informed that Advertisers may require upfront payments and that their methods of payment may be pre-authorised or charged for the Booking without any option for refund;

c) they are informed that the price agreed upon may be debited in advance, when accessing the Property, shortly after the Booking, or on a re-curring basis, as the case might be.

The payment of the agreed price is deemed to be made when the relevant sums are at the Advertisers’ disposal. It is understood that any expenses or bank commis-sions due to the payment shall be borne by the Users. In case of non-payments or late payments of a part or the entire agreed consideration, the Advertisers shall be entitled to charge interests on the outstand-ing amount without prior reminder. Such an interest shall run from the day after the expiry of the term of payment until the day when the Ad-vertisers receive the actual payment of the entire amount due. Advertisers’ right to such an interest shall be in addi-tion to, and not in lieu of, any other rights or remedies which may arise from, or by reason of, said non-payments or late payments. In the event of non-payments or late payments, eFM shall be entitled to suspend the provision of Services or the access to the Platform and make them condi-tional upon the payment of all or part of the amount due or upon the issuance of adequate guarantees. With respect to the payments due under these Terms and Conditions, a general principle similar to the estoppel principle (solve et repete) applies. The Users shall never be entitled to retain or offset the amounts due to the Advertisers on the grounds of any claim against the Advertisers or eFM, whatever the reason. Users are requested to check Properties’ details thor-oughly prior to making any Booking and shall hold eFM harmless from any claim in connection thereof.

10. Invoices

Invoices hereunder may be automatically issued upon Booking or delivered by the Advertisers at a later stage. Delivery times and methods are chosen by the Ad-vertisers at their own discretion and may require the display of proper identification documents and proofs of payment.

11. MYSPOT pass

eFM does not (re)sell, rent out, offer or grant use over any of the Properties and declines any and all liabili-ties arising out in connection therewith. However, a service is offered by eFM whereby Users can access Properties on a subscription basis (“MYSPOT pass”). Through MYSPOT pass, Users may pay a subscription fee on a monthly or annual basis (the “Subscription Fee”), and be entitled to access a number of Proper-ties at a discounted price for a certain period of time, subject to Properties’ availability. Users acknowledge that MYSPOT pass is a non-cancellable and non-returnable option and accept that Subscription Fees be charged in advance of the applicable subscription period. Upon expiry of the selected subscription period, Users may be automatically signed up and billed for an additional subscription term, unless MYSPOT pass is terminated in writing prior to the end of the relevant period, according to the provisions under section 20 of these Terms and Conditions. Should the Subscription Fees return unpaid, eFM shall be entitled to terminate MYSPOT pass without notice.

12. Refund Policy

Unless otherwise provided for herein or by law, all payments, including MYSPOT pass purchases, shall be final and non-refundable. Should Users be charged in error, a communication shall be sent to that effect within 30 days from the charge, according to the provisions under section 20 of these Terms and Conditions. No refunds shall be given for any charges more than 30 days old. eFM reserves the right to issue refunds at its sole discre-tion, it being understood that the refund policy re-ferred to herein shall not affect any statutory rights which may apply.

13. Cancelation

Users may terminate the Services referred to hereun-der in writing according to the provisions under sec-tion 20 of these Terms and Conditions. Users are informed that upon cancellation:

a) they may not receive a refund;

b) they may be obligated to pay cancellation charges;

cc) they may be obligated to pay all charges made to their billing account before cancellation;

d) they may lose access to and use of their account.

14. Users Liability and Communications

The Services may allow Users to chat and send mes-sages to others, and/or allow eFM to send such mes-sages on Users’ behalf. While using the Platform, Users shall not under any circumstances harass or make mischief against other Users or Advertisers. Users undertake to use the contact details indicated in the Platform, and use the chat which may be available thereupon, for purposes of interacting and exchanging information with the Advertisers only, and commit to hold eFM harmless from any damage, loss, expense or request which may result from their behaviour. Users further undertake not to exchange messages inciting hatred and racial discrimination or illicit, vul-gar, defamatory or offensive material, nor any other material whatsoever which may jeopardize the rights of others, including eFM intellectual property rights. eFM declines any liability or responsibility for any communication made through the Platform. It is understood that Users cannot derive any rights against eFM from any request to – or any communi-cation with – the Advertisers. Moreover, should Users send, post, or otherwise pro-vide eFM or the Advertisers with any comments, content or other materials, such materials shall be treated as non-confidential and non-proprietary. By posting such materials, Users represent to eFM and the Advertisers that they own the materials. Never-theless, while Users retain ownership over the materials they post, they shall grant eFM a royalty-free, irrevo-cable, non-exclusive license (with rights to sublicense) to use and commercialize any ideas, concepts or know-how contained in such materials. eFM shall have no obligation of any kind with re-spect to such materials and will be free to copy, use, modify and distribute the materials to others, without limitation.

15. Licenses and Authorizations

Users must obtain, at their own care and expense, all needed licenses and authorizations which might be required by the law in order to access the Platform and use the Services.

16. Limitation of Liability

In addition to the other limitations set out in these Terms and Conditions, eFM’s liability, whatever the title, shall be expressively limited to the cases of inten-tional misconduct or gross negligence and up to an aggregate amount equal to cost of the Booking or MYSPOT pass purchase. eFM declines any and all liabilities for any damages, losses or costs suffered or incurred by the Users (i) pur-suant to, arising out of, or in connection with the use, the inability to use or the delay of the Platform, or (ii) due to acts, errors, breaches, negligence, wilful mis-conduct, omissions, non-performance, misrepresenta-tions, tort or strict liability of the Advertisers, including any cancellation or overbooking.

17. Limits to the Provision of Services

eFM reserves the right to modify, suspend or interrupt, in whole or in part, the provision of Services, including MYSPOT pass, at any time, without any notice.

18. Force Majeure

eFM shall not be liable for any failure to comply with its contractual obligations hereunder, neither shall be required to pay the damages, whenever such a failure is due to causes of force majeure (for example, without limitation, strikes, armed conflicts, interference of military and civil authorities, acts of terrorism, riots, disorders, sabotage, natural disasters, embargoes, fires including arson, unusual or unexpected price increases, power cuts, Properties unavailability), that is to say events outside of its control which go beyond the limits of predictability and control reasonably attributable to eFM. Whenever the provision of Services is made impossible or more burdensome for eFM by an event of force majeure, eFM shall be entitled to suspend the fulfil-ment of its own contractual obligations for the entire duration of the event, without any reimbursement being due to the Users.

19. Privacy

For the purposes hereunder, Users commit to supply their personal data and consent to the processing thereof, according to the provisions of the Privacy Policy.

20. Communications

All notices or communications made according to or in connection with these Terms and Conditions shall be in Italian or English and will be deemed duly given when delivered by hand, email or registered mail at the following addresses or such other addresses as eFM may notify on its website: eFM – Via Laurentina no. 455 – 00142 Roma – FAO – Daniele Di Fausto – email: efm@efmnet.com

21. Miscellaneous

Any failure of eFM to exercise the rights provided for in these Terms and Condition, as well as any partial exercise thereof, shall not constitute an acquiescence neither a waiver of those rights. Any invalidity of, or failure to implement, all or some of the clauses of the Terms and Conditions shall not affect the other provisions therein. The English version of these Terms and Conditions, regardless of any translation thereof, shall be the only authentic wording for interpretation purposes.

22. Applicable Law and Jurisdiction

These Terms and Conditions are governed by Italian law. The Users agree that any disputes related to the in-terpretation and/or the execution of these Terms Conditions or however arising out of, or related to, the use of the Platform or the Services shall be devoted exclusively to the Courts of Rome.

PRIVACY POLICY PURSUANT TO ARTT. 13 AND 14 OF EU REGULATION No. 679/2016 (GDPR)

This policy provides information to its Clients and Suppliers and describes the procedures followed by eFM S.p.A., registered office in Rome, Via Cristoforo Colombo, 283/A (hereinafter ”eFM”) in relation to the processing of personal data in accordance with art. 13 of Regulation (EU) no. 2016/679 (hereinafter the ”Regulation”).

According to the present policy, the below notions have the meaning described in the present section. All the terms here defined in the singular form are also intended to refer to the plural and vice versa.

A. “Special Categories of Personal Data”: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as the genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation;

B. “Consent of the Data Subject”: any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

C. “Biometric Data”: personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;

D. “Genetic Data”: personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;

E. “Personal data”: any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

F. “MYSPOT”: the eFM Platform to provide services, accessible at the www.myspothub.com web address;

G. “Profiling”: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

H. “Data Processor”: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller;

I. “Data Protection Officer”: the person designated by the Data Controller, according to Article 37et seq. of the Regulation;

J. “Services”: eFM services and activities, such as for instance (i) search and publishing of shared workspaces and workplaces (“co-working”), (ii) networking and marketing activities (iii) interaction with users;

K. “Data Controller”: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

L. “Data Processing”: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

M. M.“User”: any eFM Client or vendor accessing MYSPOT and/or availing of MYSPOT services.

1. DATA CONTROLLER, DATA PROCESSOR AND DATA PROTECTION OFFICER

The Data Controller is eFM.

eFM appointed a Data Protection Officer (DPO) who can be contacted at [dpo@myefm.it]

2. GENERAL PRINCIPLES AND SAFEGUARDS

eFM collects Personal Data for reasons of operational efficiency and to offer the best possible experience to its Users when accessing MYSPOT and providing the Services.

Users provide their Personal Data at the time of registration on MYSPOT, both directly and indirectly.

Some Personal Data is collected during Users’ interactions, through the use of technologies such as cookies.

Additional Personal Data is purchased from third parties such as, for example:

– social network;

– service provider;

– systems for determining the position based on the IP address;

– business partners;

– associated companies and/or companies belonging to the same eFM group;

– open government databases and/or other web pages.

eFM reserves the right to:

– process Personal Data in the public domain;

– treat particular categories of Personal Data with the consent of the interested party, unless there are legal exceptions;

– collect the information provided during correspondence and/or telephone conversations with Users (e.g. feedback and/or information shared during the provision of services).

The exchanges of correspondence and telephone conversations with the Users could be monitored and/or recorded.

eFM expressly declares and guarantees that the Personal Data of Users are:

– processed in a lawful, correct and transparent manner;

– collected for specific, explicit and legitimate purposes;

– adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimization”);

– accurate and, if necessary, updated;

– where required, deleted or rectified with respect to the purposes for which they are processed;

– kept in a form that allows the identification of the data subjects for a period of time not exceeding the achievement of the purposes for which they are processed;

– processed in such a way as to guarantee adequate security, including protection, encryption and pseudonymisation, by means of adequate technical and organizational measures.

3. PURPOSE OF THE PROCESSING

Pursuant to and for the purposes of Article 6 of the Regulation, eFM declares that the Personal Data of Users are processed for the following purposes:

a) a)Pre-contractual and contractual purposes: eFM collects Personal Data for (i) the provision, management and improvement of the Services (for both contractual and pre-contractual stages), including MYSPOT, as well as for (ii) the execution of contractual obligations, including administrative and/or accounting obligations, and (iii) the development of new features and support service. Examples of these uses include:

– Product offering: eFM uses Personal Data to offer its Services. Often these Services include features and personalized recommendations that improve the User Experience.

– Customer support: eFM uses Personal Data to diagnose problems relating to the Services, or to solve problems related to the use of MYSPOT.

– Product activation: eFM uses Personal Data to activate or confirm any Services chosen by Users.

– Product improvement: eFM uses Personal Data to constantly improve its Services and the satisfaction of Users, also by adding new features or functionalities.

– Security and protection: eFM uses Personal Data to protect the security of its Services and Users, and in order to detect and prevent fraud and enforce conventional use of MYSPOT, as well as any other means of accessing its Services.

– Communication: eFM uses the Personal Data collected to communicate with Users and customize their communications. For example, eFM reserves the right to contact Users by telephone, e-mail or other means to inform them of any unpaid payments and update them regarding the use of the Services.

With respect to this purpose, the legal basis of data processing lies in the contract and/or in the need to meet the requests of the Users: it is therefore not necessary to acquire the consent of the interested party.

The retention period of the Personal Data coincides with the duration of the relationship and/or the single operation, except for different legal obligations and/or different storage needs referred to in this policy.

b) Legal obligations: eFM may acquire Personal Data for the fulfilment of legal and / or regulatory obligations, including the obligations deriving from EU legislation, as well as for the fulfilment and / or response of orders, provisions and / or requests given and / or advanced by competent governmental, judicial, supervisory and / or control authorities, and for carrying out comparison and profiling activities.

With respect to this purpose, the legal basis of the data processing lies in the fulfilment of legal obligations: it is therefore not necessary to acquire the consent of the interested party.

The retention period of Personal Data for this purpose is differentiated according to the related legislation (e.g. 5 years, unless otherwise required).

c) Reporting and internal control purposes: eFM may acquire Personal Data for the purpose of verifying the functionality and adequacy of the internal organization, the compliance of internal processes with the provisions of the law, as well as the profiling and comparison activities.

With respect to this purpose, the legal basis of the processing lies, depending on the type of checks and analyses conducted, in the fulfilment of legal obligations or in the legitimate interest of the Data Controller: it is therefore not necessary to acquire the consent of the interested party.

The retention period of Personal Data for this purpose is differentiated according to the related legislation, without prejudice to the conservation needs for other purposes.

4. CATEGORIES OF PERSONAL DATA

The collected Personal Data depend on the type of interaction with eFM, on the choices made on MYSPOT, including the privacy settings, and on the functions used. The data collected for the purposes indicated above may include:

a) e-mail address or other contact details: eFM collects the contact details of the Users, the connections with other people or subjects;

b) Credentials: eFM collects passwords, password hints and similar security information used for authentication and account access;

c) Demographic data: eFM collects data on users such as age, country of residence and origin and preferred language;

d) Data relating to the device and its use: eFM collects data on the devices and on how the Users and their devices interact with MYSPOT. For example, eFM collects:

– Data on the use of the Services: this data includes search queries, selected settings and mostly used software configurations;

– Device, connectivity and configuration data: this data includes data relating to the device and the network used for connection and includes the IP address, device identifiers (such as the IMEI number for phones) and local and language settings;

– -Error reports and performance data: this data is useful for diagnosing any MYSPOT problems, as well as for improving its performance and may include data relating to the type and severity of the problem, software and hardware details;

e) Interests and preferences: eFM collects data on the interests and preferences of Users, such as the preferred language or the types of spaces booked. Users’ interests and preferences can also be derived or inferred from other collected data.

5. ENTITIES OR CATEGORIES OF SUBJECTS TO WHICH PERSONAL DATA MIGHT BE DISCLOSED

For the pursuit of the aforementioned purposes, eFM may disclose its users’ Personal Data to certain entities/subjects, such as:

a) Categories of subjects to whom Personal Data may be communicated for the pursuit of eFM legal, contractual or commercial purposes:

– subjects identified by law (for example, for purposes of management, assessment, litigation and collection of taxes, for exchange of information between authorities under bilateral international agreements; for justice administration; for supervisory, control and other legislation function);

– subjects that provide services for management of eFM information systems;

– subjects who process and manage information to/from eFM clients and suppliers;

– subjects who carry out document archiving activities;

– subjects who provide assistance to eFM clients and suppliers;

– entities that manage national and international systems or that provide services for the control and prevention of fraud;

– subjects who carry out investigations and activities in the fight against international terrorism;

– consultants;

– freelancers, public officials;

– subjects who carry out marketing activities or market surveys or contribute to the promotion of eFM or third parties products and services;

– subjects who control, review and certify activities carried out by eFM.

b) Categories of subjects to whom Personal Data may be disclosed, beyond reasons of eFM legal, contractual or commercial purposes, also for their own pursuit of autonomous commercial purposes:

– subjects to whom eFM offers products and services;

– subjects with whom eFM stipulates collaboration agreements;

– subjects resulting from eFM transformation, merger and acquisition operations.

Subjects belonging to these categories may use the received Personal Data as independent Data Controllers, unless they have been designated Data Processors by eFM.

eFM does not disclose its Users’ Personal Data, meaning by dissemination the disclosure of Personal Data to undefined subjects, including making them available for consultation purposes.

6. RIGHTS OF THE DATA SUBJECT

eFM informs its Users that the Regulation guarantees the exercise of specific rights to protect them. In particular, the Regulation provides for a specific right of access that allows users to receive confirmation of the existence of their Personal Data Processing, obtaining, if necessary, all the information required by law, as well as receiving a copy of the documentation.

Users can also exercise the following rights:

a) Rectification of inaccurate Personal Data or integration of incomplete Personal Data;

b) Erasure (so-called “right to be forgotten”) of Personal Data in the presence of particular conditions and reasons, such as in the case of Personal Data not necessary with respect to the purposes for which they are collected or in the case of illegitimate processing;

c) Limits to the processing of personal data, for example pending its rectification or correction;

d) Portability of Personal Data to another Data Controller if the processing is automated and based on consent or on a contract;

e) e)Opposition to data processing for specific purposes, such as direct marketing. The opposition is always possible and free in the case of advertising, commercial communication or market research purposes. Users may also object to automated processing, including profiling, which produce legal or otherwise significant effects on the person, unless the processing is necessary for the conclusion or execution of a contract or by law.

Whenever the processing is based on the release of the interested party’s consent, users have the right to withdraw their consent at any time. The consent revocation of the interested party does not affect the lawfulness of the processing carried out before the revocation.

For the purpose of exercising their rights, users can access their reserved area or send a specific request, enclosing a copy of their identity card and tax code, to the address:

eFM S.p.A.

Via Laurentina 455

00142 Roma

Users also have the right to lodge a complaint with the Data Protection Supervisor.

7. CONSEQUENCES OF THE REFUSAL TO TREATMENT

Users have the possibility to choose which Personal Data can be collected by eFM and can refuse the Data Processing.

However, whenever the processing is determined by the fulfilment of a legal or contractual obligation or constitutes a necessary requirement for the conclusion of a contract, the denial of processing or the withdrawal of the consent of the interested party may make it impossible for eFM to fulfil the requests.

8. MODIFICATION AND UPDATE

This information is updated on the date indicated above.

eFM reserves the right to make changes which will, in any case, be communicated.

CONSENT TO THE PROCESSING OF PERSONAL

The undersigned users give the following consent:

1. Information on MYSPOT and services provided by eFM:

□ GIVE MY CONSENT

to the Processing of my Personal Data by eFM, exclusively for the purposes referred to in point 3 sub e) of the policy (including the communication to third parties referred to in point 5) in relation to the products and services offered by eFM or other companies belonging to.

2. Processing of personal data:

□ GIVE MY CONSENT

to the Processing of my Personal Data by eFM – including the communication to third parties referred to in point 5), for related processing – exclusively for the execution of specific operations or for the supply and management of specific products / services requested by the undersigned, aware that, in the absence of such consent, EFM will not be able to perform those operations that require such processing or communication.