CLACK.DIGITAL END-USER LICENSE AGREEMENT (EULA)

Version 1.0.0 - 8 April 2024

PREMISES:

PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This End-User License Agreement ("EULA") is a legal agreement between (a) You (or "User" - either an individual or a single entity, even as declared to ORASTRON - if requested - by personal data communication required on the licensing website) and (b) Orastron srl unipersonale ("ORASTRON"), located in Italy (registered office in Via Pasquale Voso, 20/D - 84043 Agropoli (SA) - Italy - VAT ID IT05975760652, e-mail: info@orastron.com), that governs your use of any Software Product, made available by ORASTRON with this EULA attached.

BY CLICKING "I AGREE", “ACCEPT” OR SIMILAR CLICK BUTTON / CHECK BOX AND/OR BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT (INCLUDING DOWNLOADING), YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY (18-YEAR-OLD) AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT AND (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE EULA TERMS, DO NOT USE THE SOFTWARE PRODUCT.

THIS EULA SHALL ALSO FULLY APPLY TO THE ACCESS AND USE OF THE SOFTWARE VIA WEB-BASED PLATFORMS (IF PROVIDED) - THIS INCLUDES, BUT IS NOT LIMITED TO, ACCESSING THE SOFTWARE THROUGH ANY WEB BROWSER, WEB INTERFACE, OR CLOUD-BASED SERVICE PROVIDED OR AUTHORIZED BY ORASTRON. WEB ACCESS TO THE SOFTWARE VIA WEB-BASED PLATFORMS, INTERFACES, OR SERVICES SHALL BE CONSIDERED EQUIVALENT TO THE LOCAL INSTALLATION OR DOWNLOAD OR ACTIVATION OF THE SOFTWARE.

GRANT OF LICENSE. The Software Product, which is owned by ORASTRON and may include associated media, and "online" or electronic documentation (collectively the "Software Product") and any third-party software used within the Software Product ("Third-Party Software"), such as software libraries etc., fall within the scope of this EULA. ORASTRON grants You the following non-exclusive rights, provided You agree to and comply with all terms and conditions of this EULA:
1. Use. You may use the Software Product on your device (or devices if the Software Product is licensed to You for use on multiple devices). You may not use the Software Product on additional devices and do not have the right to distribute the Software Product. You agree to only use the Software Product as expressly permitted herein.
2. Reservation of Rights. The Software Product is licensed - not sold - to You by ORASTRON. ORASTRON and its suppliers own all rights, title and interest in and to the Software Product and reserve all rights not expressly granted to You in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.
3. Forbidden uses. You are strictly forbidden to add, change, or otherwise modify the Software Product and/or its features and/or interfaces related to the Software Product, except what is allowed by applicable laws.
  You may not (i) rent, sell, lease, license, sublicense, assign, distribute or otherwise transfer in whole or in part the Software Product to another party, except as set forth in Article 1.h; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without ORASTRON prior written consent; or (iii) modify or create derivative works based upon the Software Product.
  If the Software Product contains or includes audio content such as samples, sound sets, presets, and/or audio loops ("Audio Content"), You may use such Audio Content to create your own original soundtracks for your commercial or non-commercial audio productions, which may be broadcasted and/or distributed to your discretion. However, You may not distribute the Audio Content on a standalone basis, nor may such Audio Content be repackaged in whole or in part as audio samples, sound libraries, sound effects, music beds, audio plugins, virtual or other music instruments.
4. Backup copies. If not specified otherwise in writing by ORASTRON, You may own only one copy of the Software Product for private back-up purposes. If it should be necessary for the correct use of the Software Product, You may copy the Software Product on a back-up device, as long as the copies are not used in any other way, installed on, or used on other devices and provided the use of the back-up device is interrupted when the original device or its substitute becomes operational again. You may copy the original Software Product up to the amount of copies authorized by ORASTRON. You shall not copy the Software Product on to a public communication network or sharing service.
5. Supplemental Materials. The Software Product may be accompanied with supplemental materials, such as software libraries or data, provided to You under different terms than this End-User License Agreement (EULA) and/or to which different copyright notices apply, as specified in the Software Product itself. In these cases, this EULA does not govern such supplemental materials, and ORASTRON expressly disclaims any and all liability to You or any third party in relation to them.
6. Configuration. You agree that it shall be your sole responsibility to ensure that any security or other settings on your hardware or software, including without limitation any routers or switches over which the Software Product may communicate with any equipment, are properly configured to enable such communication.
7. Support not included. ORASTRON will not provide any support services under this EULA, except as mandated by applicable (consumer or similar) law or as expressly outlined in other contractual terms and conditions; this EULA does not give You any rights to any updates or upgrades to the Software Product or to any extensions or enhancements to the Software developed by ORASTRON at any time in the future.
  ORASTRON may offer support and subscription services separately. If You have purchased ORASTRON support and subscription services with the Software Product, these services are provided to You under the Contract Terms and Conditions supplied by the authorized Seller from whom You have purchased the devices and/or the software. Any supplemental software code or related materials that ORASTRON provides to You as part of any support and subscription services are to be considered part of the Software Product and are subject to the terms and conditions of this EULA, unless otherwise specified.
8. Type of Licenses: the specific conditions of three possible licenses are described and governed below, and specified in the Software Product; the subsequent contractual articles may apply to the extent that they do not contradict the provisions set forth in this Article 1.h.
  1. Freeware without any verification:
    1. License Grant: The User is authorized to download and use the Software Product free of charge. This Software Product is provided as freeware, and no User registration is required for its use.
    2. No Warranty: The Software Product is provided 'as is' without any warranties of any kind, either express or implied, if admitted by the law.
    3. No Redistribution: The User is not authorized to redistribute or transfer the Software Product to third parties.
    4. Data Collection and Privacy: The Software Product will not collect User and device information.
  2. Freeware, NFR (Not for Resale), particular conditions (e.g. beta tester) or Paid Software with verification - via Web Site (https://clack.digital/) and third-party sites excluding App Stores (Apple App Store, Google Play Store, etc.):
    1. Registration and Activation: Depending on the version, the User may obtain the Software Product after registration or as a demo via anonymous download from the Web Site or third-party sites. Upon initial use, the Software Product might prompt for registration on the Web Site or require association with a Web Site user account. This process might involve transmitting the User's explicitly provided e.g. email address, a non-interactive machine identifier and/or other data better explained in the Privacy Policy (https://clack.digital/eula-1.0.0#privacy-policy).
    2. License Activation and Verification: At every startup, and possibly during operation, the Software Product might locally check for activation. If connected to the internet, it might also attempt to verify activation with the server, transmitting the same data.
    3. License Transfer (Paid-Software only): Generally, a registered User may transfer a Software Product (if such Software Product is also registered with the User’s account) to another registered User. Prior to the transfer, the end user receiving the transferred Software Product must agree to all the EULA terms. This process may require email addresses of both parties, or may involve an automated system, and a transfer fee may be applied. If and once your license has been transferred to a third party, your license is automatically terminated, subject to Section 7(d) of this EULA. For further information, see here: https://clack.digital/faq#license-transfer.
      ORASTRON does not oversee or manage the terms, including any financial aspects, of transfers between users.
    4. Data Collection and Privacy: The Software Product will collect certain User and device information for activation and verification purposes. This collection will be in compliance with applicable privacy laws and regulations. Read the attached Privacy Policy (https://clack.digital/faq#license-transfer) for any information.
    5. Scope of Use: You may install and personally use the Software Product associated to one account on up to 5 devices. The Software Product may not be used on a network by third-party users, unless each user possesses a license.
  3. Freeware, NFR (Not for Resale), particular conditions (e.g. beta tester) or Paid Software - via App Stores (Apple App Store, Google Play Store, etc.):
    1. Acquisition Through App Store. The User obtains the Software Product through an App Store, paying the applicable fee, if any.
    2. Account Linkage. While a Software Product purchased through third-party App Stores is typically linked to the User’s store account (e.g., Apple, Google), and license transfer between accounts is not permissible, the User might still need to associate the Software Product with their account on ORASTRON's servers, providing similar data as in other scenarios.
    3. License transfer. Transferring licenses acquired through App Stores between users is not supported by ORASTRON.
    4. Data Collection and Privacy. As with other scenarios, certain User and device information will be collected in compliance with privacy laws. Read the attached Privacy Policy (https://clack.digital/faq#license-transfer) for any information.
  Non-Paid Software, including freeware, NFR (not for Resale), demo and beta testing copies, cannot be resold or transferred.
UPGRADES. To use a Software Product identified by ORASTRON as an upgrade, You must first be licensed for the original Software Product identified by ORASTRON as eligible for the upgrade. After upgrading, You may no longer use the original Software Product that formed the basis for your upgrade eligibility and the upgraded software shall be deemed the "Software Product".
ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by ORASTRON unless ORASTRON provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation (including titles and data bases) are owned by ORASTRON or its suppliers and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software Product are valuable trade secrets and confidential information of ORASTRON and its suppliers. You shall not remove, alter, or obscure any product identification, copyright notices, proprietary restrictions, or other legal notices from the Software Product.
LIMITATION ON REVERSE ENGINEERING. Except to the extent that such restriction is not permitted under applicable law, You are not permitted (and You agree not to) reverse engineer, decompile, disassemble or create derivative works of or modify the Software Product. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to You other than those explicitly granted under this EULA. ORASTRON reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of the Software Product, failure to comply with the restrictions in this EULA, or any other breach of the license herein, will result in automatic termination of this Agreement. You acknowledge and agree that such actions will cause immediate, irreparable harm to ORASTRON for which monetary damages would be an inadequate remedy, and that injunctive relief may be sought by ORASTRON in such cases (if deemed to be appropriate by ORASTRON).
FEE. In case of a Paid Software version, You agree to pay the Software Product any license or other due fee as otherwise stated on the Web Site (https://clack.digital/) or other EULA exhibits or purchase documents. You shall pay all applicable Fees when due, and according to the payment terms specified in the invoice. Any failure to pay Fees within a period of 30 days from the due date may cause your access to the Software Product to terminate immediately, and will be deemed a material breach of this Agreement.
TERM, SALE TERMS AND AGREEMENT UPDATING.
1. This EULA can be terminated if it is required to do so by law. Your license to use the Software Product under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing the use of all or any of the Software Product and by destroying all copies of the Software Product in your possession and control.
2. This EULA will also terminate immediately and without additional notice in the event You breach this EULA and/or fail to comply with sections 1, 4, 5, 7, 9, 10, 11, 13 or 17 of this EULA. All terms which by their nature should survive termination of this EULA shall survive its termination.
3. If You are identified as a 'consumer' under the Italian Consumer Code (Codice del Consumo), Legislative Decree No. 206, dated September 6th, 2005, additional terms and conditions will apply. In the event of any conflict, these supplemental terms and conditions will take precedence over this EULA.
4. Upon termination, You must immediately cease all use of the Software Product, destroy all copies of the Software Product, and remove all copies of the Software Product from any and all computer systems, servers, storage and devices in your possession, custody or control. Upon request, You will certify in writing to ORASTRON that You have complied with these requirements.
5. ORASTRON reserves the right to periodically update the terms of this EULA. Any changes will be announced on the Web Site at https://clack.digital/ and sent to You by e-mail (if provided). Continued use of the Software Product following such notifications will be deemed as your acceptance of the revised terms. If the changes materially alter your rights or obligations, we will make reasonable efforts to notify You of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when You access the Software Product for the first time after such material changes are made.
PRIVACY AND DATA PROTECTION. The personal data shall be processed as stated in the linked Privacy Policy: https://clack.digital/eula-1.0.0#privacy-policy.
You acknowledge and agree that some or all of the Software Products may be designed to anonymously connect to ORASTRON's servers. This connection is established for the sole purpose of searching for and retrieving news, updates, and notifications intended for the User ("Updates"). These Updates may include, but are not limited to, software patches, bug fixes, enhanced functionalities, and other relevant information that ORASTRON deems necessary for the User to have an optimal experience with the Software.
The Software's ability to connect to ORASTRON's servers and receive Updates require no personal identification or the submission of personal data from the User. The connection is established in a manner that ensures the anonymity of the User, adhering to ORASTRON's privacy and data protection policies. By using the Software, You consent to this anonymous connection and the receipt of Updates as described above.
The Software Product may give You the possibility to opt-out of receiving these Updates at any time. In such cases, You acknowledge that doing so may affect the functionality and security of the Software.
DISCLAIMER OF WARRANTIES.
1. YOU AGREE THAT THE USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY PERFORMANCE, ACCURACY AND EFFORT. Use of the Software Product may adversely affect the operation of other software and devices. To the maximum extent permitted under applicable law, the Software Product is offered on an "AS-IS" basis and ORASTRON does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free or that such errors will be corrected. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications or scenarios in which failure could cause any significant damage or injury to persons or tangible or intangible property, and You assume responsibility for the use and results obtained from the Software Product.
2. EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY ACCOMPANYING THE SOFTWARE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORASTRON AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND THIRD PARTY SOFTWARE "AS IS" AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT AND THIRD PARTY SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ORASTRON OR AN ORASTRON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in its entirety (in particular, if You are a consumer - in this case, read the sale terms that may apply to the software/device purchase, also by a third-party). To the extent applicable law requires ORASTRON to provide warranties, You agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.
3. IN NO EVENT DOES ORASTRON PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE PRODUCT IS DESIGNED TO BE USED, AND ORASTRON DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF, UNLESS OTHERWISE STATED ON THE WEB SITE OR OTHER APPLICABLE TERMS OR IF MANDATORY ACCORDING TO THE LAW.
4. The Software Product may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites. By using the Software Product, You acknowledge and agree that ORASTRON is not responsible for any aspect of such third party materials or web sites. To the maximum extent permitted by applicable law, ORASTRON does not warrant, endorse, guarantee, or assume responsibility for any third party materials, and will not be liable in any way for any damages or losses incurred from the use of any such materials. You agree that any third party materials can contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Software Product.
CONFIDENTIALITY. The Software Product and any other proprietary information, technology or know how provided to You by ORASTRON (in any form) in connection with your utilization of the Software Product is the confidential information of ORASTRON ("Confidential Information"). You will use the Confidential Information only as expressly authorized in this EULA and You will protect the Confidential Information from unauthorized use, dissemination, or publication by using the same degree of care as You would use to protect Your own confidential information, but no less than a reasonable degree of care. You are not obligated with respect to Confidential Information that (a) is or becomes a matter of public knowledge through no fault of Yours; (b) is rightfully received by You from a third party without a duty of confidentiality; (c) is independently developed by You; (d) is disclosed under operation of law or (d) is disclosed by You with ORASTRON's prior written consent. Unauthorized use or disclosure of Confidential Information may cause ORASTRON irreparable harm; therefore, ORASTRON will have the right to enforce this EULA and any of its provisions by any equitable relief.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORASTRON OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED WITH THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF ORASTRON OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You in part of whole.
ORASTRON is not obligated to maintain or support the Software Product, or to provide You with updates, fixes, or services related thereto. Nevertheless, You agree to use the Software Product at your own risk and that ORASTRON shall not have any liability to You with respect to such content.
In no event shall ORASTRON’s total liability to you for all damages, other than as may be required by applicable law (e.g. in cases involving personal injury), exceed the amount actually paid by you for the Software Product.
Other applicable terms (e.g. sale terms) or laws may supersede this provision.
INDEMNITY. You agree to indemnify and hold ORASTRON and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct.
ASSIGNMENT. You expressly recognize to ORASTRON the power to transfer to third party, in whole or in part, for the entire world or single countries, temporarily or permanently, all the rights granted with this Agreement or some of them; in this event, ORASTRON will be released from all responsibilities and obligations deriving from the Agreement, which will be fully and solely assumed by the applicable assignee.
Transfers and assignments signed by ORASTRON according to the previous section, are approved by You since now and ORASTRON does not need Your permission every time it decides to transfer the rights. A notice will be sent to your last known email address on file with ORASTRON at the time of the assignment, if any was provided.
COMPLIANCE WITH LAWS. You shall comply with all applicable laws and regulations, in particular of the Italian State and European Union. You further agree that You will not use the Software Product for any purpose prohibited under applicable laws.
APPLICABLE LAW. This EULA is governed by the laws of the Italian State, without regard to its conflict of laws principles, with respect to any proceedings arising from this EULA. The parties hereby agree that this Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
ODR. If a dispute arises in connection with this Agreement, the parties will try in good faith to settle it through mediation conducted by the European Online Dispute Resolution Service (https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2) and resolved in accordance with its Rules. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. Costs of arbitration, including lawyers' fees, will be allocated by the ODR or the applicable law.
GENERAL.
1. Entire agreement and Third-party Store terms. This EULA and any other ORASTRON’s applicable agreement are the entire agreement between You and ORASTRON relating to the Software Product and it supersedes all prior or contemporaneous verbal or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA.
  Notwithstanding any provisions to the contrary within this Agreement, in the event that the Software is downloaded from an authorized third-party digital distribution platform or store ("Store"), the terms and conditions, as agreed to by ORASTRON, applicable to such Store may supersede the terms of this agreement. Specifically, in the cases of Apple App Store (https://www.apple.com/legal/internet-services/itunes/dev/minterms) and Google Play Store (https://play.google.com/about/developer-distribution-agreement.html) the terms and conditions of the Store, as linked, will prevail and be deemed overriding, to the extent that they differ from the terms set forth in this agreement. This provision is intended to acknowledge and accommodate the specific requirements and regulations that may be imposed by the Store from which the Software is obtained.
2. Headings. Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA.
3. Representation. If You are a business entity, then the individual accepting on behalf of the entity, represents and warrants that You have the authority to act on behalf, that You represent that You are duly authorized to do business in the country or countries where You operate, and that your employees, officers, representatives, and other agents accessing the Software Product are duly authorized to legally bind to this EULA.
4. Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
5. Severability. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.
6. Governing Law. This EULA will be exclusively governed by Italian law and the European Union laws, without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods shall not apply.
7. Forum Choice. You agree to submit to the exclusive jurisdiction and venue of Court of Milan (Italy) and waive any jurisdictional, venue or inconvenient forum objections to such court.
8. Acknowledgement. You declare and guarantee that this agreement has been read and examined by a legal expert, hence You have total acknowledgement of the juridical effects of the Agreement itself, including any usage of the English language.
9. Contact Information. If You have any questions about this EULA, or if You want to contact ORASTRON for any reason, please direct all queries to: info@orastron.com.

CLACK.DIGITAL EULA PRIVACY POLICY

Privacy Notice for Orastron srl unipersonale Software Product Under the GDPR

This privacy notice elaborates on Orastron’s data processing activities related to our Software Product as defined in the STANDARD END-USER LICENSE AGREEMENT (EULA), under General Data Protection Regulation 2016/679.

Under the General Data Protection Regulation (GDPR), a "Data Controller" refers to the entity (such as a company, organization, or individual) that determines the purposes and means of processing personal data. In the context of a privacy notice, the Data Controller is the entity responsible for collecting, using, storing, and safeguarding the personal data provided by the data subjects (users, customers, etc.), and ensuring that all data processing activities comply with the GDPR and other relevant data protection laws. The Data Controller must be transparent about how it processes personal data and must uphold the data protection rights of data subjects whose data it processes.

Data Controller:
- Company: Orastron srl unipersonale
- Address: Via Pasquale Voso, 20/D — 84043 Agropoli (SA), Italy
- Email: info@orastron.com
Purposes of Data Processing and Data Retention Periods:
1. Activation and Verification:
  - Purpose: Ensuring software legality and preventing unauthorized use.
  - Data: Machine identifiers, user credentials.
  - Retention: Until license expiry.
  - Legal Basis: Contract performance (Art. 6(1)(b) GDPR); legitimate interest in protecting intellectual property (Art. 6(1)(f) GDPR).
2. Support:
  - Purpose: Providing user assistance and technical support.
  - Data: Contact information, feedback, technical data.
  - Retention: Duration of support request.
  - Legal Basis: Contract performance (Art. 6(1)(b) GDPR).
3. Software Improvement:
  - Purpose: Enhancing software functionality.
  - Data: Usage patterns, feedback (anonymized/aggregated).
  - Retention: As needed for improvement purposes (up to a maximum of 6 months).
  - Legal Basis: Legitimate interest in improving and optimizing the product (Art. 6(1)(f) GDPR).
4. Legal Obligation Compliance:
  - Purpose: Adhering to legal requirements (tax laws, regulatory compliance).
  - Data: Transaction records, user identifiers.
  - Retention: As mandated by relevant laws (e.g. 10 years for Italian Civil Code).
  - Legal Basis: Compliance with legal obligations (Art. 6(1)(c) GDPR).
5. Legal Defense:
  - Purpose: Protecting Orastron's interests in legal proceedings.
  - Data: Relevant user data, transaction history.
  - Retention: Until the conclusion of legal action, plus necessary post-trial period.
  - Legal Basis: Legitimate interest in defending legal claims (Art. 6(1)(f) GDPR).
6. Information Security:
  - Purpose: Protecting against cyber threats, unauthorized access.
  - Data: Access logs, security incident reports.
  - Retention: As long as necessary for security analysis and improvement (up to a maximum of 6 months).
  - Legal Basis: Legitimate interest in ensuring network and information security (Art. 6(1)(f) GDPR).
Data Recipients: in the context of GDPR, "Data Recipients" are entities or individuals that receive personal data from the Data Controller. These recipients can include third-party service providers, partners, legal authorities, or any other organization or person to whom the Data Controller discloses personal data as part of its processing activities. Data Recipients are distinct from Data Processors, as they may not necessarily process the data on behalf of the Controller, but rather receive it for their own purposes. The Data Controller is responsible for ensuring that any transfer of data to recipients adheres to GDPR requirements, including data protection and security standards. The identity or categories of Data Recipients are often disclosed in a privacy notice to maintain transparency with the data subjects about where and with whom their personal data is being shared.
Categories:
- Service Providers: Entities providing IT support, hosting, maintenance, and cloud storage services. These providers play a crucial role in ensuring the functionality and availability of the software.
- Legal and Regulatory Authorities: In cases where legal obligations arise or for legal defense purposes, personal data may be disclosed to relevant authorities. This ensures compliance with laws and regulations, including responding to legal requests or court orders.
- Security Specialists: Professionals or firms specializing in cybersecurity and data protection. Their role involves analyzing and enhancing the security of the software and protecting against cyber threats.
- Business Consultants: This includes legal, fiscal, and other business advisors. These consultants may access certain data in the course of providing their services, such as legal advice, tax planning, or business strategy development.
- Payment Processors: For handling transactions, payment processors may access necessary user payment information. This is crucial for processing purchases, subscriptions, or other financial transactions related to the software.
Data Subject Rights: as a user of Orastron's Software Product, under the General Data Protection Regulation (GDPR), you are entitled to various rights regarding the processing of your personal data. These rights are designed to give you greater control and transparency over your data. It's important to understand these rights, as they allow you to influence how your information is handled and protected by Orastron.
Under Articles 15-22 of the GDPR, data subjects (individuals whose data is being processed) are granted specific rights concerning their personal data. Here's a more detailed explanation:
- Right to Access (Art. 15 GDPR): You can request confirmation whether your data is being processed and, if so, access to the personal data. This includes information about the purposes of processing, the categories of data concerned, and the recipients or categories of recipients.
- Right to Rectification (Art. 16 GDPR): You have the right to have inaccurate personal data corrected. This also includes the right to have incomplete personal data completed, such as by providing a supplementary statement.
- Right to Erasure ('Right to be Forgotten', Art. 17 GDPR): Under certain conditions, you can request the deletion of your personal data. This is applicable particularly when the data is no longer necessary for the purposes it was collected or processed, or if you withdraw consent on which the processing is based.
- Right to Restrict Processing (Art. 18 GDPR): You have the right to request a restriction on the processing of your personal data under certain circumstances, such as if you contest the accuracy of the data or if the processing is unlawful.
- Right to Data Portability (Art. 20 GDPR): This right allows you to receive your personal data in a structured, commonly used, and machine-readable format and transmit it to another controller, where technically feasible. This applies when the processing is based on consent or a contract and is carried out by automated means.
- Right to Object (Art. 21 GDPR): You have the right to object to the processing of your personal data based on legitimate interests pursued by the controller or a third party. Upon objection, the controller must no longer process the personal data unless they demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims. This right is particularly relevant in direct marketing contexts, where you can object to processing for such purposes at any time.
- Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority, particularly in the member state of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR. E.g. in Italy You can file a complain to the Garante per la protezione dei dati personali.
Additional Information:
- International Data Transfers: Data may be transferred outside the EU under GDPR Chapter V provisions, including adequacy decisions like the Data Privacy Framework for the USA, ensuring equivalent data protection.
- Contact: For inquiries or requests regarding your data, contact Orastron srl unipersonale.