Fyne SRL , with registered office in Via Berardi 8, Taranto 74123 (Italy), VAT number 03273410732 (hereinafter, the "Data Controller" or, simply, "Data Controller"), owner of the online platform and application branded "JustSame" (hereinafter, the "App" or "JustSame"), as data controller of the data of the users of the App (hereinafter, the "Users") hereby provides the privacy policy pursuant to Art. 13 of the EU Regulation 2016/679 of 27 April 2016 (hereinafter, the "Regulation") and Article 13 of the UK General Data Protection Regulation (together with the Regulation, the "Applicable Legislation").
The Controller takes the right to privacy and the protection of personal data of its Users into the utmost consideration.
You may contact the data controller at any time, using the following methods:
The Data Controller has not identified the figure of the Data Protection Officer (DPO), as he is not subject to the obligation of designation under Article 37 of the Regulation.
JustSame is a platform that enables a User, without necessary registration, to assess the similarity between two face photos (hereinafter referred to as "Service " ).
In connection with the activities that can be performed through the App, the Controller collects personal data relating to Users.
This App and any services offered through the App are reserved for individuals who are at least fourteen years old. Therefore, the Owner does not collect personal data relating to subjects under the age of 14. Upon request of the Users, the Owner will promptly delete all personal data involuntarily collected relating to persons under the age of 14.
Users' personal data will be lawfully processed by the Data Controller for the following purposes:
(a) Contractual obligations and provision of the Service: to allow navigation on the App or to execute the General Terms and Conditions (https://appjustsame.com/terms-conditions.php) of the Service.
User data collected by the Data Controller for the purposes of registration on the App include:
● personal data whose transmission is implicit in the use of Internet communication protocols and/or the use of mobile applications, such as: IP addresses used by users connecting to the App, the URI (Uniform Resource Identifier) notation addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, log files and other parameters relating to the User's operating system and computer environment, the IP identifier of the device, the date and time of the request to the server, the User Agent of the device. The User's data collected by the Controller for the purposes of any contact or request for information includes: first name, last name, contact details, as well as any personal information that the User has voluntarily communicated to the Controller.
(b) Legal obligations, i.e. to comply with obligations laid down by law, an authority, a regulation or European legislation.
To enable the User to compare photos, JustSame uses the camera(s) of the User's device, to the extent permitted by the User. The device camera(s) is/are only activated following authorisation provided by the User when requesting activation from the device. While accessing the camera(s) of the mobile device, the Owner will not collect and/or process any information other than the images voluntarily published by the User on the App for the sole purpose of providing the Service. If, on the other hand, the User chooses the "Deny" option, JustSame, and therefore the Holder, shall not have access to the camera(s). The User may activate/deactivate access to the camera(s) on his/her device at any time via the settings provided by his/her device.
The JustSame app collects facial landmarks from photos uploaded by users via Apple's Vision system. This data involves the location of characteristic points of the facial structure, eyes, nose, mouth, and eyebrows, which are needed to perform the similarity analysis.
The collected facial data is used exclusively for similarity analysis between two faces (a function called “FaceMatch”).
Facial data will not be shared with third parties. The entire point extraction process is performed locally on the user's device, and the files containing the facial points are sent to the proprietary server, which will perform the calculation by returning the final result.
Files with the location of the points and photos uploaded by the user are stored on the proprietary server, for the purpose of training the machine learning model to be implemented in the future for similarity comparison.
The facial data are used only for comparison and are not stored or used for any other purpose, nor are they in any way linked to the identity of the user.
If the User decides not to activate the aforementioned settings, he/she may still use the App and access the Service, but with certain limitations.
Contractual obligations and provision of the Service (as described in Section 3(a)): the legal basis is Article 6(1)(b) of the Regulation, i.e. the processing is necessary for the performance of a contract to which the User is party or for the performance of pre-contractual measures taken at the User's request.
Legal obligations (as described in paragraph 3(b) above): the legal basis is Article 6(1)(c) of the Regulation, as the processing is necessary to comply with a legal obligation to which the Data Controller is subject.
The Data Controller will process the Users' personal data by means of manual and computerised tools, with logics strictly related to the purposes themselves and, in any case, in such a way as to guarantee the security and confidentiality of the data.
The personal data of the Users of the App will be kept for the time strictly necessary for the pursuit of the primary purposes set out in paragraphs 3(a) and (b) above, or in any case as necessary for the civil law protection of the interests of both the Users and the Controller.
In any case, this is without prejudice to any retention periods provided for by law or regulation.
The personal data of the Users may be known by the employees and/or collaborators of the Owner in charge of managing the App and the Users' requests. These subjects, instructed in this sense by the Owner pursuant to art. 29 of the Regulations, will process the User's data exclusively for the purposes indicated in this information notice and in compliance with the provisions of the Applicable Regulations.
Users' personal data may also be communicated to third parties who may process personal data on behalf of the Data Controller, in their capacity as Data Processors, such as, by way of example, suppliers of IT and logistical services functional to the operation of the App, suppliers of outsourcing or cloud computing services, professionals and consultants.
Users have the right to obtain a list of any data processors appointed by the Controller by making a request to the Controller in the manner indicated in paragraph 8 below.
The User may exercise the rights guaranteed to him by the Applicable Legislation by contacting the Controller in the following ways:
The Data Controller has not identified the figure of the Data Protection Officer (DPO), as he is not subject to the obligation of designation under Article 37 of the Regulation.
Pursuant to the Applicable Legislation, the Data Controller informs Users that they have the right to obtain information on (i) the source of the personal data; (ii) the purposes and methods of processing; (iii) the logic applied in the event of processing carried out with the aid of electronic instruments; (iv) the identification details of the data controller and data processors; (v) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as data processors or persons in charge of processing.
In addition, Users have the right to obtain
(a) access, update, rectification or, where interested, integration of the data;
b) the deletion, transformation into anonymous form or restriction of data processed in breach of the law, including data whose storage is not necessary in relation to the purposes for which the data were collected or subsequently processed
c) certification that the operations referred to in points a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, unless this proves impossible or involves a manifestly disproportionate effort compared with the right protected.
In addition, Users have:
(a) the right to withdraw consent at any time, if the processing is based on their consent;
b) the right (where applicable) to data portability (the right to receive all personal data concerning them in a structured, commonly used and machine-readable format);
(c) the right to object:
(i) in whole or in part, on legitimate grounds, to process personal data concerning him/her, even though they are relevant to the purpose of the collection
ii) in whole or in part, to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication;
(iii) where personal data are processed for direct marketing purposes, at any time, the processing of personal data concerning them carried out for such purposes, including profiling insofar as it is related to such direct marketing
d) if they consider that the processing concerning them is in breach of the Regulation, the right to lodge a complaint with a Supervisory Authority (in the Member State where they have their habitual residence, in the Member State where they work or in the Member State where the alleged breach has occurred). The Italian Supervisory Authority is the Garante per la protezione dei dati personali, based in Piazza Venezia n. 11, 00187 - Rome (http://www.garanteprivacy.it/).
The Owner is not responsible for updating all links in this privacy policy, therefore, if a link is not working and/or updated, Users acknowledge and accept that they must always refer to the document and/or section of the App referred to by that link.
1. Purpose and Definitions
1.1. These General Terms and Conditions ("GTC") regulate the contractual relationship between Fyne S.R.L., with registered office in Via Berardi 8, Taranto 74123, VAT no. 03273410732, in the person of its legal representative pro tempore Mr. Samuele Bisconti ("Fyne"), which is the owner of the online platform and/or the application branded "JustSame", aimed at offering users ("Users") a platform for assessing the similarity between two photos of faces ("Services") to be carried out in accordance with the following ("Content"). The Users, hereinafter, the "Recipients" and, together with Fyne, the "Parties".
1.2. These GTC regulate the use of Fyne by the Recipients, override any previous provisions between the Parties not expressly mentioned or attached hereto and constitute the entirety of the rights and obligations of Fyne and the Recipients. The GTC shall be effective upon acceptance of the GTC by the Recipients and until termination or cancellation by either Party in the manner set out in the GTC below.
1.3. By pressing the "Start" button during start-up, the Recipients declare that they have read and expressly accept the GTC ("Access"). If Recipients do not intend to accept even one of the terms and conditions of the GTC, they are requested to refrain from using JustSame and from completing the Access.
1.4. The Recipients acknowledge and accept that Fyne reserves the right to change the GTC at any time, at its own discretion, with particular reference to, but not limited to, the manner in which JustSame is used, by making the Recipients aware of the change by publishing it on the JustSame platform and/or application. The mere visit to and/or use of the JustSame platform and/or application after the change shall be deemed as full acceptance by the Recipients of the change. Recipients acknowledge and accept, therefore, that it shall be their responsibility to periodically check the JustSame section containing the GTC for any changes. Notwithstanding the foregoing, for information purposes only, Fyne may send by push notification to the Recipients a notice of changes to the GC, but the Recipients shall be responsible for checking for such changes. In the event that the Recipients do not intend to accept the provisions of any changes, they are required to immediately uninstall JustSame, in the manner indicated below, and therefore they may not continue to use the JustSame application without fully accepting the modified GC.
1.5. Recipients undertake i) to refrain from reproducing, duplicating, copying, selling or reselling JustSame and any of its parts including texts, logos and trademarks, such as, but not limited to, the trademark "JustSame"; and ii) to refrain from creating, directly or indirectly, a service that is identical or similar, in whole or in part, to JustSame even after the termination of the relationship with JustSame for any reason whatsoever.
2.Access to JustSame
2.1. For Users the use of JustSame requires the use of virtual credits called "JustCoins", purchasable through in-app purchases, to be selected from those provided within the platform and/or application, or obtainable by voluntarily viewing advertisements. In order to access the Services, the User must log in and may use the Services, subject to the limitations and conditions set out in these GTC. The Users acknowledge and accept that Fyne shall be entitled to i) promote one or more purchases at discounted prices for limited periods of time or limited to certain categories of Users without this implying any right for Users who are already registered and/or who are not among the recipients of the offers, and ii) modify the cost of the Subscriptions without this implying any right for Users who are already registered to obtain any type of refund or compensation.
3. Account closure
3.1. The User has the right to stop using JustSame by uninstalling the app. In the event the User has purchased and stored JustCoins, these will not be lost as they are related to the Cloud Account of the device.
4.Declarations and Warranties of the User
4.1. The User represents and warrants:
a) that I have read and understood the GTC;
(b) that he/she is at least 14 years of age and has the requisite authority to act for the purposes set out therein and has the capacity to act and to enter into legally binding contracts;
c) to be responsible for and hold the right to use the photos uploaded on the app;
d) that it shall refrain from any form of use, direct and/or indirect, of JustSame and the Services contrary to law or not in accordance with the provisions of the GTC;
(e) that it will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computer threats;
4.2. The User hereby agrees to indemnify and hold Fyne harmless from any damage, claim, burden or expense that Fyne may incur, directly or indirectly, as a result of the User's breach of the guarantees given in the previous article and, more generally, of the provisions of the GTC.
4.3. The User accepts and acknowledges that, except where expressly specified in the GTC, Fyne makes no representations or warranties, express or implied, with respect to JustSame, the Services and all information contained therein.
Liability
5.1. The Recipients acknowledge and accept that Fyne makes no warranty as to the correctness or updating of the Services. Therefore, Recipients hereby waive any and all claims, including for reimbursement or compensation, relating to, but not limited to, the correctness and/or updating of the Services and information provided through JustSame, against JustSame.
5.2. The Recipients acknowledge and expressly accept that in the event of a violation or suspected violation by Recipients of the law, third party rights or the GTC, Fyne may, at its complete discretion, prevent access to JustSame or take any other action to protect Fyne's rights.
5.3. Except in the case of wilful misconduct or gross negligence, the Recipients acknowledge and accept that Fyne shall in no way be liable to the Recipients for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and/or incurred by the User in connection with the use of JustSame or the use of the Services. By way of example and without limitation, Fyne shall not be liable for any damage that may result to the Recipients' devices from any breach of security or from any virus, bug, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operations or transmissions, failure of computer lines or any other technical or other defect, if such an event is related to the Internet transmission initiated through JustSame or otherwise.
5.4. Fyne shall in no way be liable to the Recipients for any delays or non-performance of its obligations in the provision of the Services related to the operation of JustSame, in the event that such delays or non-performance result from force majeure or any other event beyond the reasonable sphere of Fyne's control.
5.5. Fyne is not responsible for the content of websites to which there are links and information within JustSame and/or the Services. A link from JustSame or the Services to any other website does not imply that Fyne in any way approves, endorses or recommends said website or has any control over any element of the content of said website.
5.6. However, and to the extent permitted by law, neither Fyne nor any of its operators, officers, employees, representatives, subsidiaries, affiliates, licensees, agents or other personnel involved in the production, sponsorship or promotion of Fyne shall be liable for (i) direct or indirect damages, related to the use of JustSame itself and the use of the Services, including property damage resulting from theft or tampering, damages related to bodily injury, death (ii) damages to a Recipient resulting from lawsuits, errors, violations, negligence, misrepresentation, liability for wrongful acts attributable (in whole or in part) to another Recipient (or its employees, directors, officers, agents, representatives or affiliated companies); (iii) direct and indirect damages to honour and reputation suffered in the course of using JustSame and the Services; (iv) damages resulting from the incorrectness and/or failure to update information provided by a Recipient to other Recipients.
6.Intellectual Property Rights
6.1. The Recipients acknowledge and accept that Fyne, as well as trademarks, including the trademark "JustSame", logos, domain names, designs, algorithms and software pertaining to JustSame itself and/or contained therein or contained in the Free and Paid Services and any other material that may be the subject of proprietary rights (including source codes) and/or any other intellectual property rights relating to JustSame and the Services (hereinafter, jointly, the "Rights"), are the exclusive property of Fyne and are protected against unauthorised use, copying and dissemination by industrial and intellectual property law.
6.2. Recipients acknowledge and accept that the use of JustSame does not give rise to any rights to the Rights and that therefore any use of the Rights other than for strictly personal purposes and exclusively related to the use of JustSame is prohibited.
6.3. Except as permitted by the GTC, Recipients may not download, copy, use, transfer, rent, sub-licence, lend, modify, adapt, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate, in whole or in any part, on JustSame content.
6.4. Except as now provided, nothing contained in the GTC and/or elsewhere shall be construed as an implied licence or assignment, by acquiescence or otherwise, of the Rights to the Recipients. Unauthorised use, copying, reproduction, modification, republication, updating, downloading, mailing, transmission, distribution or duplication, or any other misuse of JustSame, the Free and Paid Services and anything that is the subject of the Rights or contains the Rights, by the Recipients is prohibited. As users of JustSame and the Free and Paid Services, the Recipients agree not to use the Rights for unlawful purposes and/or in violation of the provisions of the General Terms and Conditions, and agree not to violate the Rights of Fyne and/or its third party licensors as described in the General Terms and Conditions.
6.5. Consequently, the Recipients hereby agree to indemnify and hold Fyne harmless for any damage or loss directly or indirectly resulting from the Recipients' use of JustSame, the Free and Paid Services, and anything subject to the Rights in violation of the provisions of the General Terms and Conditions. Notwithstanding the foregoing, in the event of a violation or suspected violation of the Rights by the Recipients, Fyne reserves the right to suspend and/or block the Recipients' account.
7.Content Licence.
7.1. The Recipients grant Fyne a non-exclusive, royalty-free, transferable to third parties, irrevocable and worldwide licence to the Content for reproduction, storage, use, distribution, modification, performance, copying, public performance or display, translation and processing ("Licence"). By way of example and not limitation, Fyne shall also be free to use the Content under the Licence for promotional and advertising purposes related to JustSame and the Services (including sharing outside the JustSame platform and/or application) as well as to combine it with each other for the same purposes.
8.Indemnity
8.1. The Recipients agree to indemnify and hold Fyne, its subsidiaries and affiliates, and their representatives, partners and employees harmless from any damage, liability, recourse or claim, including reasonable legal defence costs, made by third parties as a result of the Recipients' use of JustSame and the Services in a manner that is not in accordance with the GTC, and/or violations of the conditions stipulated therein, and/or failure to comply with the representations and warranties set out in the GTC.
9.Privacy
9.1. In the fulfilment of its contractual obligations, Fyne undertakes to comply with the provisions of Legislative Decree 196/2003, supplemented with the amendments introduced by Legislative Decree No. 101 of 10 August 2018 (hereinafter, the "Code") and Reg. EU 2016/679 (hereinafter, the "Regulations", the Code and the Regulations together, the "Privacy Legislation") and, to this end, undertakes to adopt all physical, logistical and organisational security measures necessary and appropriate to ensure the respect of the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing. The data may only be processed to the extent strictly necessary for the activities to be carried out pursuant to the GC.
9.2 Fyne respects and protects the privacy of its Recipients. Fyne shall not use the personal data of Recipients for marketing purposes and/or sending commercial communications and/or direct sales without having obtained prior express consent, in compliance with the provisions of the Privacy Policy. In order to better know and understand how Fyne uses the personal data of Recipients, Recipients may carefully read the Privacy Policy at the following link: https://appjustsame.com/privacy.php
9.3 If Recipients decide to delete their app, all stored data relating to Recipients will be deleted by JustSame. If the complete deletion of Recipient data is not permitted and/or the storage of a copy of Recipient information is required by law, the data will be blocked in connection with any further processing.
9.4. The Recipients acknowledge and accept that they are solely responsible with reference to all data that may be and voluntarily disclosed by the same to the public through the Site, through publication and/or sharing of such information with third parties, indemnifying and holding Fyne harmless from any claim, cost or burden that may arise to the Recipients from any unauthorised processing of the data by the Site visitors or third parties mentioned above.
10.Disposal
11.1. Recipients may not assign the GCs, either in whole or in part, to third parties.
11.Survival of clauses
11.1. Notwithstanding the provisions of the GTC concerning amendments by Fyne, the GTC shall remain effective until the Parties determine their termination in accordance with the GTC.
11.2. The provisions of the GTC contained in the following paragraphs shall remain valid and effective even after the GTC cease to be effective: Declarations and Warranties of the User; Liability; Intellectual Property Rights; Indemnity; Survival of Clauses; Applicable Law and Competent Court; General Clauses.
12.Resolution
13.1 Fyne, in accordance with Article 1456 of the Civil Code, may terminate the GTC with immediate effect, by simply sending written notice by PEC or registered letter with return receipt to the Recipients, if the Recipients have violated one or more of the following provisions of the User GTC Operation of JustSame; User Representations and Warranties; Intellectual Property Rights; Assignment.
13.Applicable law and jurisdiction
13.1. The GTC are entirely governed by Italian law.
Without prejudice to what is established for the protection of consumers with regard to the competent court, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of the GTC and/or in any case in connection with the GTC shall fall under the exclusive jurisdiction of the Court of Milan, to the exclusion of any other, even concurrent or alternative, court.
General Clauses
14.1. Any tolerance on the part of Fyne towards conduct of the Recipients in violation of any provision of the GTC shall not constitute a waiver of the rights arising from the violated provision, nor of the right to demand the proper fulfilment of all provisions of the GTC.
14.2. Failure to exercise or delay in exercising a right due to Fyne under the GTC shall not constitute a waiver thereof.
14.3. The GTC contain the overall agreement reached by the Parties with respect to the subject matter thereof and prevail over all previous communications, declarations, understandings and agreements, whether oral or written, reached by the Parties.
If any term or other provision of the GTC is declared invalid, void or unenforceable, all other terms and provisions of the GTC shall nevertheless remain in full force and effect. In the event that any term or provision is declared invalid or void on the grounds that it is invalid, contrary to mandatory rules or unenforceable, the Parties undertake to negotiate in good faith to amend the GTC in such a way as to realise the original intention of the Parties in order to fulfil the commitments set out in the GTC in the best possible way.
14.5. The Parties act in full autonomy and independence. The GTC shall not create any relationship of collaboration, agency, association, intermediation or employment between them.
14.6. Any communication from one Party to the other under the GTC shall be sent by registered letter with acknowledgement of receipt or by e-mail (provided that the option of acknowledgement of receipt is given) to the following addresses
(a) for Fyne: postal address as stated in the epigraph to the GC; to the PEC fyne@pec.ito to the e-mail address: supporto@fyne.it;
15.7. Pursuant to Articles 1341 and 1342 of the Civil Code the Recipients declare that they have read and specifically approve the clauses set forth in the following articles of the GTC: 2 "Membership in JustSame", limited to point 2.2; 4 "User Representations and Warranties", limited to clause 4.2.; 5 "Liability"; 6 "Intellectual Property Rights"; 8 "Indemnification"; 10 "Assignment"; 11 "Survival of Clauses"; 12 "Termination"; 13 "Applicable Law and Jurisdiction".
