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Owner and Data Controller

MOGAMAC

Owner contact email: sales@mogamac.com

The user must read these Terms of Use and Privacy carefully before using the website www.mogamac.com. These Terms of Use and Privacy can be accessed via the hyperlink at the bottom of each page on our Website.

The use of the website www.mogamac.com implies the unreserved acceptance of these Terms of Use and Privacy.

These Terms of Use and Privacy are in addition to the special conditions valid for each type of product or service available on the website.

Use

The user undertakes to:

  • not to use the website www.mogamac.com for illegal purposes or effects that may harm the rights of MOGAMAC or third parties and, in particular, not to use the site to distribute illegal or harmful information, or information that is considered unpleasant, discriminatory or offensive to MOGAMAC or third parties;

  • not to disturb access to the website www.mogamac.com, to MOGAMAC's computer systems, change the site, use it to transmit computer viruses, computer piracy, computer worms, etc., or commit illegal acts that may be qualified as computer crimes;

  • not infringe any patent, trademark, trade secret, copyright, database right or other intellectual property rights of any person or entity;

  • not impersonate any person or entity including, misrepresent or otherwise lie about your affiliation with a person or entity;

  • comply with these general conditions of use.

If the user does not comply with these obligations, MOGAMAC reserves the right to immediately prohibit and block access to its website and its network without the right to compensation.​

Information on the website

Although MOGAMAC has made every effort to ensure that the information included on the website is correct at the time of its entry into operation, MOGAMAC cannot be held responsible for any errors or omissions or any information that may be incomplete, incorrect or may already not be updated.

Intellectual property / Copyright and trademark indication

The copyright and all property rights on the www.mogamac.com website may be the registered trademarks of their respective owners and all of their contents are reserved by MOGAMAC. Names of companies, Brands and products or services displayed on the website.

The user is not granted any right or license to use any trademarks and, therefore, the user agrees not to alter, rent, lend, sell, distribute or create derivative works based on the content of the website www.mogamac.com and/or of the products and services made available on the website www.mogamac.com, in whole or in part.

General

Any failure by MOGAMAC to exercise or enforce any right or provision of these Terms of Use and Privacy shall not constitute a waiver of such right or provision. If any provision of these Terms of Use and Privacy is considered by a court, it must attempt to enforce the parties' intentions reflected in the provision, and the remaining provisions of the Terms of Use and Privacy remain in effect. Headings used in these Terms of Use and Privacy are for reference purposes only and have no legal or contractual effect.

PRIVACY POLICY

Types of Data collected

Among the types of Personal Data that the www.mogamac.com website collects, by itself or through third parties, there are: email, first name, last name, Usage Data, Cookies, telephone number, address, company name, country, city, billing address and various types of Data.

Full details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanatory texts displayed prior to data collection.

Personal data may be provided freely by the user, or, in the case of using www.mogamac.com

Unless otherwise specified, all data requested by www.mogamac.com is mandatory and failure to provide this data may make it impossible for www.mogamac.com to provide its services. In cases where www.mogamac.com specifically states that some data is not mandatory, users are free to stop communicating this data without any consequences for the availability or operation of the Service.

Users who have doubts about which personal data are mandatory are invited to contact the Owner.

Any use of cookies - or other tracking tools - by www.mogamac.com or by the owners of third-party services used by www.mogamac.com will serve the purpose of providing the services requested by the user, in addition to the other purposes described in this document and in the Cookie Policy.

Users are responsible for any Personal Data of third parties that are obtained, published or shared through this service ( www.mogamac.com) and confirm that they have the authorization of these third parties to provide the data to the owner.

Mode and place of Data processing

processing method

The owner will take appropriate security measures to prevent unauthorized access, unauthorized disclosure, alteration or destruction of the data.

Owner undertakes to implement appropriate physical, electronic and management processes to safeguard and help prevent unauthorized access to personal information and to preserve data security. These processes take into account the sensitivity of the information we collect, process and store and the current state of technology. The owner follows generally accepted industry standards to protect submitted personal information, both during transmission and upon receipt, including the use of electronic vaults and tokenization services from third-party service providers. However, no method of transmission over the Internet or a mobile device or method of online storage can be guaranteed to be 100% secure. Therefore, while the Owner may resort to commercially accepted means to protect personal information, he cannot, however, guarantee its absolute security and consequent use inconsistent with this Privacy Policy.

The owner assumes no responsibility for information that is disclosed as a result of errors in transmission, unauthorized access by third parties or other causes beyond its direct control. The user is recommended to act responsibly insofar as he must also play an important role in protecting his information. You must not share your username, password or other sensitive information about your account with anyone. If the owner receives instructions with username and password, he will always assume that these instructions were previously changed.

Data processing is carried out using qualified computers and/or IT tools, following organizational procedures and means strictly related to the indicated purposes. In addition to the Owner, in some cases, the Data may be accessed by certain types of persons in charge, involved with the operation of www.mogamac.com (administration, sales, marketing, legal administration) or external persons (such as third-party providers of technical services , accommodation company, IT companies, communication agencies) appointed, when necessary, as Data Processors by the Owner. The updated list of these parts can be requested from the Owner at any time.

processing method

The Owner may process the Personal Data related to the user if one of the following hypotheses applies:

  • Users have given their consent for one or more specific purposes; Note: in accordance with some legislations, the Owner may be allowed to process Personal Data UNTIL the User objects to this action ("opt-out"), without having to rely on consent or on any other legal basis below. This, however, does not apply whenever the processing of Personal Data is subject to European data protection legislation;

  • The provision of the Data is necessary for the fulfillment of a contract with the User and/or any pre-contractual obligations of the User;

  • The processing is necessary for the fulfillment of a legal obligation to which the Owner is subject;

  • The processing is related to a task that is carried out in the public interest or in the exercise of an official authorization in which the Owner is vested;

  • Processing is necessary for the purpose of legitimate interests pursued by the Owner or a third party;

In any case, the Owner will gladly collaborate to clarify the legal basis that applies to the processing, and in particular if the provision of Data is a mandatory requirement by force of law or contractual, or a requirement necessary to enter into a contract.  

Place

Data is processed at the Owners' headquarters of operation, and in any other places where the parties involved with the processing are located.

Depending on your location, data transfers may involve transferring your User Data to a country other than your own. To find out more about where such transferred Data is processed, users can check the section containing details on the processing of Personal Data.

Users also have the right to be informed about the legal basis of transfers of Data to countries outside the European Union or to any international organizations governed by public international law or formed by two or more countries, such as the UN, and about the security measures taken by the Owner to protect your Data.

If any such transfers occur, users can find out more by checking the relevant sections of this document or asking the Owner using the information provided in the contact section.

Conservation period

Personal Data will be processed and stored for as long as necessary for the purposes for which they were collected.

Therefore:

  • Personal Data collected for purposes related to the execution of a contract between the Owner and the user will be kept until such contract has been completely fulfilled;

  • Personal Data collected for purposes related to the Owner's legitimate interests will be kept for as long as necessary to fulfill those purposes. Users will be able to obtain specific information about the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to keep the Personal Data for a longer period whenever the User has given his authorization for such processing, as long as such authorization has not been withdrawn. In addition, the Owner may be obliged to retain Personal Data for a longer period on all occasions when it is required to do so in order to comply with a legal obligation, or in compliance with a mandate from an authority.

As soon as the retention period expires, the Personal Data will be erased. In this way, the right to access, the right to erase, the right to correct and the right to data portability cannot be enforced after the expiry of the retention period.

Purposes of processing

Data relating to the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Accessing third-party service accounts, Contacting the User, Viewing content from external platforms, Optimizing and distributing traffic, managing tags, Anti-spam protection, Remarketing and behavioral targeting, Registration and authentication, contact management and sending messages, Interaction with live chat platforms, Interaction with social networks and external platforms, Interaction with data collection platforms and others third parties, Thermal Mapping and Session Recording, Payment Processing, Data Transfer outside the EU and Statistics.

Users can obtain further detailed information on such processing purposes and on the specific Personal Data used for each purpose in the respective sections of this document.

Detailed information about the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

By subscribing to the newsletter or marketing communications, the User's email address will be added to the contact list of those who may receive email messages containing commercial or promotional information about www.mogamac.com or after carrying out of a purchase, with your consent.​

Personal Data collected: email and full name.

Statistics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to track user behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analytics service provided by Google Inc. ("Google"). Google uses the data collected to track and examine the use of this service ( www.mogamac.com) to prepare reports on activities and share them with other Google services.

Google may use the collected data to contextualize and personalize the advertisements of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of Processing: USA - Privacy Policy - Opt Out. Privacy Shield Participant.

Tag Management

This type of service helps the Owner to centrally manage the tags or scripts needed by www.mogamac.com. As a result, User Data flows through these services and there is the possibility of retaining this Data.

Google Tag Manager (Google LLC)

Google Tag Manager is a management service provided by Google LLC. Personal data collected: Cookies and Usage Data.

Place of processing: USA - Privacy Policy. Privacy Shield Participant.

Data transfer outside the EU

The Owner is authorized to transfer Personal Data collected within the EU to third countries (that is, any country that is not part of the EU) only in accordance with a specific legal basis. Any such transfers of Data will be based on one of the legal bases described below. Users can inquire with the Owner to find out which legal basis applies to which specific service.

Data transfer abroad based on authorization

If this is the legal basis, users' Personal Data will be transferred from the EU to third countries only if the user has explicitly authorized the transfer, after being informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards.

In such cases, the Owner will inform users correctly and obtain their explicit consent through the Service www.mogamac.com.

Personal Data collected: various types of Data.

View content from external platforms

This type of service allows the User to view and interact with content hosted on external platforms, directly from the pages of this service and interacting with it. If this type of service is installed, it will be able to collect web traffic data for the pages where the service is installed, even when users are not using them.

Google Fonts (Google Inc.)

Google Fonts is a typeface visualization service provided by Google Inc. that allows www.mogamac.com to incorporate content of this type on its pages.

Personal Data collected: Usage Data and various types of Data as specified in the privacy policy of the service.

Place of Processing: USA - Privacy Policy. Privacy Shield Participant.

Google Maps Widget (Google Inc.)

Google Maps is a map visualization service provided by Google Inc. that allows www.mogamac.com to incorporate content of this type on its pages.

Personal Data collected: Cookies and Usage Data.

Place of Processing: USA - Privacy Policy. Privacy Shield Participant.

Users' rights

Users will be able to exercise certain rights regarding their Data processed by the Owner.

In particular, users have the rights to do the following:

  • Withdraw your consent at any time.Users have the right to withdraw their consent in cases where they have given their prior consent to the processing of their Personal Data.

  • Object to the processing of your Data.Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than their consent. Additional details are provided in the dedicated section below.

  • Access your Data.Users have the right to know whether their Data is being processed by the Owner, to obtain disclosures about certain aspects of their processing and to obtain a copy of the Data being processed.

  • Check and ask for correction.Users have the right to verify the accuracy of their Data and to request that it be updated or corrected.

  • Restrict the processing of your Data.Users have the right, under certain circumstances, to restrict the processing of their Data for any purpose other than their storage.

  • Have your Personal Data erased or otherwise removed.Users have the right, under certain circumstances, to demand the deletion of their Personal Data from the Owner.

  • Receive your Data and have it transferred to another controller.Users have the right to receive their Data in a structured format, using a common and machine-readable form and, if technically feasible, to have it transmitted to another controller without any impediment. This determination applies subject to the Data being processed by automated means and that the processing is based on the user's consent, on a contract in which the User is a party, or on pre-contractual obligations of the same agreement.

  • Register a complaint.Users have the right to lodge a complaint with their competent Data Protection Authority.

Details on the right to object to processing

In cases where Personal Data are processed for a public interest, in the exercise of an official authorization, in which the Owner is invested, or for purposes of legitimate interests pursued by the Owner, users may object to such processing by providing a reason related to your situation, in particular to justify the objection.

Users should be aware, however, that if their Personal Data is processed for direct marketing purposes, they can object to such processing at any time, without providing any justification.

Users can consult the respective sections of this document.

How to exercise these rights

Any requests to exercise users' rights can be directed to the Owner through the contact details provided in this document. These requests may be exercised at no cost and will be attended to by the Owner as soon as possible and in all cases within a period of less than one month.

Cookie Policy

Cookies consist of pieces of code installed in the browser, which help the Owner to provide the Service in accordance with the objectives described. Some of the purposes for which Cookies are installed may also require user consent.

In cases where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.

Technical cookies and Cookies that serve aggregate statistical purposes
  • Activity strictly necessary for the operation of the Service

www.mogamac.com uses Cookies to save the user's session and perform other activities that are strictly necessary for the operation of www.mogamac.com, for example, those relating to traffic distribution.​

  • Activity related to recording preferences, optimization and statistics

www.mogamac.com uses Cookies to save browsing preferences and optimize the user's browsing experience. Among these Cookies are, for example, those used to define language and currency preferences, or those for the management of first-person statistics used directly by the Owner of the website.​

Other types of Cookies or third parties that install Cookies

Some of the services listed above collect statistics anonymously and in aggregate and may not require user consent or may be managed directly by the Owner - depending on how they are described - without the help of third parties.

If any service operated by a third party is listed among the tools below, they may be used to monitor the user's browsing habits -  in addition to the information set out in this and without the Owner's knowledge. Please consult the privacy policy of the listed services for more detailed information.

How can the user provide or withdraw consent for the installation of Cookies?

In addition to what is set out in this document, the user can manage Cookies preferences directly from his own browser, and prevent - for example - third parties from installing Cookies.

Through the browser preferences, it is also possible to delete Cookies installed in the past, including Cookies that may have saved the initial consent for the installation of Cookies in their most frequently used browsers through the following address: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.

Regarding Cookies installed by third parties, users can manage their preferences and withdraw their consent by clicking on the removal link - if provided - or by contacting the third party.

Notwithstanding the foregoing, the Owner informs that users may follow the instructions provided in the initiatives linked below by the EDAA(EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance(US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow users to select their tracking preferences for most advertising tools. The Owner recommends that users utilize these resources in addition to the information provided in this document. 

Additional information about data collection and processing

legal action

Users' Personal Data may be used for legal purposes by the Owner, in court or in the steps leading to possible legal action arising from misuse of this Service ( www.mogamac.com) or related Services.

The user declares to be aware that the Owner may be obliged to disclose Personal Data upon request from government authorities duly authorized for this purpose.

What happens if I don't reveal my personal data

The personal data that we ask you to provide us, including e-mail address, address, telephone number, are necessary for the processing of your order and for the acquisition of products on this website, in order to comply with the obligations arising from the legislation and applicable regulations or to provide other services provided on this site and requests by you.

Refusal to provide us with certain personal data may prevent us from processing your request to purchase products or to provide other services on this website, such as Customer Support.

Failure to provide your personal data may justify our refusal to process your order for the purchase of products on this site or for the provision of services.

The disclosure of your personal data beyond what is necessary to comply with legal or contractual parameters or to provide the services requested by you is optional and has no effect on the use of this website or its services and purchase of products.

We will inform you if your personal data is mandatory or optional, marking with an asterisk (*) the information that is mandatory to fill in. Failure to fill in the optional data will not result in any penalty.

The disclosure of sensitive data is never requested and is prohibited.

Additional information about the User's Personal Data

In addition to the information contained in this privacy policy,  www.mogamac.com may provide the User with additional and contextual information about specific services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes,  www.mogamac.com and any third party services may collect files that record interaction with  www.mogamac.com (System logs ) or use other Personal Data (such as IP address) for this purpose.

Information not contained in this policy

More details on the collection or processing of Personal Data may be requested from the Owner at any time. Please see contact information at the top of this document. 

How Do Not Track Me Requests Are Handled

www.mogamac.com does not support “Do Not Track” requests.
To determine whether any of the third-party services you use honor “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time, by notifying its users on this page and possibly within this Service  www.mogamac.com and/or – to the extent technically and legally feasible – by sending notice to users via any contact information available to the Owner. It is highly recommended that this page be consulted several times regarding the last modification described at the bottom. 

If the changes affect the processing activities carried out based on the User's consent, the Owner will collect a new User's consent, where required.

Legal definitions and references

Personal Data (or Data)

Any information that directly, indirectly or in connection with other information – including a personal identification number – allows the identification or identifiability of a natural person.

Usage Data

The information collected automatically through this  www.mogamac.com (or third-party services engaged in this Service ( www.mogamac.com ), which may include: the IP addresses or domain names of the computers used by users using  www.mogamac.com, the Uniform Resource Identifier (URI) addresses, the date and time of the request, the method used to submit the request to the server, the size of the file received in response, the numerical code that indicates the status of the response server (positive result, error, etc.), the country of origin, the characteristics of the browser and operating system used by the User, the various details of time per visit (for example , the time spent on each page within the application) and details about the path followed within the application, with special reference to the sequence of pages visited and other parameters about the operating system of the User's device and/or IT environment.

user

The person using  www.mogamac.com who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refer.

Data Processor (or Data supervisor)

The natural or legal person, public administration, agency or other body that processes the Personal Data on behalf of the Controller as described in this privacy policy. 

Data Controller (or Owner)

The natural or legal person, public administration, agency or other body that, alone or jointly with others, determines the purposes and means of processing Personal Data, including security measures relating to the operation and use of this Service ( www.mogamac. with ). The Data Controller, unless otherwise specified, is the Owner of this Service ( www.mogamac.com ).

www.mogamac.com (or this App)

The means by which the User's Personal Data is collected and processed

Service

The service provided by  www.mogamac.com as described in the relative terms (if available) and on this website/application.

European Union (or EU)

Unless otherwise specified, all references made in this document to the European Union include all current member states of the European Union and the European Economic Area.

cookie

Small units of data stored on the user's device.

legal information

This privacy statement has been prepared based on provisions of multiple laws, including Arts. 13/14 of Regulation (EU) 2016/679 (GDPR - General Data Protection Regulation).

This privacy policy applies only to www.mogamac.com, if not otherwise stated herein.

Terms of use and privacy

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