GENERAL TERMS AND CONDITIONS OF USE FOR THE PINKO WONDERLAND APP

Scope

1.1. These general terms and conditions (hereinafter, the "Terms") shall govern and regulate (i) the use of the "Pinko Wonderland" application (hereinafter, the "Application"), consisting of a multi-level, vertically scrolling 2D video game available online on the www.pinko.com website and also on Google Play Store and Apple App Store, as well as, (ii) the relationship established at the time of registration, pursuant to the following Article [-], or, in any case, in case of access to the Application, for example through the branded "Pinko" branded points of sale, between the users of the Application (hereinafter, the "Users"), on the one hand, and the responsible and owner of the same, Cris Conf S.p.A., with registered office in Fidenza (PR), Strada Comunale per Fornio n. 132dx, Tax Code, VAT number and registration with the Business Registry of Parma no. 01516210349 (hereinafter, "Cris Conf" or the "Owner"), on the other hand, also with reference to any competitions and promotions that the Application may allow access to.

1.2. Although the relationship governed herein concerns exclusively the Owner and the Users, the latter, by accepting these Terms, acknowledge and accept that, should the Application itself be supplied by the Apple App Store, or by the Google Play Store, Apple or Google respectively may exercise the rights that may derive from them, if and insofar as they are third party beneficiaries of the provisions of the Terms themselves.

1.3. This is without prejudice to the rights of Users who employ the Application for purposes that are unrelated to their own business, commercial, craft or professional activity, i.e. as consumers, if and insofar as provided for by the applicable statutory rules.

Minimum functional requirements

2.1. The application requires, for its use and correct operation, that the following minimum hardware and software requirements are met:

- software: operating system, iOS, version 11 or later, or Android, KitKat 4.4 or later;

- hardware: ARMv7 CPU with Neon Support (32-bit), ARM64 or A7 SoC, or higher, and Graphics API, OpenGL ES 2.0+, OpenGL ES 3.0+, Vulkan, Metal, or higher.

Conditions of use

3.1. At the time of registration, the User is required to declare that the following requirements are met, without prejudice to Cris Conf's right to immediately terminate the Terms and any other relationship relating thereto, as well as to deny access to the Application or the relevant account, without prior notice, in case of any untrue declarations or failure to meet the requirements thereof:

- the User has the minimum age of eighteen and, in any case, the age of majority in the country of residence;

- upon the registration hereinbelow, the User is not located in a country subject to a government embargo by the United States of America or in a country which was included by the Government of the United States of America in the list of countries sponsoring terrorism;

- the User is not included in any list of non-admitted contractors by the Government of the United States of America.

Registration

4.1. In order to access the Application, the User must sign up and open the relevant account, by fully and truthfully providing all the required data and information.

4.2. It is the responsibility of Users to keep their access credentials secure and confidential. To this end, Users must choose a password that meets to the highest level of security available.

4.3. The User is free to close the account and cease using the Application at any time.

4.4. The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without prior notice if it deems it to be inappropriate, offensive or contrary to these Terms and potentially harmful for the image of Cris Conf and its “Pinko” brand. Suspension or deletion of the account does not entitle the User to claim any compensation, refund or indemnity.

4.5. Suspension or deletion of an account due to any reasons attributable to the User shall not release the latter from any obligation to pay any applicable fees or prices.

Using the Application

5.1. The User assumes full and exclusive responsibility for any activity carried out by him/her through his/her access credentials and the Application. Users are obliged to promptly inform the Owner if they believe that their personal information, such as User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.

5.2. The Application may only be used for the purposes for which it was offered to the public, subject to the Terms and applicable laws.

5.3. The Owner reserves the right to adopt any and all appropriate measures to protect its interests, its image and that of the "Pinko" brand, denying the User further access to the Application, terminating the contract in accordance with the following Article [-] and taking any possible action, also for compensation, if the User, by using the Application, can be held accountable for:

breach of laws, regulations and/or the Terms;
acts to the detriment of the Owner or third parties.

5.4. Use of and access to the Application shall be free of charge.

Limitation of liability

6.1. The Application is offered by the Owner “as is”, without any guarantee as to its (i) accuracy and reliability; (ii) uninterrupted and secure operation, at any time or place; (iii) quality and absence of defects, errors, or viruses. In no event shall the Owner be held liable for any damage, loss or injury resulting from:

the use of, or the inability to access or use, the Application;
hacking, tampering or other unauthorised access to, or use of, the Application and/or the User account and/or the information contained therein or stored on the servers used by the Owner, by third parties;
any interruption or cessation of the functionality of the Application or of the User account;
any bugs, viruses, trojans or the like that may be transmitted to or via the Application by third parties;
any error, omission or inaccuracy in any content of the Application;
the use of any content published or made available through the Application;
the conduct of the User or, in any case, of third parties.

6.2. The User is responsible for any content saved or in any case copied onto his/her hardware, this saving being understood to be made at his/her own risk; the Owner shall not be held liable, therefore, for any damage caused to fixed or mobile computer systems, to the relevant software, or for the loss of data by the User.

6.3. The Owner does not grant any warranty, endorsement, guarantee nor undertakes any liability for any product or service which may be advertised or offered by third parties through the Application.

6.4. Without prejudice to the provisions of this Article 6, any liability of the Owner towards the User will be limited to the provision, ex novo, of access to the Application and the User account.

Intellectual Property

7.1. Unless otherwise specified, all the contents of the Application are the property of or provided by the Owner or its licensors.

7.2. Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application or to the “Pinko” trademark are held exclusively by the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.

7.3. All trademarks - whether denominative or figurative - and all other distinctive signs, company names, service marks, illustrations, images or logos that appear in connection with this Application or with the Owner are and remain the exclusive property of the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property, and the use of the Application shall not entitle in no way the Users to move any claim regarding the above matters.

7.4. Users are not authorised (i) to use the contents of the Application for purposes other than those of a video game, nor to reproduce, duplicate, copy, sell, resell to third parties or economically exploit the Application, (ii) copy, download, share beyond the limits specified hereinbelow, modify, translate, process, publish, transmit, sell, sub-licence, transform, transfer/assign to third parties or create derivative works from the content available on the Application, and (iii) allow third parties to carry out the conduct referred to in this paragraph 7.4 through their User account or device.

7.5. Only in the cases which are expressly listed in the Application, the User is authorised to download, copy and/or share certain content, but only for personal and non-commercial purposes.

7.6. The limitations and exclusions provided for under copyright law shall remain unaffected.

Suspension of access to the Application and termination

8.1. The Owner reserves the right to suspend the access to the Application for maintenance purposes, system updates or any other change, giving appropriate notice to Users.

8.2. The Owner may, however, suspend or terminate the Application at any time, without the Users being entitled to any kind of compensation or notice.

Privacy policy

9.1. Information on the processing of Personal Data is contained in the privacy policy under Annex A to the Terms.

Amendments to Terms

10.1. The Owner reserves the right to amend the Terms at any time, in which case the Owner will give appropriate notice of the relevant amendments to Users.

10.2. Any amendments to the Terms will only affect the relationship with the User effective from the date of their publication.

10.3. The continued use of the Application shall imply the acceptance of the updated Terms by the User.

Common provisions

11.1. Any act of tolerance by either party regarding any conduct of the other in breach of the provisions of the Terms shall not constitute a waiver of the relevant rights under the breached provisions, nor of any right to demand the exact fulfilment of all terms and conditions hereof.

11.2. The Terms shall be construed in good faith and fair dealing and the performance thereof shall take place, as far as possible, with mutual respect for the interests of the other party.

Applicable law, venue and alternative settlement of disputes

12.1. The Terms are deemed to be accepted in Italy where, therefore, the relationship between the Owner and the User is deemed to be perfected. The Terms are originally drafted in Italian and reference shall be made to that version when interpreting them, even if they are translated into another language.

12.2. The Terms are governed by Italian law, with the express exclusion of the conflict rules of private International law.

12.3. Should the User be classified as a consumer, pursuant to the Consumer Code in force in Italy, any disputes that may arise on the interpretation, performance or termination of the Terms, and/or of the relationships relating to the Application, shall fall under the jurisdiction of the Judge of the place of residence or domicile of the User, if located within the territory of the Italian Republic.

12.4. In all other cases, the Court of Parma shall have exclusive jurisdiction for any dispute arising in connection with the Terms and the Application.

Annex A - PRIVACY POLICY

Personal data processing notice – PINKO WONDERLAND

In managing the “Pinko Wonderland” App, it may be necessary to acquire information or data, and the processing thereof is carried out in compliance with current legislation (GDPR) and, for this reason, the necessary information concerning processing is provided.

Updates and Changes

The Data Controller reserves the right to modify, integrate or periodically update this Policy in compliance with applicable legislation or measures adopted by the Italian Data Protection Authority. The aforementioned changes or additions will be brought to the attention of those concerned. We invite all parties concerned to read the Privacy Policy and Notice on a regular basis, to check for any updates and to decide whether or not to proceed with the relationship and related data processing.

Data Controller

The Data Controller is Cris Conf S.p.A., with registered office in Strada Comunale per Fornio, 136, 43036 Fidenza (PR), e-mail PinkoPrivacy@pinko.com“ (also named the "Controller" or simply "PINKO").

Contact details of the Data Protection Officer

dpo@pinko.com

Definitions

“Processing" means any operation or set of operations, carried out with or without the help of electronic means, concerning the collection, recording, organisation, keeping, interrogation, elaboration, modification, selection, retrieval, comparison, utilization, interconnection, blocking, communication, dissemination, erasure and destruction of data, whether the latter are contained or not in a data bank.

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

Addressees (data subjects)

This information concerns data relating to users of the "PINKO WONDERLAND" App: hereinbelow, the latter may also be referred to as "interested parties" in the processing of personal data.

Means of Collecting Data, Source of Data

The data subject voluntarily and directly provides his or her personal data by filling in the fields provided for registration for the APP, available on the online stores, expressing his or her informed consent where foreseen and necessary.

No further browsing data is collected from the use of the App.

Purpose of processing, type of Data, legal basis and data retention

The type of data processed, the legal basis and the data retention period are detailed for each of the purposes listed below.

Minors

For the purposes of the processing of personal data, pursuant to Article 2-quinquies of Legislative Decree. 196/2003 as amended by Leg. 101/2018, minors are defined as individuals who have not yet reached the age of 14 and are therefore not legally capable of consenting to the collection and processing of their personal data. In this case, processing is only lawful if and to the extent that consent is given or authorised by the person who is vested with parental responsibility (parent or legal guardian).

Registration on the APP is not permitted for minors, even if expressly authorised by the person exercising parental authority. The process of activating the APP includes a means of verifying that the user has reached the legal age.

Using the APP

In order to use the App, to take part in the PINKO Wonderland Winter Contest and to redeem any prizes awarded, as well as to allow the Company to verify that you are eligible to participate in the contest

Legal basis: the processing is based on the legal basis pursuant to Article 6(1)(b) GDPR (performance of a contract to which the data subject is a party).

Common data: first and last name, date of birth, place of residence, social security number, any information required to verify your eligibility to participate in the competition (e.g. copy of ID), telephone number, IDFA (iOS) / advertiser ID (Android), IP address, Apple ID, email address and social security number (this information will only be requested in the event of a win, to enable us to award you the prize), Facebook, Twitter and Google profile information (subject to your request to allow access to your social profile information).

The provision of this data is required to allow you to take part in the competition, with the consequence that failure to provide it or providing it in part will make it impossible for the Controller to carry out the necessary processing for participation in the competition.

Data retention: the data will be kept for a period not exceeding the period necessary to achieve the purpose and, in any case, for no longer than 10 years after termination of the contract (i.e., after deletion of the registration from the App) unless there are regulatory or legal protection obligations that require it to be kept for a longer period. At the end of this period, your data will be deleted or made anonymous.

Responding to requests for information and clarification

Legal basis: the processing is based on the legal basis under Art. 6(1)(f) GDPR (legitimate interest of the Controller) - in this case, the legitimate interest of the Controller to meet the requests of the data subjects/6 (1)(b) performance of the contract is pursued.

Data: identification and contact data (name and surname, e-mail address), any data conveyed in requests for information.

Data retention: Your personal data will be processed by Cris Conf only for the time necessary to respond to your request for contact, unless there are legal or regulatory requirements to retain them for a longer period. At the end of this period, your data will be deleted or made anonymous.

Fulfilment of legal obligations

Legal basis: the processing is based on the legal basis under Article 6(1)(c) GDPR (fulfilment of legal obligations to which the Controller is subject)

Data: first and last name, date of birth, place of residence, tax identification number, any information required to verify your eligibility to participate in the competition (e.g. copy of your ID), telephone number, IDFA (iOS) / advertiser ID (Android), IP address, Apple ID, email address and tax identification number (this information will only be requested in the event of a win, but only in the event that you win. (e.g. copy of ID), telephone number, IDFA (iOS) / advertiser ID (Android), IP address, Apple ID, email address and social security number (this information will only be requested in the event of a win, to enable us to award you the prize), Facebook, Twitter and Google profile information (subject to a request to allow access to your social profile information), as well as any other information that may be required by the authorities.

Marketing activities

In order to send communications of a promotional nature relating to products and services offered by the Controller. Please refer to the general notice for further details https://www.pinko.com/it-it/customercare/privacy-policy.html

Legal basis: the processing is based on the legal basis under Article 6(1)(a) GDPR (consent of the data subject).

Means of Processing Data

Data are processed in the following ways:

- lawfully and fairly, in accordance with regulations in force, to ensure that data remain confidential;

- by both electronic and non-electronic means (e.g. on paper);

- by persons (natural and legal) duly authorised to carry out such tasks, who are constantly identified and properly trained;

- with safety measures to guarantee the security of the subject to which the data refer and to avoid undue access to non-authorised third parties.

Please refer to the general notice for further details https://www.pinko.com/it-it/customercare/privacy-policy.html

Mandatory and/or Optional Data Provision/processing and Consequences of Refusal

Processing is mandatory for data expressly required to carry out the aforementioned activities. The consequences of any refusal to allow data to be processed are specified in the individual purposes; such refusal may make it impossible or difficult to fulfil the contractually agreed requirements.

Data subject to profiling

The data collected will not be subject to any kind of profiling.

Disclosure of Data to Third Parties

In order to discharge the activities and purposes detailed above data may be disclosed to the categories of parties listed below.

Categories of external parties to whom data are transferred

a) third parties carrying out activities connected with or instrumental to the Controller's business (such as, for example, suppliers entrusted with the maintenance and development of the Company's computer system, computer and telematic services or storage companies) as external data processors appointed by the Company;
b) third parties involved in the promotion of the prize competition in all its phases (including the eventual phase of awarding and assigning prizes) and in the fulfilments connected to it, in their capacity as external data processors appointed by the Company;
c) judicial, administrative and public security authorities, in the event of the fulfilment of legal obligations by the Controller. In this hypothesis, they will act as independent controllers;
d) professionals qualified to study and resolve any legal and contractual problems.

Please refer to the general notice for further details https://www.pinko.com/it-it/customercare/privacy-policy.html

A comprehensive and up-to-date list is available upon request from the contact addresses of the Controller listed above.

Dissemination of Data

Data and information are not subject to dissemination outside the company perimeter.

Transfer Abroad

The data will be stored on servers located in Europe.

Please refer to the general notice for further details https://www.pinko.com/it-it/customercare/privacy-policy.html

Exercisable rights of the Data Subject

Exercisable rights

In relation to the aforementioned processing operations, you may exercise your rights under Chapter III of EU Regulation No. 679/2016 Articles 15 - 22, which include:

obtaining confirmation as to whether or not data relating to you exists;
knowing the origin of the data, the logic and the purpose on which the processing is based;
obtaining access, cancellation, transformation into anonymous form or blocking of data processed in violation of the law, updating, restriction, rectification, revocation, portability and integration of data;
opposing, for legitimate reasons, the processing of such data;
lodging a complaint with a supervisory authority pursuant to Article 77 of EU Regulation No. 679/2016 (http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524),

Deadlines and timing

The Controller shall provide the data subject with information regarding actions taken in relation to a request without undue delay and, at the latest, within one month of receipt of the request.

In accordance with the GDPR, this time limit may be extended by two months, if necessary, taking into account the complexity and number of requests: in this case, the Controller shall inform the data subject of such extension and of the reasons for the delay, within one month of receipt of the request.

If the data subject submits the request by electronic means, the information shall, where possible, be provided by electronic means, unless otherwise specified by the data subject.

Any data subject may contact us by email (via the above-mentioned addresses) to exercise their rights and for any clarifications related to this Policy.

Please refer to the general notice for further details https://www.pinko.com/it-it/customercare/privacy-policy.html