October 2007

The particip8.autogrill.com Community is a service (hereafter the “Services”) offered by Autogrill enabling people to share information and editorial content on various themes; the service is totally open to contribution from all navigators.

Autogrill Spa is a provider of food & beverage and retail services for travellers based in Rozzano (MI) - Centro Direzionale Milanofiori Strada 5, Palazzo Z (hereafter “Autogrill”).

Services are designed so that users may register with the Community and contribute to the development of themes of interest by contributing content (multimedia). The Services offered by Autogrill include access to areas reserved for subscribers to the Community website, particip8.autogrill.com, and to services, applications and content placed on the site from time to time.
The Services are provided by servers located in Italy.

1. General conditions of use of the Services.

These conditions of use (referred to hereafter as the “Contract”) define the legally binding terms that discipline use of Services. In using the Services, the User agrees to be bound by the conditions of this Contract in his/her capacity as both “Visitor”, meaning a person who merely views the content of the particp8.autogrill.com website, and “Subscriber”, meaning a user registered with particp8.autogrill.com. On registering, a subscriber may create a personal profile in the particp8.autogrill.com Community.

The term “User” may indicate either Visitor or Subscriber.

Use of the Services is only allowed if the User abides by all the applicable laws and this Contract. Users must carefully read and keep the current version of the Contract. If a User does not accept the conditions of the Contract, he/she must disconnect from the particp8.autogrill.com website and immediately stop using the Services. To become a Subscriber, communicate with other Subscribers and use the Services, the User must read this Contract and during the registration procedure declare his/her acceptance of its terms and conditions.

Autogrill reserves the right to periodically modify this Contract. Modifications shall take effect upon being published on particp8.autogrill.com. If a User does not agree with the modifications made, he/she may cancel his/her subscription to the Services. It is important for the User to periodically reread this Contract to see any updates to it. Use of the services in any case entails acceptance of any modifications made.
The User’s profile that will be published and visible on particp8.autogrill.com must not include any of the following information: phone numbers, addresses or surnames. Also forbidden are images and text of a pornographic or obscene, violent, offensive or sexually explicit nature or that may be considered in any other way improper

2. Requisites for use.

In using the Services, the User represents and warrants that (a) all the information sent is truthful and accurate, (b) information shall be kept up to date, (c) he/she is at least 14 years old and (d) his/her use of the Services is not in breach of any applicable law or regulation.
If Autogrill believes a User to be under 14, it reserves the right to eliminate the User profile and cancel his/her subscription without notice.

3. Duration and cancellation

a) This Contract shall remain fully binding and efficacious for the entire duration of use of the Services or of the subscription.
b) The User may cancel his/her subscription at any time and for any reason by following the instructions in the Subscriber Account settings page.
c) Autogrill reserves the right to cancel, at any time and without notice, the subscription of any User who breaches the conditions of this Contract and deny such User access to particp8.autogrill.com.

4. Password.

During subscription, the User will be asked to choose a password. The confidentiality of the password is the exclusive responsibility of the User. The User undertakes not to use the account, user name or password of another Subscriber or divulge his/her own password to 3rd parties. The User agrees to immediately inform Autogrill of any non-authorized use of his/her account or access to his/her password by 3rd parties. The User is fully and exclusively responsible for use of his/her account.

5. Prohibition of commercial use by Subscribers.

The Services are designed for personal use by both Subscribers and other Visitors and may not be used for any commercial purposes except those specifically approved in writing, beforehand, by Autogrill. It is forbidden to make unlawful and/or unauthorized use of the Services or the material provided by them, including collection of user names and/or e-mail addresses of other Subscribers with electronic or other means for the purpose of sending unsolicited mail, unauthorized framing or the creation of links external to particp8.autogrill.com. Commercial advertisements, links to affiliated companies and other forms of promotion may be removed without notice from Subscriber profiles and may lead to cancellation of the subscription and termination of the Contract as per art. 2 above. Legal action may be taken against any Subscribers or Visitors who make illegal or unauthorized use of the Services.

6. License to use content.

User grants Autogrill an unlimited, perpetual, free of charge and non-exclusive license to publish on particip8.autogrill.com content entered by User him/herself and to carry out all operations and processing necessary and designed for such publication, including storage. At the same time, User represents and warrants that (i) he/she is the owner of the Content published via the Services and/or is otherwise entitled to use them, (ii) publication of content via Services does not constitute a breach of the intellectual property rights of 3rd parties, (iii) the images and/or content do not infringe on the rights safeguarded by decree law 196/03 on the confidentiality of personal data (privacy law), (iv) to the best of his/her knowledge, they do not infringe on any other rights of 3rd parties. User undertakes to pay any copyright, taxes or other sums of money due to 3rd parties in relation to publication of content via the Services, including any legal expenses incurred by Autogrill in relation thereto.

7. User’s liability.

The User is the only person liable for the material, images and/or any content in general published on particip8.autogrill.com via the Services and of material or information transmitted to other Subscribers and of interaction with other Users. User shall be liable in respect of such images, information and/or content and must therefore take utmost care in choosing information to publish on particip8.autogrill.com or supply to other Users. Notwithstanding the prohibitions in this Contract, information or content published by other Users of particip8.autogrill.com, for example in their personal profiles, might contain text, images or other material which is inappropriate, offensive or sexually explicit. If a User becomes aware of an improper use of the Services, he/she must inform Autogrill using the link for signalling improper content, to be found at the bottom of all particip8.autogrill.com pages. In communications with other Users while using the Service, User undertakes to use language that is not offensive, obscene, violent, improper or that might offend, insult, denigrate or otherwise improperly refer to other Users.

8. Autogrill’s powers.

Autogrill may its own unquestionable discretion eliminate any content that constitutes a breach of this Contract or that it deems offensive, illegal, violent, detrimental to other people’s rights or that represents damage or threat to anyone’s safety (see list in art. 9 hereunder), and may at the same time terminate the contract and deny access to the Services by Users that publish such information or content. Autogrill further reserves the right to eliminate any content it deems to be outside the thematic and functional scope of the site. Autogrill reserves the right, at its own unquestionable discretion, to deny or prevent the publication of a User’s content or remove already published content (including private messages) and limit, suspend or cancel a User’s access to all or some of the Services at any time.

9. Prohibited information, activities and content.

Listed below (by way of example only) are certain types of content that are illegal, improper or offensive and whose publication via the Services is forbidden. Autogrill does not allow publication of material with content which in its unquestionable opinion:

1. is openly offensive, is an incitement to racism, intolerance, hatred or physical violence against any group, community or individual;
2. molests or is an incitement to molest other people;
3. encourages the exploitation of persons for sexual purposes or in violent ways;
4. contains material that is pornographic, violent or offensive or that includes links to adult websites;
5. requires the personal data of minors;
6. includes phone numbers, addresses, surnames, URLs or e-mail addresses;
7. includes notoriously false or misleading information or instigates others to illegal activities or behaviour that may involve abuse, threats, obscenities, defamation or calumny;
8. instigates unlawful or unauthorized copying of works by 3rd parties protected by copyright, eg. offers of pirate software or links to such programmes, offers of information on how to deactivate producers’ copy protection devices or offers of pirate music or links to files including same;
9. implies transmission of unsolicited mail, unsolicited “chain” or mass mailing, instantaneous messaging, spimming or spamming;
10. includes pages whose accessibility is limited or requires a password or hidden pages or images or that aren’t linked by/to other accessible pages;
11. incites or instigates to unlawful activities or ventures or that provides information and/or instructions relating to illegal activities including, by way of example, fabrication or purchase of weapons banned by law, violation of the privacy of other persons or the creation or diffusion of computer viruses;
12. requires of other Users passwords or personal data allowing them to be identified for purposes that are commercial or in breach of current legislation;
13. implies activities that are commercial and/or connected with sales without prior written approval from Autogrill, eg. prize competitions, lotteries, exchanges, advertising or pyramid schemes;
14. includes photos of other people published without the consent of the person appearing in the image;
15. in connection with profiles of bands and directors, uses images with a sex background or any other content that is dishonest, misleading or false to draw traffic to that profile.

Also forbidden are:

A) All illegal or unlawful activities including child pornography, fraud, exchange of obscene material, drug trafficking, gambling, threats, molestation, spamming, spimming, transmission of viruses or other harmful files, breach of copyright or patent rights or theft of trade secrets.
B) Publication or placing on the site using any method or technique of images, photos, films or music files belonging to 3rd parties and/or in any way protected intellectual property rights or copyright or patents of 3rd parties other than the User;
C) Publication or placing of trademarks, distinctive marks, logotypes, drawings or models that are the property or are subject to the exclusive rights of 3rd parties other than the User;
D) Advertisements or promotions addressing any User and inviting purchase or sale of any product or service via the Services. A User may not send chain mail or unsolicited mail to other Subscribers. Even use of any information obtained via the Services for the purpose of contacting, advertising, promoting or selling products or services to other Subscribers without their explicit consent is an infringement of the rules set forth above.
E) Blacking out or other concealment of advertising banners on a User’s personal profile page or any particip8.autogrill.com page using HTML/CSS code or any other mean.
F) Any automated use of the system, including the use of script to add friends or send comments and messages.
G) Interference with or interruption or overloading of the Services or the networks or services linked to the Services.
H) Attempts to impersonate another Subscriber or anyone else.
I) Use of the account, user name or password of another Subscriber, disclosure of your own password to 3rd parties or granting 3rd parties permission to access your account.
J) Sale or transfer under any title of one’s profile.
K) Use of any information obtained via Services for the purpose of threatening, abusing or damaging other people in any way.
L) Display of promotional messages in your profile or asking others for remuneration (cash or otherwise) in exchange for carrying out via the Services any commercial activity on their behalf, eg. for placing commercial content in the Subscriber profile, sending post in blogs or BBS messages for commercial purposes, selection of a profile with a commercial purpose as one of the “Top 8” friends or sending private messages for commercial ends.
M) Use of the Services in any way not allowed by applicable laws and regulations.

10. Disputes between Subscribers.

The User is the only person responsible for interaction with other users of particp8.autogrill.com. Autogrill SpA reserves the right, but is under no obligation, to monitor discussions between Users for the purpose of guaranteeing decency in such communications.

11. Limited liability.

Publication on particp8.autogrill.com is not subject to any prior approval or control on the part of Autogrill and published content does not necessarily reflect Autogrill’s opinions or criteria. Autogrill does not issue any guarantee, either express or implicit, as to the accuracy or reliability of content posted by Users or material or information or messages sent between Users. Save for legal limitations, Autogrill declines all responsibility in respect of content published via the Services. Profiles created and published by Subscribers may include links to other websites. Autogrill declines all responsibility regarding the content, accuracy or opinions expressed in such websites and carries out no analysis, monitoring or control of such sites. The presence of a link to a website via the Services does not imply endorsement or approval of that site on the part of Autogrill. Users access 3rd party sites at their own risk. Autogrill declines all responsibility for 3rd party advertisements published by particip8.autogrill.com or carried via the Services and for goods and services provided by advertisers. More generally, Autogrill declines all responsibility for the behaviour, whether on- or off-line, of Users of the Services.
Further, Autogrill declines all responsibility for errors, omissions, interruptions, cancellations, defects, operating or transmission delays, communication line failures, theft, destruction, unauthorized access or alteration of any communication made by Subscribers or Users. Autogrill declines all responsibility regarding any technical problems or inconvenience in phone networks or lines, on-line computing systems, servers or providers, IT equipment, software, errors in e-mails or reproduction software due to technical problems or high traffic levels on the Internet affecting Services or a combination of the two.

The aim of this document is to inform you that Autogrill is committed to guaranteeing the confidentiality of the data and information provided by users of the community access Service by keeping its own privacy protection policies in line with personal data protection legislation.

To operate the Service properly, our Company needs to acquire certain data regarding you, the user.

We must therefore inform you, pursuant to art. 13, decree law 196/03, about the use of your personal data that the Service entails and about the rights that users of the Service may exercise under art. 7, decree law 196/03.

In particular, the personal data required of the user are: name, surname, age, nationality and company.

Data provided will be used by Autogrill S.p.A. for the purpose of monitoring access to the Service by our users.

Such data will only be used with the methods and procedures strictly necessary for said monitoring and control of access to the Service.

We therefore invite you to give your consent to treatment of the data required for your access to the Community.

Provision of the data is optional but withholding it will mean it is impossible for us to provide the Service

The data will be processed by the processing manager and subjects specially engaged by Autogrill for the exclusive purposes of providing the Community service.

The data will not be made public in any way.

You may exercise your rights under art. 7, decree law 196/2003 at any time. This means you may: obtain information about the data regarding you; obtain the erasure or blocking of such data or its updating, correction or integration and also the issue of a statement that such operations have been notified to the recipients of your data; object, for legitimate reasons, to processing of such data; object to processing for commercial or advertising or market research purposes. To do so, you should contact the personal data Processor, in the person of: Il Responsabile del Trattamento dei Dati Personali, c/o Autogrill SpA - Centro Direzionale Milanofiori - Strada 5 Palazzo Z - 20089 Rozzano (MI).

The processing Controller is: Autogrill S.p.A. - Centro Direzionale Milanofiori - Strada 5 Palazzo Z - 20089 Rozzano (MI).

For further clarification on your right of access to your own personal data, here is the full text of art. 7, decree law 196/03.

Art. 7, decree law 196/03

1. The data subject is entitled to obtain confirmation of the existence or non-existence of personal data regarding him, even if not yet registered, and to receive communication of such data in an intelligible form.

2. The data subject is entitled to obtain the following information:

a) origin of the personal data;
b) purposes and methods of processing;
c) logic applied in the case of electronic processing;
d) identification details of the data controller, the processors and the representative designated in accordance with the provisions of art. 5, clause 2;
e) subjects and categories of subjects to whom personal data may be disclosed or who may gain knowledge of such data in their capacity as the designated representative in the territory of the State, processors or other designated persons.

3. the data subject is entitled to obtain:
a) updating, correction or, when in his interest, integration of the data;
b) erasure, conversion into an anonymous form or blocking of data processed in violation of the law, including data that does not need to be kept for the purposes for which it was acquired and subsequently processed;
c) a statement that the operations in a) and b) above have been notified, also along with the content thereof, to the subjects to which the data was communicated or disseminated except in cases where such action is impossible or entails use of resources manifestly out of proportion to the right safeguarded.

4. The data subject is entitled to object, in part or whole:
a) for legitimate reasons, to the processing of personal data regarding him even if relevant to the scope of data collection; b) to the processing of personal data regarding him for the purpose of transmission of advertising or direct sales material or for market research or commercial communication purposes.