PTM Management Solution

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I have read and agree with the terms 1.4 – 5.3 – 9.8 – 12 - 14

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Refresh date: 03/01/ 2013
Effective date: 03/01/ 2013
Thank you for choosing PTM Management.

PTM Management is a PTM S.r.l.' project. This program allows the user to set up the recipes for livestock feeding on the weighing indicators produced by PTM S.r.l.

This document contains the terms and conditions that govern the relationship between the user and PTM Srl with relation to the rights of use of the program, the offered features and any programs that the user should turn to access at the service. The user is required to inspect all of these conditions and regulating the modes of delivery and use of the service. This document also mentioned criteria and additional documents that the user is invited to read.

1. Definition, reference contract, reception and modification

1.1. Definition: In order to understand efficaciously these terms and conditions, user must be taken into account that:

USER: Means the PTM S.r.l customer that intends to access at the service.
PROGRAM: Means PTM Management must be intended as a whole, ie the whole package offered by PTM S.r.l for the management of the data, software and all the utilities include that PTM S.r.l offers to the user.
SOFTWARE: Means the software produced by PTM S.r.l. which allows the user to get access to the program and load, process, edit, and delete data.
USEFULNESS: Refer to the individual services that the PTM Management offers the user including, take as an example, displaying data, invoices, PTM communications, payment terms, etc.
DATA: Means all information belonging to the user and that it intends to load into the program at the end of their processing.
APPLICATION: means the software other (third-party) that the user may be required to take in order to obtain a particular processing data or best performing program.
ACCOUNT: means the combination of user name and password that constitue the authentication credential for the access to the program.
USER INTERFACE: refers to the area of the program allocated to the PTM messages for the user.

1.2. What services are covered by this contract?

This contract regulates everything offered by PTM Srl through the PTM Management.

1.3. What Conditions must be observed in the use of services?

The PTM Management is a program created to ensure the users to get access to their data and to process them wherever they are. The program is composed by a series of utilities implemented by PTM S.r.l; to allow the proper functionality of the program in case it may be necessary to get specific applications by third parties.

1.4. How do you subscribe to the contract?

For the purposes of the use of the program, the user must explicitly accept these conditions, which constitute the contract intended to regulate the relations between the user and PTM S.r.l. The acceptance of the following conditions is prerequisite to access to the program.

1.5. PTM may modify these conditions after they have been accepted?

PTM S.r.l. reserves the right to change the terms of this contract if: (i) it is required by the legislative action, (ii) the relation between the service provided and the price charged proves not fair, (iii) it is necessary for technical reasons, (iv) it is necessary to ensure the operation of the program or (v) in any case in which the conditions are cumulatively improvement for the user. PTM S.r.l. will inform you concerning the changes that it intends to introduce - at least 60 days prior to their entry into force - through the user interface and by an e-mail message. The user is free to reject the changes that PTM deemed introduce; the user must notify their choice - by registered letter to be sent at the PTM's offices in Visano (BS), Via per Isorella, 22/a - at least 30 days before the change becomes effective; this decision will be the result of the termination of the contract and the deactivation of your account in accordance with art. 4. All other cases, the changes introduced by PTM will be deemed accepted and will become fully operational in the time allowed.

1.6. What types of changes can be made?

PTM S.r.l. works hard constantly to improve its program, in order to update and/or to implement the utilities. It can therefore modify at any time. If the user had activated utility fees, PTM will notify to the user the changes that PTM intends to make according to the terms of art. 1.4. In this case, the user will be free to withdraw from the contract, and the user must communicate to PTM Srl by registered mail at the PTM S.r.l headsquare in Visano (BS) - ITALY, Via per Isorella, 22/a; the withdrawal will take effect after 10 days of receipt of the registered letter.

2. PTM Account

2.1. What is it the account PTM?

To access to the program you need to get an account. To create an account, the user must access at the user interface enter your user name (which coincides with its own e-mail address), a password and personal data that will be indicated by the software, some of which will be mandatory to obtain the activation of the account itself. The user will be solely responsible for maintaining of the user name and the password in order to avoid the abuse by third parties.

2.2. What do you need to do in case you are not allow to access at your PTM account?

As referred in the previous point, for the access at the account, the user must enter their user name and password.

If you forgot your username, the same information may be required to PTM S.r.l, by hand, the user must send an email containing all the personal information including tax code and VAT at service@ptmsrl.com PTM S.r.l. will respond to the request - one is confident of matching of the transmitted data with those found in its archives - responding to an email received and send you your username.

PTM S.r.l does not have the control (possession) of the password entered by the users. If the user forgets their password, the restore may visit the Web page I forgot my password! (http://www.ptm-management.com/password_reset.php).

3. Summary

3.1. Who is owns of the entered data by the user in the program?

PTM S.r.l. is restricted to allow to the user (client) a program with a series of utilities. The data entered by the user are and remain the exclusive property. Therefore customer is entirely responsible and it is required to make periodic backups of the data (backup) through computer systems to ensure the integrity.

3.2. Who is allow to access at the customer's data?

The user is the only responsible for the access of its data. You represent and warrant that, for the duration of the contract, you have the rights on the data included in the program and that do not violate the rights of third parties. The user indemnifies from now PTM S.r.l. from any claims also damages, that the former were to be addressed in relation to the data in the program; you also agree to attend at the eventual civil judgment that was incardinated by third parties against PTM S.r.l and to demand the ouster. The violation of the rights of others ascertained by the instance – it will constitute breach of contract and it will result an immediate termination of the relation.

3.3. Which are the operations that PTM can make at the Customer's content?

PTM S.r.l does not execute any kind of processing of the data uploaded by the user. PTM S.r.l is merely taking action of the program covered by this Agreement, in order to protect and/or improve the utility offers.

3.4. What kind of content is not allowed?

It is forbidden to enter the data whose content is contrary to the mandatory rules of the law.

3.5. PTM può rimuovere il contenuto dell'utente dal programma?

PTM reserves the right to refuse the upload and/or removed from the program data loaded by the user that are contrary to the law and/or to this agreement.

4. Services cancellation

4.1. Which are the effects of the breach of these conditions?

PTM S.r.l. will contest to the user in the cases of violation of this Agreement, with an intimation from continuing the conduct alleged emailed and inserted in the user interface; if the user, in the 15 (fifteen) days following the communication persists with the offense, PTM can take some action it deems necessary, including, without limitation, the removal of user data, the suspension of access the program, limiting the user's operations and / or termination of the infringement to the competent authority.

4.2. Are there other ways to allow the user to access and lose some features of the program?

PTM has the right to suspend and/or terminate your access at to part of the utility initially offered by the program, in all cases when they are no longer available for technological advancements or for the user feedback indicating the need for a change or the 'onset of external problems that make it difficult or unwise completion of supply.

4.3. As you can terminate your access to the program?

The user can stop the use of the program at any time and for any reason. The user must send a written notice of its decision by registered letter to PTM S.r.l office in Visano (BS) - ITALY, Via per Isorella, 22/a. The data that the user has loaded in your account will remain available for 60 (sixty) days of receipt of the request for deactivation; after this time the data will be deleted and will not be recoverable. Any decision to terminate the service does not determine the origin of the right to a refund of amounts already paid to PTM for the delivery of the same.

5. Privacy

5.1. PTM collects personal information?

PTM protects your privacy. PTM collects and processes personal information only with the purpose to allow the access to the program, the use of the utility and billing costs.

5.2. The utilities use the cookies?

The utilities available in the program use the cookies to ensure the storage of the user preferences and settings, customizing and analysis the content of how people use the services in order to improve them. PTM also uses cookies as part of the process of access to the account, as well as for any online advertisements. You agree that PTM may set cookies on your device to extent, it permitted by the custom settings.

5.3. Is the information about the use of the program use by the user and by PTM?

You agree and expressly agree with PTM and PTM can process all information associated with the use of the program by the user, in case PTM has reason to believe that such processing is necessary: (a) to comply with the law applicable and/or in response to legal action taken by competent authorities, (b) to implement this agreement and/or to protect the rights or property of PTM and / or users.

5.4. How do you respond to any legal PTM?

PTM could be the recipient of the legal action by the enforcement law, government agencies and/or private parties as to the content stored on your network. In such cases, PTM may be required to meet the demands of user information.

6. Service interruptions and backup

PTM is committed to maintaining the services up and running; PTM will not pay any compensation in case that it is due to lack of access and/or loss of data due to causes unrelated.

7. Software

7.1. What conditions are governed by the software and that are part of the program?

PTM can equip the program with a specific software to manage special utilities such as Java. The software may be provided with a specific operation conditions that the user must acknowledge and agree to use it; otherwise apply the contractual conditions under this Agreement. The software is licensed and PTM reserves all rights in the Software not expressly granted by the license terms PTM.

7.2. Are there incidents with the software or the program?

It is forbidden use or exclude the circumvent technological as protection measures to the present and/or in connection with the software or with the program, decompile or disassemble the software or any other aspect of the utilities accessible through the program, separate components for use on different devices, publish or copy software or rent it. You may not use the services in order to interfere with the use by others. The user can not access the program through third-party software.

7.3. How is the software updated?

PTM reserves the right to update the software in order to adapt the improvements and/or other develop to the program. You agree to receive the updates that are regulated by the present Conditions or other different that will be communicated simultaneously sending the update.

8. Additional conditions

8.1. Position.

If your device is enabled the recognition of the position, the user expressly consents to PTM to detect and use his position. PTM will use the location information to provide and improve search results and mapping.

9. The following conditions has been applied to underpayment users of PTM service

9.1. Costs.

If the utility offered by the program is associated with a cost, the user agree to the equivalent payment. The price sets for these utilities excludes all applicable taxes and fixes for currency change, unless otherwise specified.

9.2. Billing account user.

At the time of signing of a utility underpayment the user will be asked to indicate a method for payment for this service. You agree to notify any change for the method of payment; itself can change the information about the data for billing and terms of payment through utilities such intended the program. If you request to suspend the use of the method of payment and it does not provide an alternative method after receiving notice by email and/or information by the user interface, PTM will cancel the access to the utility payment.

9.3. Billing.

The user (s) warrant that you are authorized to use the method of payment indicated and all information provided are true, (ii) authorizes PTM to charge for the services using the payment method indicated and (iii) authorizes PTM to debit the cost of utility choices. The billing of fees for the use of the program and/or utility payment may be made (a) at the time of purchase, (b) immediately after the purchase, or (c) on a recurring basis for subscription services. With your consent, billing can also be done in advance.

PTM can also charge the total amount approved and communicate in advance for the difference for recurring subscription services. If the customer has received the program in the form of DEMO, for demonstration of the utility offers. In the event that the customer agreed to buy the license to use the program, PTM will also be billed the monthly usage as DEMO, being able to issue an invoice for the most cumulative recurring previous billing periods.

9.4. Automatic renewel.

The license of utilization of the program is subject to automatic renewal unless cancellation cummunicated to PTM Srl by registered mail at the headquarters in Visano (BS) - ITALY, Via per Isorella, 22 / a within 30 days before of the expiry of the contract.

9.5. Online statement and errors.

PTM will send to the user the communication by email and/or interface user, a statement of the account for the billed costs and for the utilities used. This is the only billing statement provided by PTM. Any differences detected by the user will be sent within 30 days by PTM. After this period, the invoice will be deemed correct.

9.6. The Cooling Off Period.

When the user requires the utilities to PTM, user has been entitled for a period of "rethinking" of 8 days, unless PTM do not start immediately to access the utility.

9.7. Offers for trial periods.

If the user partecipate in an offer for a trial period (DEMO), User must notify to PTM – by email to service@ptmsrl.com within 15 days from the end of the trial period – User's decision of don’t want to use the license and program. Otherwise, PTM S.r.l. will charge the customer the amount applicable to the type of contract chosen.

9.8. Price changes.

Where an offer utility provides a valid price for a specified period of time, that price will remain in force until the end of the offer period. If the services are offered on a periodic basis (eg monthly) without a specified length of time and if it is not a trial offer, PTM can change the price by up to 5% per annum and will inform the user at least 60 days before the amendment becomes effective by email and communication with the interface user, so the user will have the opportunity to withdraw before the price is changed by registered letter which must be received PTM S.r.l. in Visano (BS) - ITALY, Via per Isorella, 22 / at least 30 days before the expected change. In case of non-withdrawal, PTM will charge the services used by the user at the new price.

9.10. Cancellation of the using utility.

The user can delete the using utility at any time, for any reason. For more information and instructions on how to delete the service, please contact us :service@ptmsrl.com.

9.11. Payment delays .

The costs incurred by PTM for the collection of the overdue receivables are charged to the user. PTM will send to the user a payment request by email and by the interface use. PTM S.r.l. reserves the right to suspend and/or cancel the using utilities in case of you fail to make payment of the amount due by the deadline specified in the payment request.

10. Limitation of Liability

10.1. PTM is not responsible

for unforeseen damage, damage atypical and/or financial losses related to the lack of access to the program.

11. Third Party Web Sites

PTM will allow access through the program, to the Web sites and/or the applications to third parties. PTM is not, in any way responsible for the content of the sites visited, nor for the services and/or content available.

12. Transfer and assignment

PTM may assign, transfer, and/or in any other way PTM disposes of its rights and obligations under this contract, in whole or in part at any time and without notice, provided that such sale is not detrimental to you.

13. Comunication

PTM reserves the right to send to the user - an electronic form via email and using the interface use - information about the services, additional information and/or information required by law.

14. Interpretation of the contract, applicable law and jurisdiction

This agreement shall be governed and construed exclusively on the basis of Italian law. The contract is subject to Italian jurisdiction; the jurisdiction for the cases relating to this contract will be the Foro di Brescia.

Privacy Policy

PTM S.r.l. considers the users privacy essential and it warrants that the processing of inserted, collected and used personal data through the www.ptmsrl.com website is done in accordance with the rights of the concerned party, with reference in particular to privacy, protection of personal identity and right to the personal data protection under (EU) 2016/679 Regulation (General Data Protection Regulation – hereinafter GDPR).
This Privacy Policy is equivalent to policy according to Article 13 of GDPR, in all aspects with regard to the Site management mode according to the users personal data processing.

Data controller
The controller is PTM S.r.l., in the person of its pro tempore legal representative. As «processing» – as better specified in Article 4 of GDPR – is meant every operation or set of operations carried out with or without using automated processes and applied to personal data or set of personal data, as collection, registration, organization, structuring, retention, adjustment or change, mining, consultation, use, communication through transmission, dissemination or any other form at disposal, comparison or interconnection, limitation, deletion or destruction.
As «personal data» is meant every information regarding an identified or identifiable natural person («interested party»); it is considered identifiable the natural person who can be directly or indirectly identified, with particular reference to an identification as name, identification number, data related to location, online identification or to one or more distinctive features of his/her physical, physiological, genetic, psychic, economic, cultural or social identity;
This Privacy Policy is applied to the Users personal data, collected through the web site.

The Controller can collect some personal data of Users, such as name, surname, email address, USER ID and password, aggregated information during the Site browsing, other personal data voluntarily provided by the User during registration or when asking for goods or services offered by the Site or when sending an information enquiry to the Site through e-mail. Present contents are available to the Users without providing his/her personal data.
Some sections could result accessible exclusively by registered Users.
The User personal data can be processed by automated means, (i) during browsing, (ii) when registering in the Site (needed to be able to use services or to buy offered good by the Site), (iii) at the moment of supply enquiry either of single goods or single service.
Furthermore, if the User should contact us to ask for information, we’ll collect his/her personal data to give an answer.
The Controller will process personal data for as long as is strictly necessary to fulfil the purposes expressed in this information, except the compliance with legal and/or regulatory requirements.

Web browsing data
Information systems and software procedures for Site operation acquire, during their normal activity, some personal data which transmission is implied in the use of Internet Communication Protocols. It’s about information that are not collected to be associated with identified interested parties, but that, by their nature could allow to identify Users, through elaboration and association with data managed by third parties. In this data category are included IP addresses or domain names of computers used by Users that connect to the Site, addresses in (Uniform Resource Identifier) notation of the required resources, enquiry time, used method to submit the enquiry to the server, the size of file obtained as reply, numerical code that indicates the status of the server reply ( success, error, etc.) and other parameters relevant to the operating system ad to the User IT environment.
These data are used only to obtain anonymous statistic information on the site use and to check its proper functioning, they are deleted immediately after their processing. Data could be used to determine liabilities in case of hypothetical cybercrimes against the Site.

Data voluntarily provided by the User The Controller collects personal data inserted in forms for registration or enquiry for services or goods, as well as data forwarded to the User through electronic mail. Mainly it’s about information needed to supply to the User either required goods or services, or to contact the User in reply to his/her information enquiry.

Purpose of personal data processing The Controller shall process Users personal data for the following purposes: a) For the needs relevant to authorization, activation and customization operations of access to the different Site areas and relevant contents; b) For the needs relevant to a contract conclusion and execution upon the User request; c) to give execution to a service or operation within the sphere of activities; d) For the needs of business development, report analysis with Customers and marketing, prior specific consent of the User.

Optional personal data contribution
Subject to what specified for navigation data, the User can supply or not his/her personal data in the registration forms to the Site or for the enquiry of goods or services available on the Site, i.e. by sending information enquiry to the Site through electronic mail.

Communication and/or personal data dissemination
Users personal data collected through the site will be accessible to bodies and employees officially appointed as authorised to the processing.
Persona data can be communicated to third parties that process data on behalf of the Controller, expressly named Responsible for processing, with which the company has subscribed dedicated contract, where they warrant to have adopted procedures with the aim to ensure respect for the principles of the GDPR.
The Controller is legitimated, even without having acquired any previous consent, to communicate data to supervisory bodies, legal and security authorities, i.e. to third subjects, if forced in compliance with legal obligation and/or by the same authorities.

Rights of data subjects with reference to their personal data
At any time, you can exercise your rights according to Article 15 and following of the 679/2016 European Regulation. In particular you can:

Obtain the confirmation whether or not personal data exist;
Obtain their communication in intelligible form;
Obtain the data correction (art. 16, GDPR);
Obtain the erasure of the processed data (art. 17 GDPR);
Obtain the limitation of data processing (art. 18, GDPR);
Obtain communication of third recipients about intervention enquiries on data (art. 19, GDPR);
Object to data processing (Art. 21, GDPR);
Obtain the data portability;
Withdraw your consent to your data processing without prejudicing the processing lawfulness based on the consent given before the withdrawal;
Lodge a complaint with the supervisory authority on the legitimacy of the data processing.

All communication shall be sent to the Controller to the following e-mail address: ptm@ptmsrl.com

Amendments to the Privacy policy
The Controllerreserves the right to make changes to this document, in order to adopt changes to the legislation or to comply with technological innovation. Users are asked to have sight of this Privacy policy and regularly consult it or check any update or review that should be needed.




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