Terms and Conditions

The following agreement is between Digital Company Italia Srl Ltd. (“Digital Company Italia Srl ”) and you (“Client”). By completing the registration process, Client agrees to be bound by this Agreement when signing up for Digital Company Italia Srl service.

I. Description of Service

Digital Company Italia Srl hosts an online digital signage application service, for broadcasting signs to screens connected to the Internet. This agreement defines terms and conditions for using Digital Company Italia Srl service.

II. Proprietary Rights

Digital Company Italia Srl hereby grants Client a non-exclusive, non-transferable application service for the sole purpose of evaluation during a free trial period. The Client acknowledges that all Title & Rights for the software and services provided and all intellectual property associated with it is the sole property of Digital Company Italia Srl Ltd.

III. Data Processing

Digital Company Italia Srl may keep records of:
• Name and job title.
• Contact information including email address.
• Demographic information such as postcode, preferences and interests.
• Other information relevant to customer surveys and/or offers (such as the pages in our websites which you have visited).
The records will be kept for good, unless the Client asks, by writing, Digital Company Italia Srl to be forgotten (to be deleted).
Digital Company Italia Srl may use the information we collect from the Client when the Client registers, makes a purchase, signs up for Digital Company Italia Srl ’s newsletter, responds to a survey or marketing communication, surfs the websites, or uses certain other site features in the following ways and purposes:
• Internal record keeping.
• Digital Company Italia Srl may use the information to improve Digital Company Italia Srl ’s products and services.
• To personalize user’s experience and to allow Digital Company Italia Srl to deliver the type of content and product offerings in which the Client is most interested.
• To allow Digital Company Italia Srl to better service the Client in responding to the Client’s customer service requests.
• From time to time, Digital Company Italia Srl may also use the Client’s information to contact the Client for his order, subscription, market research or other products, services and news. Digital Company Italia Srl may use the information to customize the website according to the Client’s interests.

IV. Security

As a data controller (as defined in the General Data Protection Regulation, “GDPR” – Regulation (EU) 2016/679), Digital Company Italia Srl is committed to ensuring that the Client’s information is secured. In order to prevent unauthorized access or disclosure, Digital Company Italia Srl has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information it collects online and offline.
For any GDPR issue (personal data), please feel free to inquire our European representative in Portugal, who acts as the focal point of contact for any GDPR issue. You can do that by sending an email to support@dciplay.com.

V. Data Controller and Data Processor

Digital Company Italia Srl as a data controller and data processor is obliged to:
• Impose confidentiality obligations on persons authorized to process the personal data.
• Ensure the security of the personal data.
• Return or destroy the personal data at the end of the processing arrangement, unless it is required to Digital Company Italia Srl as mentioned in clause no. III above.

VI. Partner as Data Processor

In case the Client becomes a Digital Company Italia Srl ’s partner (reseller), the Client obliges to:
• Process personal data only on Digital Company Italia Srl ’s system;
• Impose confidentiality obligations on persons authorized to process the personal data.
• Ensure the security of the personal data.
• Comply with additional rules restricting the appointment of sub-processors.
• Assist Digital Company Italia Srl to comply with data subjects’ rights.
• Assist Digital Company Italia Srl to comply with data security requirements.
• Return or destroy the personal data at the end of the processing arrangement, unless it is required to the Client as mentioned in clause no. III above.
• Provide Digital Company Italia Srl with all information necessary for Digital Company Italia Srl to demonstrate compliance to GDPR.
• Notify Digital Company Italia Srl immediately if it believes that any instructions from Digital Company Italia Srl are illegal.

VII. Limited Liability

  1. Client expressly agrees that use of Digital Company Italia Srl  application is at Client’s sole risk. Neither Digital Company Italia Srl , its employees, affiliates, agents, third-party information providers, resellers or the like, warrant that Digital Company Italia Srl  service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information or service contained in or provided through Digital Company Italia Srl , unless otherwise expressly stated in this Agreement.
  2. Under no circumstances, including negligence, shall Digital Company Italia Srl , its offices, agents or any one else involved in creating, producing or distributing Digital Signage service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Digital Company Italia Srl  service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Digital Company Italia Srl records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Digital Company Italia Srl  servers.
  3. Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract or misdemeanor including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
  4. IN THE EVENT THAT, NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, Digital Company Italia Srl  IS FOUND LIABLE DAMAGES, SUCH SHALL NOT EXCEED FIFTY US DOLLARS ($50).

VIII. Indemnification

Client agrees that it shall defend, indemnify and hold Digital Company Italia Srl harmless from any and all demands, liabilities, losses, costs and claims, including attorneys’ fees, (“Liabilities”) asserted against Digital Company Italia Srl , its agents, its customers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assignees.
This agreement represents the complete agreement and understanding between Digital Company Italia Srl and Client and supersedes any other written or oral agreement. Upon notice published online, Digital Company Italia Srl may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Submission of Client’s account order shall constitute the Client’s complete acceptance of these Terms and Conditions.

IX. Termination

Digital Company Italia Srl may terminate the license granted herein at any time and for any reason.

X. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Israel.

XI. Privacy

Our Privacy Policy describes the collection, use and sharing of certain information that may be provided in connection with your use of our services. You acknowledge and agree that all users will read and understand our Privacy Policy before accessing or using our services. By using the services, you acknowledge that your data will be processed in accordance with our Privacy Policy and this Agreement and may be processed in a country where it was collected, as well as in countries where privacy laws may be less stringent, including the United States. By using our services or submitting your data through our services, You expressly consent to such processes. To the extent, you provide personal information about a named person or entity that is not a current user of our services, you represent that you have that person’s or entity’s consent to do so.