Information contained in the Privacy Policy pursuant to and for the purposes of the existing legislation on the protection of personal data, including Regulation (EU) 2016/679 (“GDPR”) as well as Legislative Decree No. 196/2003 as amended by Legislative Decree No. 101/2018 (the “Privacy Code”), is applicable to all the Users accessing and using the Corporate Website.

This document will provide information on how Digital Bros S.p.A., owner of the Website, manages users’ personal data through the Website, protects the privacy and controls the use made of users’ data while navigating the Website, either they access on the home page or internal pages.

The terms of this Privacy Policy apply only and exclusively to the Website and not to other websites owned by third parties that the user may access via the links that are contained in the Website.

This Privacy Policy is to be considered integral and substantial part of the Terms and Conditions of the Website and the Cookie Policy. Any changes will immediately enter into force and will apply to users of the Website after the date of such amendment. Therefore, we invite users to refer to the Privacy Policy any time he/she navigate Digital Bros Website in order to acknowledge the last version available. This Policy was updated on April 2020.

1. Controller and Data Protection Officer

The Controller of personal data is Digital Bros S.p.A., with registered office in Milano, via Tortona 37, 3/B. VAT No. and Company tax code 09554160151, Milan Companies Register No. 290680.

Data Protection Officer: Dario Treves

Email address: privacy.505games@505games.it

2. Type of processed data

• Navigation data

The processing of Personal Data of users visiting and consulting the Website is limited to the so-called navigation data which transmission is necessary for the functioning of computer systems and of programs essentials for the operation of the Website but which, by their very nature and in conjunction with other data, may permit the identification of users.

This category of data includes IP addresses or domain names of computers used by users who connect to the site, URI addresses (Uniform Resource Identifier) of requested resources, the time of the request, the method utilized to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the response from the server (successful, error, etc..) and other parameters related to the operating system and the users. Such data may be used to ascertain liability in the event of computer offenses committed against the Site and/or third parties.

• Personal Data or “Data“

Means any information referring to an identified or identifiable natural person that can be identified, directly or indirectly, through a reference identification, such as, for example, a name, an identification number, localization data, an online identification, and to one or more specific factors to his/her  physical, physiological, mental, economic, cultural or social identity. Therefore, data collected by Digital Bros could include strictly personal data of users that can identify them as specific persons. Differently, other data don’t allow to identify users directly, such as users’ profession or navigation data (source page; type of browser and operating system used by the navigator, etc) but are considered personal data as well as they relate and/or can be related to the firsts.

• Data voluntarily provided by individual users

The optional, explicit and voluntary sending of data as requested by different sections of the Website are used for requesting services offered by the Site (such as, by way of example and not limited to: when users request information or clarification using the e-mail address given on the Home Page or internal Pages of the Website or when the users voluntarily send their CV to propose as potential candidates or when direct calls are made or faxes are sent to numbers indicated in the “contacts” section.). Especially data given by Companies and professionals in the registration or application sections.

3. Purposes of processing personal data

Common personal data provided by users while browsing the Website or registering to the newsletter shall be processed strictly for the purposes indicated by Digital Bros S.p.A. during data collection itself, particularly in relation to newsletter sending. Users’ personal data transmitted may be used for prize and award contests, for sending advertising material and promotions related to the Website and Digital Bros S.p.A. only with explicit informed and voluntary approval given by the User

4. Means of processing personal data

All users’ data collected will be processed exclusively by those authorized and specifically trained.

Personal data are both stored on computerized and telematic tools as well as on paper and any other tool considered to be appropriate and respectful of the security measures defined by the regulation in force. The system used for sending the Newsletter is called MailUp.

Data are stored in order to make it possible to identify the User in the shortest possible time and to perform the services for which they were collected and then processed and, in any case, always in respect of what provided by the regulation.

Any damage caused by causes not directly attributable to Digital Bros S.p.A., such as inaccessibility of the Website, virus, corrupted files, interruption of telephone or computer services, or other causes like the ones listed above cannot be attributed to Digital Bros S.p.A. In addition, users are responsible for stock and storage all personal information connected to the Website.

Any potential subtraction or improper use of these data, and the consequences deriving from these events are responsibility of the user.

5. Nature of data provision

Personal data required by Digital Bros S.p.A. through the Website may be compulsory or optional.

Lack of users’ consent to provide compulsory data will make it impossible for Digital Bros to perform services they were collected for.

Users’ personal data may be used for prize and award contests, for sending advertising material and promotions related to the Website and Digital Bros S.p.A. only with explicit informed and voluntary approval given by the User.

6. Data disclosure

Users’ personal data disclosure to third parties is subject to limits given by law and the purposes described at point 3.

Third parties fall into the following categories:

i) people in charge of the managerial, contractual, accounting and legal administration of the Website;

ii) people in charge of the management and maintenance of the Website;

iii) other subjects to whom Digital Bros S.p.A. has given the possibility to access data, always in respect of law and regulation; iv) associated and related companies and associated offices.

7. Data storage

User’s personal data are stored for at least three years from the his/her last activity on the Website or an electronical system (particularly an e-mail message). After this period, user’s profile is considered “inactive” and will be automatically disactivated. It is user’s responsibility to create a new profile for new activities on the Website.

User’s personal data related to an order are stored for a period of three years from the order. They remain accessible from the user and the Company after the creation of the user’s account in order to give both the user and the Company his/her order history. The Company can cancel all the order history if requested by the user.

However, after the storage period and, if it is the case, after a cancelation request by the user, personal data may be stored to satisfy legal, accounting and fiscal obligations.

8. Consent to data processing

Where data processing requires explicit and voluntary consent by the user, said data shall be processed exclusively following the issuance of appropriate consent by the applicant user, giving the description of the specific purposes.

It is hereby disclosed that art. 6 of the GDPR provides some cases where data processing does not require the explicit authorization by the user, such as for legal and contractual obligations undertaken with the user.

9. User’s Rights

User may exercise at any time the right to obtain confirmation of the existence of Personal Data relating to him/her, pursuant art. 15 and following of the GDPR:

• Access right (art. 15 of the GDPR);
• Change/modification right (art. 16 of the GDPR);
• Deletion right (art. 17 of the GDPR);
• Restriction of the processing of data right (art 18 of the GDPR);
• Portability right (art. 20 of the GDPR);
• Objection right (art. 21 and 22 of the GDPR);
• Post-mortem directive (law No 78-17 of January 1978 on data processing, files and liberties);

For exercising the rights granted by the GDPR listed above, the User may contact the Controller of Personal Data of Digital Bros S.p.A. at the address indicated above (privacy.505games@505games.it).

The User also has, if there are conditions, the right to submit a complaint to the Italian Personal Data Protection Supervisor (the “Privacy Protection Authority”) pursuant art. 77 of the GDPR if his/her rights were infringed. To lodge a complaint with the Italian Data Protection Supervisor please visit the Privacy Protection Authority Website at the following address: www.garanteprivacy.it.

Access Right:

user has the right to obtain confirmation by Digital Bros S.p.A. of the processing of Personal Data relating to him/her and, if they are processed, the user has the right to access those data and the following information:

• purposes of the processing;
• data categories;
• recipients or categories of recipients to whom data will be communicated;
• when possible, duration of data storage or, when not possible, criterion used to determine such duration;
• the right to ask Digital Bros S.p.A. the modification or cancellation of data, the limitation of data processing and the right to object to those data processing;
• when data are not collected directly from the User, the right to obtain information on the sources;

When personal data are transferred or made available to a third country or an international organization, the User has the right to be informed of the appropriate guarantees related to the transfer.

Change/modification right:

user has the possibility to obtain by Digital Bros S.p.A., as soon as possible, the change and/or modification of data relating to him/her that are incorrect and can also request that incomplete data may be completed, after giving a complementary declaration for this purpose.

Deletion Right:

user has the possibility to obtain by Digital Bros S.p.A. the deletion, as soon as possible, of data relating to him/her for one of the following reasons:

• data are not anymore necessary for the purposes they have been collected or processed by Digital Bros S.p.A.;
• the consent to data process has been withdrawn and no other legal basis for data processing exists;
• the User has exercised the opposition right to the conditions explained below and no other legitimate ground to allow processing personal data exists;
• data were subjected to unlawful forms of processing;
• data need to be delated to comply with a legal requirement;
• data were provided by a child.

Limitation Right:

user has the right to obtain by Digital Bros S.p.A. the limitation to the processing of personal data for one of the following reasons:

• verification of data accuracy after an objection to data accuracy;
• processing is unlawful and the user requires limitation to the processing;
• Digital Bros S.p.A. does not need data for processing purposes anymore but those data are still necessary for determine, exercise and/or protect its rights;
• user opposed to data processing and Digital Bros S.p.A. verifies that legitimate grounds prevail on reasons given by the user.

Portability Right:

user has the possibility to receive from Digital Bros S.p.A. data relating to him/her in a specific and structured format currently used and readable on a device when:

• Consent to data processing is given;
• Data are processed through automated procedures;

When the user exercises its portability right, he/she is entitled to obtain data transfer directly from Digital Bros S.p.A. to an appointed responsible.

Objection Right:

user has the right to object, in any time and given motivations regarding his/her situation, to data processing by Digital Bros S.p.A.. In this case, Digital Bros S.p.A. will then no longer process those data unless it demonstrates that there are legitimate and compelling reasons for data processing prevailing on User’s interests and its rights and liberties. Digital Bros S.p.A. will then be allowed to store data for the determination, exercise and/or protection of its rights.

Lastly, the User has the right to object, totally or partially, for legitimate reasons to personal data processing relating to him/her, pertaining collection or processing of personal data for the purposes of sending marketing material or direct selling or for market researches or advertising communication.

10. Protection of minors

Unless specifically expressed, the Website services are intended for a general public. We recognize a special obligation to protect personal information obtained by young people. For this reason, in order for children under 16 years to register in any of the services provided, we require the e-mail address, or other contact information of a parent or guardian that will be contacted by Digital Bros S.p.A. to be informed and asked to confirm, change or refuse the registration of his/her child.

Digital Bros S.p.A. has the right to request a written authorization from the parent or guardian in any moment. Until the parent or guardian has not responded to Digital Bros S.p.A., the Website services offered to the child could be limited.

Cookies Policy

Cookies are small files sent by the user visiting websites and stored on the device used to access such sites (e.g. computers, smartphones, tablets, and any other device used to access sites). Cookies enable the identification of a device for their lifespan so they shall be considered as Personal Data.

Cookies can be installed from the Website that the user is visiting (so-called first-party cookies) or can be installed from other websites (so-called third-party cookies) enabling the recognition of the browsing device for the cookies’ lifespan.

No User’s Personal Data is acquired using cookies.

Cookies are not used for personal information communication, nor the so-called persistent cookies are used for users tracking.

The use of the so-called session-cookies (that are not permanently stored on the user’s device and disappear with the browser’s closure) is strictly limited to the transmission of identification data (consisting of random numbers generated by the web server) needed to permit secure and efficient use of the Website.

By using the so-called session cookies in this Website, other computer techniques that are potentially detrimental to Users’ privacy when browsing and do not allow the acquisition of personal identification data of users can be avoided.

Third party cookies

The use of third-party cookies (temporary or permanent) by the Website is anonymous and aimed solely at allowing the owner to use Web analytics services provided by third parties. These cookies allow to collect and register, anonymously, information on Website pages visited but cannot allow the identification of the user and are not combined with other information. This information is used exclusively to track and examine the Website use by the User and create statistics based on the information collected anonymously through the use of aggregated data.

We inform the User that the Web analytics service used by the Data Owner is “Google Analytics”, described below.

Google Analytics is a web analysis service provided by Google Inc. (“Google”) that uses cookies stored on the user’s device to analyze user’s behavior on the Website. Information collected by cookies on the Website (including the IP address) will be transmitted to Google and stored on Google’s servers in US. Google will use this information to track and examine the Website browsed by the user, compile reports on the activities registered on the Website and give other information regarding services of the Website and Internet use.

Google may transmit this information to third parties where asked by law or where those third parties process the information on behalf of Google. Google will not associate the users’ IP addresses to any other information owned. Users can, anytime, refuse to accept the use of cookies by selecting the appropriate setting on the browser. By using this Website, the user consents to his/her data being processed by Google in the ways and for the purposes described above.

For more information on Google’s Privacy Policy on Google Analytics Service, please visit the following page: http://www.google.com/intl/en/analytics/privacyoverview.html.

Terms and Conditions of use of the online platform “DBGA Careers”

The present General Terms and Conditions of Contract (hereinafter “Terms and Conditions” or the “General Conditions”) regulate and discipline access to the online platform “DBGA Careers” (hereinafter, the “platform”) and all ‘Use of all the services offered by the “platform itself” and available for students, companies, associations, people and/or in any case institutions (hereinafter the “user”) that have previously registered by filling out the appropriate form on the website www.careers.dbgamecademy.it (hereinafter, the “site”).

Please read carefully “Terms and conditions” prepared by Digital Bros Game Academy S.R.L. with registered office in Via Tortona, 37 – 20144, Milan, with P.IVA n. 08761260960 and registration number to the register of companies Mi- 2514158 (hereinafter, even only “DBGA”).

With the registration to the platform, the user expresses his consent to these Terms and Conditions and to all the provisions governing the use of the platform.

Given that:

• DBGA is a company that offers professional training specializing in the field of GAME DEVELOPMENT through the provision of intensive full-time courses to become Game Designer, Game Programmer, Concept Artist, 3D Game Artist and other professional figures related to the Game Industry and encourage access to the job market of their students by selecting the best companies and start-ups in Italy and abroad;
• DBGA has designed and developed the online digital platform accessible from the site that allows the user to interface directly with candidates who have successfully completed the courses organized by DBGA and with the companies;
• The platform is a tool reserved for the user, which has registered in the mode defined.

The premises, the registration form on the Site are an integral part of the “Terms and Conditions”

1. Terms of use of the platform

1.1 License to use the platform

The DBGA, in compliance with “Terms and Conditions”, undertakes to provide the user with a limited and not exclusive license to use the platform that allows the user to interface directly with the candidates and the companies to be able to evaluate any job proposals. In the use of the platform, the user undertakes to comply with the instructions of use indicated in the “Terms and Conditions”.

1.2 Access of the User to the Platform

In order to be able to access the platform, the user is required to register by providing some personal or company information. It is understood that the specific reading and approval of the general conditions (by means of the appearance of the appropriate box) constitutes an essential activity for the correct completion of the registration procedure and, therefore, of the use of the platform. To complete the registration phase, the user is required to indicate a valid e-mail address and a password, useful for the creation of his own account (hereinafter, the “profile”).

Access to the platform is allowed only through the use of username and password chosen during registration. In particular, the user undertakes to keep the above access alphanumeric codes with the utmost confidentiality and therefore also responds to the custody of the same: the user will therefore be the only responsible for any damage caused by any use of name User and password by unauthorized third parties.

The user undertakes to immediately communicate to DBGA the possible theft, loss, or appropriation by any reason, by unauthorized third parties, of the access credentials. Context and contemporary accesses are not allowed, with the same alphanumeric codes. The service can be used by different stations, but until a user, identified by the “username” code, is located within the platform it will not be possible for other users to enter using the same “username”.

It is made explicit forbids to the user to access the platform through programs or methods other than those officially issued and managed by DBGA; The attempt to violate the safety of the platform constitutes illegal behavior. The user is required to promptly notify the DBGA in the case of unauthorized use of access to the platform and its functions or any safety violation. DBGA is not responsible for any damage or disservices deriving from unauthorized uses of access through the alphanumeric codes assigned to the user.

The user can at any time access his profile to update and change the data entered, including information relating to his preferences. It is understood that the user who has made the registration will be the only responsible for the truthfulness and updating of this information.

In the event that the user does not complete the registration or authentication procedure after providing the e-mail address and/or other data required for registration, the user will receive a limited number of communications that will invite him to conclude the Registration process, without prejudice to the user’s faculty to delete his registration from the site, sending a communication to the following e-mail address careers@dbgameacademy.it with the object “Subscription”.

The user undertakes to provide an e-mail address, of which he guarantees to legitimately arrange and to which he access regularly. The user also undertakes to promptly update his e-mail address recorded on the account in case of variation. The profiles recorded with the e-mail address belonging to subjects other than the user or with temporary e-mail address can be deleted from DBGA without notice. DBGA also reserves the right to validate accounts where it is reason to believe that the e-mail addresses provided are not valid.

DBGA reserves, in its total and unquestionable discretion, to interrupt or suspend access by the user who has duly registered, if he believes that the latter has made a high number of access, possibly also in a small arch temporal or in place conducted and/or behaviors that have or can, even potentially, cause damage (even reputational) and/or nocument to DBGA.

2. Variation of Terms & Conditions

DBGA reserves the right to unilaterally modify the “Terms and Conditions” at any time by updating the version published on the site and it is the responsibility of the user to check the latest updated version of the terms and conditions on the site. The changes to “Terms and Conditions” will be effective from the time of publication on the site. The user can decide whether to maintain or cancel his registration on the platform following the changes made. The use of the platform after the “Terms and Conditions” intervened after the “Terms and Conditions” is to be understood as an express acceptance of the same changes and/or additions by the user himself.

3. Properties of the user data

Owner of the personal data regarding the user is the user itself.

In particular, DBGA undertakes not to sell or make available to third parties, in a partial or total, temporary or definitive lists;

4. Intellectual Property right

All the rights, brands, illustrations, images and logos concerning the DBGA on the site are and remain the exclusive property of the DBGA and are protected by the laws in force on the brands and the related international treaties. The site, the platform and the information contained is owned by the DBGA. The user is therefore authorized to take advantage of the aforementioned content, for exclusively personal use by obliging himself not to distribute, disseminate, dismiss or transfer by any means, even electronic, called content. The unauthorized copy and the diffusion in violation of intellectual property rights is prohibited.

5. Authorization of use of the user materials

The user, with the acceptance of the “Terms and Conditions” expressly authorizes the use by the DBGA of his name, logo, photos and video-graphic materials on the DBGA website for communications for marketing and/or purposes Sponsorship of the activity of the DBGA itself (by way of example through video interviews, press releases, posts on the main social networks) as well as in financial relations or documentation for potential investors.

The use by the user, the logo, commercial name and any other distinctive sign relating to the platform will be allowed to the sole purpose of promoting the use of the platform itself.

6. User obligation

The user undertakes not to use the platform for illegal purposes or not contemplated in the “Terms and Conditions” the user cannot use the platform in order to damage or in any case affect the site or interfere with the use and enjoyment of the site and the platform by other users.

The user is required to preserve the access credentials to his confidential account and is responsible for any use of the platform that is done by anyone who accesses using his credentials. The user undertakes to warn DBGA immediately in case of suspected violation of the safety of his account.

7. Declarations, guarantees and responsabilities

7.1 Declarations between parties

The parties declare that the use of the platform by the user takes place, without any prejudice with respect to the faculties of the DBGA provided for by the previous article 1.2, free of charge or paid in the event of the existence of specific contractual agreements with DBGA in full autonomy and, consequently, the user will be exclusively responsible for it.

The user and DBGA agree that there is no obligation to be paid by any reasons .

7.2 Guarantee of correctness of the user information

The user declares and guarantees that all information provided to DBGA is complete, correct and updated. Authorizes DBGA to exercise all the rights necessary to execute the provisions of the “Terms and Conditions”, to the use of its logos and/or brands for marketing and sponsorship of the DBGA activity.

7.3 Responsibility for user non fulfillment

The user undertakes to keep DBGA in full unscathed and manned from all damages, losses, responsibilities, costs, charges and expenses that the user should suffer, and that would not have been suffered, incurred or requests if the user had fulfilled to the obligations assumed with the signing of these “Terms and Conditions”.

Nothing in this article is valid to limit or exclude the responsibility of any party in the event of willful misconduct or gross negligence, it being understood that the DBGA will in no way be responsible for any malfunction of the platform due to the Internet connections that can result in damage and/or prejudices to the user.

The user takes note and recognizes that the use of the platform will take place independently and that the user will be exclusively responsible for it. The user obliges himself irrevocably to keep the DBGA and his employees and collaborators in full unscathed from any damage or prejudice, both contracting the contractual and non-contractual, which should derive, directly or indirectly, from the methods of use of the platform.

7.4 Defaults for external events

DBGA will not be held in any way responsible for the malfunction of the platform or the impossibility of carrying out accessory services or connected to the use of the platform, such as exemplary but not exhaustive, failures, overloads, interruptions etc…

DBGA undertakes to maintain as far as possible the efficiency and functionality of the platform and the site but cannot be held responsible in the hypothesis in which it should be forced to interrupt its use for exceptional events or deriving from causes outside its own sphere of reasonable control or from causes of force majeure or fortuitous chance or for the necessary maintenance activity.

DBGA will also not be responsible for the behavior or omissions of third parties who comply with the functioning of the platform, including, by way of example and not exhaustive, the slowdowns of speed or the failure to function of the computers that manage the electronic traffic between the user and the platform.

7.5 Third-party services

In the event that the user uses functionality of the platform made available by third parties (including network operators), DBGA will allow access to these features without prejudice that they are subject to terms, conditions and limitations imposed by the related suppliers e that in no case will DBGA be responsible for the failure or incorrect functioning of the same. If the third parties change, suspend or interrupt the disbursement of these features, the user can consequently change, suspend or interrupt access to these services without notification obligation. Further, DBGA will be authorized to suspend the use of the platform that is directly dependent on services offered by these third parties. In any case, the faculty for DBGA remains to make use of different suppliers in order to guarantee the functionality of the platform.

8. Processing of user data

The User acknowledges that the DBGA will process data pursuant to current legislation, and according to what is indicated by EU Regulation 2016/679 and Legislative Decree 101/2018.

9. Applicable law

“Terms and Conditions” and in general the relations between the company and users are regulated by Italian law and must be interpreted in accordance with it.

If one of the clauses of these “terms and conditions”, or any part of the these clauses, for any reason in law is declared by a competent judge (or by an illegitimate, invalid or inapplicable college to any natural or legal person or At any circumstance, this invalidity, illegitimacy or non -applicability, cannot affect any other provision of these terms and conditions (nor any other part of the aforementioned) or the application of this clause to other people and/or circumstances. The parties agree that this invalid, illegitimate or non -applicable clause or the significant part of it must be replaced with other provisions, substantially having the same effect or the effect as close as possible according to the law to that intended by the parties with reference to the specific question and objectives of these Terms and Conditions.

The parties declare that for any dispute should arise about the validity, effectiveness, interpretation and execution of these “terms and conditions” will be subjected to the mandatory and exclusive territorial competence of the Milan Forum.

DBGA and the User obliged, in any case, to preventively experience a preliminary attempt to conciliate referred to in Legislative Decree no. 28/2010, even where not mandatory. The mediation procedure must be established ahead of the conciliation chamber of the Milan Bar Association or other body chosen by mutual agreement between the parties.

With the issue of its final authorization for registration, therefore, the user fully and explicitly approves, without any reserve, these terms and conditions.   

 

Pursuant to and for the purposes of articles 1341 and 1342 cod. civ., the user declares that he has examined and expressly accepting all the clauses that precede and in particular the clauses referred to in articles 1.2 (user access to the platform), 2 (variations of the T&C), 5 (advertising), 7.3 (Responsibility for the information published), 7.4 (responsibility for the default of the user) and 9 (applicable law and competent forum) of these General Conditions.