Условия, Политика Конфиденциальности и Куки

Article 1 – Definitions and general information

The Terms, the Privacy Policy and the Cookie Policy, hereinafter collectively referred to as the AGREEMENT, between the User and Relifeme, a no-profit association (Tax Code no. 96453070581), with registered office in Rome (Italy), Via di Grotta Perfetta 329 (postal code 00142), hereinafter referred to as the HOLDER, govern the terms and conditions of access to and use of the Relifeme Social Network, hereinafter referred to as RELIFEME, with which the User is required to comply.

The following legal documents are essential and integral parts of the AGREEMENT and are accepted by the User upon acceptance of the AGREEMENT:

1. the Privacy Policy;
2. the Cookie Policy;
3. the Worldwide Licence granted by the User to the HOLDER;
4. the Worldwide Licence granted by the HOLDER to the User.

The AGREEMENT is governed by the applicable provisions and laws in force, including, by way of example but not limited to, Regulation (EU) 2016/679 (GDPR), Italian Legislative Decree no. 196 of 30 June 2003, Regulation (EU) 2022/2065 (Digital Services Act), Regulation (EU) 2024/1689 (AI Act), Regulation (EU) no. 1215/2012 and any other applicable regulation by reason of the nature of the service, hereinafter collectively referred to as the PROVISIONS AND LAWS.

The AGREEMENT is in force from 4 May 2026 (Version 10.0) and may not in any way:

1. be transferred, in whole or in any of its provisions, by the User to any other natural or legal person;
2. be modified by the User;
3. be waived by the User;
4. be the subject of acts, initiatives or actions of the User in conflict with the PROVISIONS AND LAWS.

The HOLDER, as a no-profit association with no profit purpose, has founded its operating model on the collection of free and voluntary donations from Users, in order to support the development, maintenance and provision of the services of RELIFEME.

The HOLDER may be contacted by the User at the following addresses: ordinary electronic mail at [email protected], certified electronic mail (PEC) at [email protected] (registered under the dedicated domain of the association), or by registered letter sent to the address of the registered office of the HOLDER.

The Data Protection Officer (DPO) of the HOLDER may be contacted at [email protected] for any matter relating to the processing of personal data.

For the purposes of the obligations set forth in Regulation (EU) 2022/2065 (Digital Services Act), the HOLDER has designated as single point of contact the address [email protected], to which all communications in Italian and English provided for by the said Regulation may be sent.

RELIFEME is a social network technically structured in two components accessible via the main internet browsers:

1. the institutional website, accessible at the address www.relifeme.com, containing public information on RELIFEME, the descriptive pages of the features, the AGREEMENT, the contact channels and the references to donations;
2. the Web App, accessible at the address app.relifeme.com, hosting the registration and login pages and the entire user experience, including the Account, the LifeBook, the USER CONTENT and all the services provided for and governed by the AGREEMENT.

RELIFEME enables the User, who has accepted the AGREEMENT, to create, manage, publish and share a personal multimedia diary, called the LifeBook, containing texts, images, audio, video and any other content allowed by the AGREEMENT, hereinafter collectively referred to as USER CONTENT.

RELIFEME further enables the User, who has accepted the AGREEMENT, to designate one or more third parties, registered or not registered on RELIFEME, with the role of Friend, Angel and Validator, in accordance with the modalities and purposes provided for in the AGREEMENT.

For the purposes of the AGREEMENT, the following terms shall have the meanings indicated below:

1. User: any natural person who registers on RELIFEME, accepts the AGREEMENT and accesses the services provided for and governed by it. Each User is necessarily Author of his/her own LifeBook;
2. ACCOUNT: the personal space reserved to the User within RELIFEME, accessible by means of unique credentials;
3. Author: a User of RELIFEME in his/her capacity as holder and administrator of his/her own LifeBook. The status of Author is inseparable from registration on RELIFEME and each User is Author of one single LifeBook. The Author may choose to use his/her own LifeBook in accordance with one of the following modes:
   1. never to publish the LifeBook, suspending the Determination of death system, and not to write any content;
   2. never to publish the LifeBook, suspending the Determination of death system, but to use it exclusively as a personal diary while alive, without it becoming, after death, a place of remembrance;
   3. never to publish the LifeBook, suspending the Determination of death system, and to follow the LifeBooks of other Authors in the roles of Friend, Angel, Validator, Follower or Visitor;
   4. to publish the LifeBook, write content in it, use it as a personal diary while alive and as a place of remembrance after death, and to follow the LifeBooks of other Authors in the roles of Friend, Angel, Validator, Follower or Visitor;
4. LifeBook: the multimedia diary created and managed by the Author within his/her own Account;
5. Cover: the cover page of the LifeBook, customisable by the Author with photos and Thoughts;
6. Post: any single textual, multimedia or mixed content inserted by the Author in the LifeBook;
7. Album: the structured set of photos and videos collected by the Author on a specific theme;
8. Dedication: textual message that Users may leave on the LifeBook of an Author, provided the Author has enabled the relevant option;
9. Comment: textual message that Users may leave on a single Post of an Author, provided the Author has enabled the relevant option;
10. Memorial Post: content published on the LifeBook of a deceased Author by one of his/her Angels, provided the Author while alive has expressly granted such option to the Angels;
11. Posthumous information: integrative data relating to the date of death, the place of death, the place of preservation of the remains and the cause of death, that the Angels may insert on the Cover of the LifeBook after the death of the Author, provided the Author while alive has activated such option;
12. Friend: a User of RELIFEME, chosen by the Author, designated as the recipient of certain content or communications and entitled to access the LifeBook in accordance with the privacy settings established by the Author;
13. Angel: a User of RELIFEME, chosen by the Author, designated with specific powers of administration of the LifeBook after the death of the Author, in accordance with the will expressed by the Author and within the limits provided for in the AGREEMENT;
14. Validator: a natural person, registered or not registered on RELIFEME, designated by the Author with the option to confirm the death of the Author or to publish a Post or Album of the Author in publication mode "Event";
15. Follower: a User of RELIFEME who, in compliance with the privacy settings of the LifeBook of another Author, chooses to follow its content, receiving notification of publications;
16. Visitor: a User of RELIFEME who accesses the LifeBook of another Author set in privacy mode "All Relifeme users", limiting himself/herself to the consultation of the content without receiving notification of publications.

The terms defined in the AGREEMENT have the same meaning throughout it and in any documents annexed to it or referred to in it.

The AGREEMENT may be freely consulted by the User at the address www.relifeme.com at any time.

Article 2 – Purpose of the AGREEMENT

The AGREEMENT governs the terms and conditions of access to and use of RELIFEME by the User, including all the services provided for and governed by the AGREEMENT itself, in compliance with the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that RELIFEME is a social network that allows, among other things, the creation, management, publication and sharing of personal multimedia content in the LifeBook, with the peculiarity of allowing the User to regulate the modalities of preservation and publication of such content also after his/her own death.

The User acknowledges and unconditionally accepts that RELIFEME is not a dating platform, is not a private messaging system of a general nature, is not a generic cloud storage service, and does not provide services other than those provided for and governed by the AGREEMENT.

The User acknowledges and unconditionally accepts that the access to and use of RELIFEME and all the services provided for and governed by the AGREEMENT take place exclusively through the main internet browsers, after the registration of a personal Account and the acceptance of the AGREEMENT.

The User acknowledges and unconditionally accepts that RELIFEME and all the services provided for and governed by the AGREEMENT are provided free of charge, without prejudice to the option of the User to make free and voluntary donations, one-off or recurring, in favour of the HOLDER, in accordance with the modalities set forth in the AGREEMENT.

The User acknowledges and unconditionally accepts that RELIFEME and all the services provided for and governed by the AGREEMENT are intended exclusively for natural persons, in accordance with the age limits set forth in the AGREEMENT and in the PROVISIONS AND LAWS applicable in the country of residence of the User.

The User acknowledges and unconditionally accepts that the HOLDER, as a no-profit association with no profit purpose, does not pursue commercial logics nor profit aims, and that the collection of free and voluntary donations is intended exclusively to support the development, maintenance and provision of the services of RELIFEME.

The User acknowledges and unconditionally accepts that the use of RELIFEME and of all the services provided for and governed by the AGREEMENT is subject to the entire acceptance of the AGREEMENT, without reservations or conditions.

The User acknowledges and unconditionally accepts that the HOLDER may, at any time, in compliance with the PROVISIONS AND LAWS, make modifications to the AGREEMENT and to the services provided for and governed by it, in accordance with the modalities set forth in Article 6.

The User acknowledges and unconditionally accepts that any failure to comply with the AGREEMENT by the User entitles the HOLDER to adopt the measures provided for in the AGREEMENT itself, including the suspension or cancellation of the Account.

The User acknowledges and unconditionally accepts that the AGREEMENT constitutes the entire understanding between the User and the HOLDER in relation to its subject matter and supersedes any previous agreement, understanding or communication, whether written or oral, between the parties.

The User acknowledges and unconditionally accepts that the purposes and the services of the AGREEMENT, including the Privacy Policy, the Cookie Policy, the Worldwide Licence granted by the User to the HOLDER and the Worldwide Licence granted by the HOLDER to the User, are and remain essential and integral parts of the AGREEMENT itself.

Article 3 – Official language of the AGREEMENT

The User acknowledges and unconditionally accepts that the official language of the AGREEMENT, including the Privacy Policy, the Cookie Policy, the Worldwide Licence granted by the User to the HOLDER and the Worldwide Licence granted by the HOLDER to the User, all of which are essential and integral parts of the AGREEMENT, is English.

In the event of discrepancy, uncertainty or conflict between the English version and any other linguistic version, the English version shall prevail at all times.

The User acknowledges and unconditionally accepts that any translation of the AGREEMENT into other languages, where made available, is provided solely to facilitate the understanding of the AGREEMENT and does not constitute an official version of it.

The User acknowledges and unconditionally accepts that the English language is the only language of reference for the interpretation, execution and application of the AGREEMENT.

The User acknowledges and unconditionally accepts that the multilingual preamble accompanying the AGREEMENT, presented in the languages made available by the HOLDER, is provided solely to inform the User in his/her own language about the existence of the AGREEMENT and to refer the User to the Ethical Code, freely consultable at the address www.relifeme.com, and does not constitute a translation of the AGREEMENT.

Article 4 – Acceptance of the AGREEMENT

The User acknowledges and unconditionally accepts that the access to and use of RELIFEME and all the services provided for and governed by the AGREEMENT are subject to the entire acceptance of the AGREEMENT by the User, without reservations or conditions.

The User acknowledges and unconditionally accepts that the acceptance of the AGREEMENT takes place by means of a specific manifestation of will expressed at the time of the registration of the Account, consisting of the ticking of the appropriate consent boxes prepared by the HOLDER, including:

1. the box of entire acceptance of the AGREEMENT, including the Privacy Policy, the Cookie Policy, the Worldwide Licence granted by the User to the HOLDER and the Worldwide Licence granted by the HOLDER to the User;
2. the boxes of express consent to the processing of identification data and to the processing of personal data, including those belonging to special categories, pursuant to Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree no. 196 of 30 June 2003, as detailed in the Privacy Policy;
3. the box of express consent to the Determination of death system, based on the failure of the User to access his/her own Account, for the execution of the features of the Web App Relifeme after the death of the Author, referred to in Article 7 of the TERMS.

The User acknowledges and unconditionally accepts that the consent boxes referred to above are not pre-ticked and that their ticking constitutes a free, specific, informed and unambiguous manifestation of will of the Author.

The User acknowledges and unconditionally accepts that, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following clauses of the AGREEMENT are specifically approved by means of the appropriate ticking of the relevant boxes:

1. clause of suspension or termination of the services in compliance with the Digital Services Act;
2. clause of modification of the AGREEMENT with prior notice to the User;
3. clause of jurisdiction of the Court of Rome, without prejudice to the jurisdiction of the consumer's court pursuant to Regulation (EU) no. 1215/2012;
4. clause of assignment of the AGREEMENT by the HOLDER with prior notice to the User;
5. clause of exclusion of liability of the HOLDER except in cases of wilful misconduct or gross negligence pursuant to Article 1229 of the Italian Civil Code;
6. clause of ten-year retention of the data of the User, also after the cancellation of the Account, pursuant to Article 2946 of the Italian Civil Code and Article 22 of Italian Presidential Decree no. 600 of 29 September 1973;
7. clause of limitation of liability of the HOLDER for services provided by third parties (Cloudflare, PayPal) pursuant to Article 1229 of the Italian Civil Code;
8. clause of standard of professional diligence in the management of software writing errors;
9. clause of modification after the death of the Author of the essential principles of the AGREEMENT only if they do not alter the will expressed by the Author in the LifeBook;
10. clause of indemnity for breach of the minimum age requirement pursuant to the AGREEMENT only in cases of wilful misconduct or gross negligence of the User.

The User acknowledges and unconditionally accepts that, in the absence of entire acceptance of the AGREEMENT, it is not possible to access and use RELIFEME and the services provided for and governed by it.

The User acknowledges and unconditionally accepts that, at the time of the acceptance of the AGREEMENT, the User declares:

1. to be a natural person who has reached the age of 14 or the minimum age of digital consent established by the PROVISIONS AND LAWS applicable in his/her country of residence, pursuant to Article 8 of Regulation (EU) 2016/679 (GDPR);
2. to have the capacity to enter into a binding AGREEMENT pursuant to the PROVISIONS AND LAWS applicable in his/her country of residence;
3. not to be subject to any prohibition of access to and use of the services provided on RELIFEME and governed by the AGREEMENT, pursuant to the applicable PROVISIONS AND LAWS;
4. to undertake to comply with the AGREEMENT and the applicable PROVISIONS AND LAWS;
5. never to have been convicted of a serious offence or of a crime, nor of a violent offence, and not to be required to be registered in any criminal record or similar register of his/her country of residence;
6. to have read, understood and entirely accepted the AGREEMENT, including the Privacy Policy, the Cookie Policy and the Worldwide Licences incorporated therein;
7. to provide the HOLDER with truthful, accurate, complete and updated data at the time of the registration;
8. to undertake to keep his/her own data updated over time, by means of the appropriate features of the Web App;
9. to use RELIFEME and the services provided for and governed by the AGREEMENT in compliance with the PROVISIONS AND LAWS and the AGREEMENT itself;
10. not to use RELIFEME and the services provided for and governed by the AGREEMENT for unlawful, fraudulent, defamatory, offensive, discriminatory, violent purposes or otherwise contrary to public order and good morals.

The User acknowledges and unconditionally accepts that the HOLDER has the right to verify at any time the truthfulness of the data provided by the User and to suspend or cancel the Account in case of falsity, inaccuracy or incompleteness thereof.

The User acknowledges and unconditionally accepts that the acceptance of the AGREEMENT is a necessary and sufficient condition for the registration of the Account and for the access to and use of RELIFEME and the services provided for and governed by the AGREEMENT.

Article 5 – Licences incorporated in the AGREEMENT

The User acknowledges and unconditionally accepts that, upon acceptance of the AGREEMENT, the following licences are granted, which constitute essential and integral parts of the AGREEMENT:

1. Worldwide Licence granted by the User to the HOLDER. The User grants to the HOLDER, pursuant to Article 20 of Italian Law no. 633 of 22 April 1941 (Copyright Law) and Article 22-bis of the same legislative text, and in compliance with the PROVISIONS AND LAWS, a worldwide, non-exclusive, royalty-free, perpetual, transferable and sublicensable licence to reproduce, store, retain, archive, index, technically adapt, technically modify, distribute, publish, communicate to the public, make available to the public, translate, convert format, create derivative works, aggregate, render publicly visible and consultable, as well as to perform on the USER CONTENT all technical manipulations and optimisations necessary to ensure proper web use across all browsers and devices, including, by way of example but not limited to: the segmentation (chunking) of large files into segments to enable upload, transmission and progressive viewing; the automatic generation of cover images (poster, thumbnail) from video content; the conversion and transcoding into web-compatible formats (such as, by way of example, MP4, WebM, HLS, DASH, WebP, AVIF); the compression and weight reduction of files to optimise their transmission and viewing; the creation of derivative files and multiple versions of the same content at different resolutions, qualities or bitrates; the automatic extraction of technical metadata; within the limits set forth in the AGREEMENT and the privacy settings of the LifeBook, of the USER CONTENT uploaded, published, shared or otherwise made available by the User on RELIFEME and on all the services provided for and governed by the AGREEMENT. The User acknowledges and unconditionally accepts that the Worldwide Licence granted by the User to the HOLDER:
   1. is granted to the HOLDER exclusively for the purposes provided for and governed by the AGREEMENT;
   2. does not entail the transfer of the ownership of the intellectual property rights on the USER CONTENT, which remain vested in the User;
   3. does not exempt the HOLDER from compliance with the PROVISIONS AND LAWS in matters of personal data protection, copyright, related rights and any other applicable regulation;
   4. continues to apply also after the cancellation of the User's Account, limited to USER CONTENT shared with other Users and USER CONTENT subject to retention obligations under the PROVISIONS AND LAWS;
   5. continues to apply also after the death of the Author, within the limits of the will expressed by the Author in the LifeBook and in compliance with the PROVISIONS AND LAWS in matters of protection of the data of deceased persons;
   6. includes the option of the HOLDER to perform, automatically and without need of further consent of the User, all technical manipulations and optimisations necessary to ensure proper web use of the USER CONTENT, without prejudice to the integrity of the original expressive content, the respect for the will of the Author as to publication and the non-alteration of the meaning and substance of the USER CONTENT; the derivative files generated as a result of such manipulations (such as chunking segments, video cover images, versions at different resolutions) constitute integral parts of the USER CONTENT and are subject to the same privacy and visibility settings chosen by the User for the original content.
2. Worldwide Licence granted by the HOLDER to the User. The HOLDER grants to the User, in compliance with the PROVISIONS AND LAWS, a worldwide, non-exclusive, royalty-free, personal, non-transferable and non-sublicensable licence to access and use RELIFEME and all the services provided for and governed by the AGREEMENT, within the limits of the entire acceptance of the AGREEMENT by the User and in compliance with the PROVISIONS AND LAWS. The User acknowledges and unconditionally accepts that the Worldwide Licence granted by the HOLDER to the User:
   1. is granted exclusively for the purposes provided for and governed by the AGREEMENT;
   2. does not entail the transfer of the ownership of the intellectual property rights of the HOLDER, including the trademark, the logo, the domain name, the graphical interfaces, the source code, the algorithms, the technical solutions and any other element constituting the intellectual property of the HOLDER;
   3. is revocable by the HOLDER at any time, in the cases and according to the terms set forth in the AGREEMENT.

Article 6 – Variations to the AGREEMENT, revocation and termination

The User acknowledges and unconditionally accepts that the HOLDER has the option, at any time, to make modifications, variations, updates or integrations to the AGREEMENT, including the Privacy Policy, the Cookie Policy, the Worldwide Licence granted by the User to the HOLDER and the Worldwide Licence granted by the HOLDER to the User.

The User acknowledges and unconditionally accepts that the modifications to the AGREEMENT may be determined, by way of example but not limited to, by:

1. modifications of the applicable PROVISIONS AND LAWS;
2. technical or functional updates of RELIFEME and of the services provided for and governed by the AGREEMENT;
3. introduction of new services or features;
4. discontinuation of services or features no longer supported;
5. supervening organisational or management needs of the HOLDER.

The User acknowledges and unconditionally accepts that, in case of modifications to the AGREEMENT, the HOLDER promptly informs the User of the modifications made by means of:

1. communication via electronic mail to the address provided by the User upon registration;
2. publication on the website www.relifeme.com of the updated version of the AGREEMENT;
3. display of an appropriate notice on the interface of RELIFEME accessible to the User after login.

The User acknowledges and unconditionally accepts that, in relation to the modifications to the AGREEMENT, and without prejudice to the prevalence of the will of the Author expressed in the LifeBook, the HOLDER guarantees that:

1. the modifications to the AGREEMENT do not alter the essential principles of the AGREEMENT itself and, in particular, do not alter the will expressed by the Author in the LifeBook with regard to the preservation and publication after the death of the Author of the USER CONTENT;
2. the modifications to the AGREEMENT are communicated to the User with reasonable advance notice, allowing the User to evaluate them and to take the consequent decisions;
3. the User has the option not to accept the modifications to the AGREEMENT and to proceed to the cancellation of his/her own Account without charges and without consequences, without prejudice to the data retention obligations provided for by the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the continuation of the access to and use of RELIFEME and the services provided for and governed by the AGREEMENT, after the receipt of the "Update of Terms, Privacy and Cookie" notification, constitutes tacit acceptance of the modifications made to the AGREEMENT.

The User who does not intend to accept the modifications has the option, at any time, to proceed to the cancellation of his/her own Account in accordance with the modalities set forth in the AGREEMENT.

The User acknowledges and unconditionally accepts that the HOLDER has the option, at any time, to revoke, suspend, interrupt, modify or terminate, in whole or in part, RELIFEME and the services provided for and governed by the AGREEMENT, for supervening technical, organisational, management, economic or regulatory reasons.

The HOLDER may suspend or terminate the activity of the no-profit association Relifeme (Tax Code no. 96453070581), also definitively, upon prior communication to the Users with at least six months advance notice, within which the Users may export and download their own USER CONTENT, and without prejudice to the right of the HOLDER to identify a successor entity that ensures analogous values and continuity of the service.

The User acknowledges and unconditionally accepts that, in cases of revocation, suspension, interruption, modification or termination of RELIFEME and of the services provided for and governed by the AGREEMENT, the HOLDER is not bound to any obligation of indemnity, compensation or refund towards the User, save in cases of wilful misconduct or gross negligence pursuant to Article 1229 of the Italian Civil Code.

The User has the option, at any time, to withdraw the consent given to the AGREEMENT and to request the cancellation of his/her own Account, by means of the appropriate features of RELIFEME or by communication to the HOLDER at the addresses indicated in Article 1 of the TERMS.

The User acknowledges and unconditionally accepts that, in the event of withdrawal of consent or cancellation of the Account:

1. the User's right to access and use RELIFEME and the services provided for and governed by the AGREEMENT shall cease;
2. the USER CONTENT shall be deleted or anonymised in accordance with the modalities provided for in the AGREEMENT and the PROVISIONS AND LAWS, without prejudice to the data retention obligations provided for by Article 2946 of the Italian Civil Code (ten-year ordinary statute of limitations) and Article 22 of Italian Presidential Decree no. 600 of 29 September 1973 (retention of accounting records);
3. the Worldwide Licence granted by the User to the HOLDER, with respect to USER CONTENT shared with other Users, shall remain in force, limited to such USER CONTENT, within the limits provided for in the AGREEMENT;
4. the Worldwide Licence granted by the HOLDER to the User shall cease immediately and entirely, the legal title that legitimised the access to and use of RELIFEME and the services provided for and governed by the AGREEMENT being thereby extinguished.

The User acknowledges and unconditionally accepts that the cancellation of the Account does not exempt the User from the fulfilment of the obligations entered into before the cancellation, nor does it prejudice the rights acquired by the HOLDER and by third parties towards the User.

The HOLDER has the option, at any time, to terminate the AGREEMENT for just cause or for justified reason, including, by way of example but not limited to, the failure of the User to comply with the AGREEMENT, the violation of the PROVISIONS AND LAWS, the infringement of third-party rights, suspected fraud or abuse.

The User acknowledges and unconditionally accepts that the termination of the AGREEMENT by the HOLDER for just cause or justified reason entails the immediate cessation of the User's right to access and use RELIFEME and the services provided for and governed by the AGREEMENT, without the User being entitled to any indemnity, compensation or refund.

The User acknowledges and unconditionally accepts that the obligations of non-competition, confidentiality and non-use of the trademarks, logos and domain names of the HOLDER, where provided for in the AGREEMENT or in the PROVISIONS AND LAWS, shall remain in force also after the termination of the AGREEMENT.

Article 7 – Account on RELIFEME

The User acknowledges and unconditionally accepts that the access to and use of RELIFEME and of the services provided for and governed by the AGREEMENT are subject to the creation of a personal Account, by means of registration on the Web App at the address app.relifeme.com.

The User acknowledges and unconditionally accepts that the registration of the Account requires the provision of the following personal data:

1. first name and last name;
2. electronic mail address (email);
3. access password, freely chosen by the User in compliance with the minimum security requirements indicated by RELIFEME;
4. date of birth;
5. place of birth;
6. nationality;
7. optional second nationality, the provision of which is optional;
8. mother tongue;
9. gender, with the option for the User to select "not declared";
10. religion, with the option for the User to select "not declared";
11. further personal data possibly required by RELIFEME in relation to specific features.

The User acknowledges and unconditionally accepts that RELIFEME allows the activation, on an optional basis and by means of a single activation switch ("yes/no"), of the provision, after the death of the Author, by the designated Angels, of the following integrative personal data:

1. place of death;
2. cause of death;
3. place of preservation of the remains.

The activation of the switch authorises all the designated Angels, indistinctly, to insert and to subsequently modify the aforementioned integrative data. The deactivation of the switch generally precludes the insertion of such data. The provision of the integrative data is optional and does not constitute a condition for the determination of death nor for the publication of the LifeBook. The integrative data, once inserted, constitute integral parts of the USER CONTENT and are subject to the same privacy and visibility settings of the LifeBook.

The User acknowledges and unconditionally accepts that, as a result of the designation and acceptance of the role by the Angels, all the designated Angels collectively hold the following options on the LifeBook of the Author and on the USER CONTENT, to be exercised in compliance with the AGREEMENT and with the will expressed by the Author:

1. to write Memorial Posts of the Author on the LifeBook;
2. to add new Friends and new Angels, who entirely inherit the visibility prerogatives of the USER CONTENT granted by the User to the group of Friends and Angels;
3. to block and subsequently re-enable the comments published by other Users on the USER CONTENT;
4. to block and subsequently re-enable the Dedications published by other Users on the LifeBook;
5. to block and subsequently re-enable the access to the LifeBook by individual Users.

Such options are attributed in collective form to the group of designated Angels, with the consequence that each Angel may exercise them independently. The User has the option, at any time, to revoke the designation of one or more Angels and to redefine the group of designated Angels, by means of the appropriate features of the Web App.

The User acknowledges and unconditionally accepts that the registration of the Account and any subsequent access to the Web App require, in addition to the email address and the password, the entry of a one-time security code (One-Time Password, OTP) generated through Multi-Factor Authentication (MFA). The User may choose, among the available modes, the generation of the OTP code through an authenticator app or the receipt of the OTP code at the registered email address.

The Multi-Factor Authentication is mandatory and constitutes a necessary condition for the registration, for the access to and for the use of RELIFEME and of the services provided for and governed by the AGREEMENT, as a technical security measure adopted by the HOLDER pursuant to Article 32 of Regulation (EU) 2016/679 (GDPR).

The User acknowledges and unconditionally accepts that the registration and the access to RELIFEME take place exclusively by means of the entry of the email address and of the password chosen by the User, supplemented by the Multi-Factor Authentication referred to in the preceding paragraph. Under no circumstances are registration or login allowed by means of credentials of third-party providers or social platforms, including, by way of example but not limited to, Google, Apple, Microsoft, Facebook, X and any other Single Sign-On or federated identity service. The HOLDER does not make use of any federated authentication system and does not share the credentials of the User with third parties.

The User acknowledges and unconditionally accepts that the Account is personal and non-transferable, and that the access credentials (email and password) are confidential and must not be communicated to third parties.

The User acknowledges and unconditionally accepts the obligation to keep the access credentials of the Account with the utmost diligence and to promptly inform the HOLDER in case of loss, theft or unauthorised use thereof.

The User acknowledges and unconditionally accepts that:

1. the HOLDER is not liable for the unauthorised use of the Account caused by negligence of the User in the safekeeping of the access credentials;
2. the User is fully responsible for any activity carried out through his/her own Account;
3. the HOLDER has the option to suspend or cancel the Account in case of suspected fraud, unauthorised use or breach of the AGREEMENT.

The User acknowledges and unconditionally accepts that RELIFEME is equipped with a Determination of death system, founded on the failure of the User to access his/her own Account through the login procedure, articulated in the sequential phases described below.

First Non-access period (mandatory). The User chooses the duration of the First Non-access period within an interval ranging from 5 days to 10 years. Upon expiry of the First Non-access period without the User having logged in, the HOLDER sends recurring messages of electronic mail to the registered email address, with which the User is invited to confirm his/her existence in life.

Second Non-access period (mandatory). The User chooses the duration of the Second Non-access period within an interval ranging from 5 days to 10 years. The Second Non-access period is activated exclusively if the User has not responded to the recurring messages of the First Non-access period. Upon expiry of the Second Non-access period without response from the User, the HOLDER sends further recurring messages of electronic mail to the registered email address.

Third Non-access period (optional). The User may activate a Third Non-access period, the duration of which the User defines within an interval ranging from 5 days to 10 years. The Third Non-access period is activated exclusively if the User has not responded to the recurring messages of the Second Non-access period. Upon expiry of the Third Non-access period without response from the User, the HOLDER sends further recurring messages of electronic mail to the registered email address.

Suspension of the Determination of death system. The response of the User to the recurring messages of the First, Second or Third Non-access period, or the performance of the login, determines the suspension of the Determination of death system. The system is reactivated from the First Non-access period exclusively if the User again does not access for the duration configured in such First period.

Additional email addresses for life-existence verifications. The User may, on an optional basis, add other email addresses in addition to the registration one, to which the HOLDER sends the recurring messages of the First, Second and possible Third Non-access period, in order to ensure greater robustness and redundancy of the Determination of death system. Each additional email address becomes operational exclusively upon confirmation by the User by means of a verification link, sent by the HOLDER to the address itself at the time of insertion. The User acknowledges and unconditionally accepts that he/she is required to insert exclusively email addresses of which he/she has full and effective control, and indemnifies the HOLDER from any liability connected with an improper use of email addresses not attributable to the User. The response of the User to the recurring messages received at any of the registered and verified email addresses has the same effect of suspension of the Determination of death system referred to in the preceding paragraph. The User has the option, at any time, to add, modify or remove the additional email addresses by means of the appropriate features of the Web App.

Validator confirmation (optional). The User may, on an optional basis, designate two Validators of death, who may be either Users registered on RELIFEME or third parties not registered. At the conclusion of the Second Non-access period or, if activated, of the Third Non-access period, and in the absence of response from the User to the recurring messages, the HOLDER sends to the two Validators an electronic mail message inviting them to access an appropriate interface of the Web App. Each Validator takes note of the text that the User has previously left for him/her, proceeds with the determination of death in accordance with the modalities deemed appropriate, and confirms the determination by means of the appropriate feature, simultaneously determining the publication of the LifeBook in accordance with the will expressed by the Author. The first of the two Validators who confirms the determination of death and determines the publication of the LifeBook automatically disables the analogous option of the second Validator.

The User acknowledges and unconditionally accepts that the Determination of death system is entirely deterministic, is based exclusively on the failure of the User to access the Account through the login procedure and on the possible confirmation of the designated Validators, and does not entail the use of any artificial intelligence system, machine learning algorithm or probabilistic inference, as further specified in Article 8 of the PRIVACY POLICY.

The User has the option, at any time, to modify the configuration of the Determination of death system, including the duration of each Non-access period, the activation or deactivation of the Third Non-access period and the designation of the Validators, by means of the appropriate features of the Web App. The User has also the option, at any time, to request the human intervention of the DPO of the HOLDER at the address [email protected], to express his/her own point of view and to contest the Determination of death system, pursuant to Article 22, paragraph 3, of Regulation (EU) 2016/679 (GDPR).

Article 8 – Services provided on RELIFEME

The User acknowledges and unconditionally accepts that RELIFEME provides the following services, which constitute the subject matter of the AGREEMENT:

1. creation and management of the LifeBook;
2. publication, management and preservation of the USER CONTENT, within the limits provided for in the AGREEMENT;
3. designation of Friends, Angels and Validators;
4. management of the Determination of death system and publication of the LifeBook after the death of the Author, in accordance with the will expressed by the Author;
5. reporting of content deemed unlawful, defamatory, false, violent or otherwise inappropriate, by means of the dedicated report tool.

The User acknowledges and unconditionally accepts that the LifeBook is the personal multimedia diary of the User, in which the User may insert Posts, Albums, images, audio, video and any other content allowed by the AGREEMENT.

The User acknowledges and unconditionally accepts that the LifeBook may be subject to the following general privacy settings, chosen by the User:

All Relifeme users: the LifeBook is accessible to all the Users of RELIFEME, each of whom may access the LifeBook as a Visitor, without receiving notifications, or choose to follow it as a Follower, receiving notifications of publications;

Followers, Friends and Angels included: the LifeBook is entirely accessible to the Followers, Friends and Angels designated by the Author; the other Users of RELIFEME have the option to view only the Cover of the LifeBook as a preview and may subsequently choose to access the LifeBook as Followers, unlocking its entire visualisation;

Friends and Angels included: the LifeBook is accessible exclusively to the Friends and Angels designated by the Author.

The User acknowledges and unconditionally accepts that, in addition to the general privacy settings of the LifeBook, each single content of the LifeBook (Post or Album) may be subject to additional privacy settings, of a more restrictive nature than the general settings of the LifeBook, including the possibility to limit the access to a single Friend or Angel, to a group of Friends and Angels, or to the Angels only.

The User acknowledges and unconditionally accepts that the activation of the Dedications on the LifeBook and of the Comments on the individual Posts is subject to a specific activation switch ("yes/no") that the User may enable or disable at any time; the Comments may be enabled exclusively on the Posts and not on the Albums.

The User has the option, at any time, to modify the privacy settings of the LifeBook and of the individual contents, by means of the appropriate features of the Web App.

The User has the option, at any time, to modify the visibility settings of the USER CONTENT, by means of the appropriate features of RELIFEME.

The User acknowledges and unconditionally accepts that the publication of the USER CONTENT in the LifeBook may take place in accordance with the various modalities made available by the Web App, including immediate publication, deferred publication over time and publication subject to the confirmation of a Validator designated for a specific content in "Event" mode, as detailed in the Instructions consultable at the page "User experiences" of the institutional website at the address www.relifeme.com/{lingua}/functions#toRules. The "Event" mode allows the User to subordinate the publication of a single Post or Album to the occurrence of a future uncertain event (such as, by way of example, a graduation, a wedding, a birth), the determination of which is entrusted to a Validator designated by the Author for that single content.

The User acknowledges and unconditionally accepts that the designation of Friends, Angels and Validators takes place by means of the indication of the name and the electronic mail address of the designated subject, who is informed of the designation by email.

The User acknowledges and unconditionally accepts that the subject designated as Friend, Angel or Validator has the option, at any time, to:

1. accept the designation and participate in RELIFEME in the assigned role;
2. refuse the designation by means of the option "I DO NOT PARTICIPATE", in which case the data of the subject are deleted from the systems of the HOLDER without undue delay;
3. revoke, at any time, the consent to the designation and request the cancellation of his/her own data.

The User acknowledges and unconditionally accepts that:

1. the designation of Friends, Angels and Validators is optional;
2. the User may modify, at any time, the subjects designated as Friends, Angels and Validators, by means of the appropriate features of RELIFEME;
3. the User is responsible for the truthfulness and accuracy of the data provided in relation to the designated subjects;
4. the User warrants to have obtained, where necessary, the consent of the designated subjects to the processing of their data by the HOLDER for the purposes provided for in the AGREEMENT.

The User acknowledges and unconditionally accepts that the options attributed to the designated Angels for the exercise of the powers of administration of the LifeBook after the death of the Author are detailedly governed in Article 7 of the TERMS.

The User acknowledges and unconditionally accepts that the report tool is accessible to all registered Users and, in accordance with the modalities provided for in the AGREEMENT, also to third parties not registered, for the reporting of content deemed unlawful, defamatory, false, violent or otherwise inappropriate.

Article 9 – Validators

The User has the option, at any time, to designate 2 Validators, with the function of confirming the death of the Author, in case of activation of the determination process referred to in Article 7.

The User acknowledges and unconditionally accepts that the designation of the two Validators is optional.

The User acknowledges and unconditionally accepts that the designation of the Validator takes place by means of the indication of the name and the electronic mail address of the designated subject, who is informed of the designation by email.

The User warrants to have obtained, where necessary, the consent of the designated Validator to the processing of his/her data by the HOLDER for the purposes provided for in the AGREEMENT.

The designated Validator has the option, at any time, to:

1. accept the designation and perform the assigned role;
2. refuse the designation by means of the option "I DO NOT PARTICIPATE", in which case the data of the Validator are deleted from the systems of the HOLDER without undue delay;
3. revoke, at any time, the consent to the designation and request the cancellation of his/her own data.

The Validator who has accepted the designation undertakes to:

1. provide truthful, accurate and complete data on his/her own contact details;
2. keep his/her own contact details updated over time;
3. act in good faith in compliance with the will of the Author who designated him/her and with the PROVISIONS AND LAWS;
4. confirm the death of the Author exclusively where he/she has effective and documented knowledge thereof.

The User and the Validator acknowledge and unconditionally accept that the confirmation of the death of the Author by the Validator constitutes an element of human supervision of the automated decision-making process of determination of death of the Author, pursuant to Article 22, paragraph 3, of Regulation (EU) 2016/679 (GDPR).

The Validator acknowledges and unconditionally accepts that the confirmation of the death of the Author constitutes a substitute declaration of notarial deed, made under his/her own responsibility pursuant to Article 47 of Italian Presidential Decree no. 445 of 28 December 2000, and that false confirmation entails the civil and criminal consequences provided for by the applicable PROVISIONS AND LAWS.

The HOLDER is not liable for acts or omissions of the Validator designated by the Author, save in cases of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code.

The Validator has the right, at any time, to contact the HOLDER at the addresses indicated in Article 1 of the TERMS, including the DPO at the address [email protected], in compliance with Article 22, paragraph 3, of Regulation (EU) 2016/679 (GDPR), to request information on the automated process of determination of death, to express his/her own point of view and to contest the same.

The User acknowledges and unconditionally accepts that, in case of revocation of the consent or supervening impossibility on the part of the Validator, the User may designate a new Validator by means of the appropriate features of RELIFEME.

The User acknowledges and unconditionally accepts that the designation of the Validators and the activation of the Third Non-access period are both optional. If the User designates the Validators, the HOLDER automatically contacts them in accordance with the modalities described in Article 7. The User also acknowledges and unconditionally accepts that, if neither of the two designated Validators confirms the death of the Author through the appropriate interface of the Web App, the death is in any event deemed determined, for the purposes of the AGREEMENT, by virtue of the expiry of the First and Second Non-access periods and, where activated, of the Third Non-access period, in the absence of response from the User to the recurring messages, and the HOLDER proceeds with the publication of the LifeBook in accordance with the will expressed by the Author.

The User acknowledges and unconditionally accepts that the Validator not registered on RELIFEME is not required to accept the AGREEMENT in its entirety. The electronic mail message by which the HOLDER communicates the designation to the unregistered Validator, as well as the appropriate interface of the Web App that the Validator accesses to confirm the death of the Author or to publish a Post or an Album in "Event" mode, contain an information notice summarising the role of the Validator, the effects of the confirmation, the nature of substitute declaration of notarial deed pursuant to Article 47 of Italian Presidential Decree no. 445 of 28 December 2000, the options of refusal and revocation, and the contact details of the Data Protection Officer (DPO) of the HOLDER. The confirmation rendered by the unregistered Validator following the review of such information notice produces the effects provided for in the AGREEMENT.

The HOLDER undertakes to process the personal data of the Validator in compliance with Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree no. 196 of 30 June 2003, for the sole purposes connected with the role of Validator and for the time strictly necessary for their execution, without prejudice to the retention obligations provided for by the PROVISIONS AND LAWS.

Article 10 – Email

The User acknowledges and unconditionally accepts that the communication between the HOLDER and the User takes place mainly by means of electronic mail (email), to the address provided by the User upon registration of the Account.

The User has the obligation to:

1. provide a valid, active email address under his/her own exclusive control;
2. keep his/her own email address updated over time, by means of the appropriate features of RELIFEME;
3. periodically check his/her own email inbox for the receipt of communications from the HOLDER;
4. promptly inform the HOLDER in case of loss, theft or unauthorised use of the registered email address.

The User acknowledges and unconditionally accepts that the HOLDER uses the registered email address to:

1. send technical, operational and service communications in relation to the AGREEMENT and to RELIFEME;
2. send communications regarding modifications, variations, updates or integrations of the AGREEMENT;
3. send reminders and communications in the context of the process of determination of death of the Author;
4. send communications regarding the USER CONTENT, the reports received through the report tool and any decisions adopted in relation to the Account;
5. send communications regarding the exercise of GDPR rights by the User or by third parties;
6. send, where permitted by the law and with the prior consent of the User, communications of an informative, promotional or marketing nature regarding the services of RELIFEME.

The HOLDER undertakes not to use the email address of the User for purposes other than those provided for in the AGREEMENT and not to assign the email address to third parties, without prejudice to the cases provided for by the PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the HOLDER is not liable for the failed receipt of email communications by the User for causes not attributable to the HOLDER, including, by way of example but not limited to, anti-spam filters, malfunctioning of the email service of the User, inaccuracy or obsolescence of the registered email address.

The User has the right, at any time, to object to the processing of his/her own data for direct marketing purposes and to revoke the consent previously given, by means of the appropriate features of RELIFEME or by communication to the DPO at the address [email protected].

Article 11 – USER CONTENT

The User acknowledges and unconditionally accepts that the USER CONTENT, including texts, images, audio, video and any other content allowed by the AGREEMENT, remains the exclusive ownership of the User, within the limits of the applicable PROVISIONS AND LAWS in matters of copyright, related rights and intellectual property.

The User acknowledges and unconditionally accepts that, by accepting the AGREEMENT, the User grants the HOLDER the Worldwide Licence referred to in Article 5, for the purposes provided for and governed by the AGREEMENT.

The User acknowledges and unconditionally accepts that it is forbidden to insert in the USER CONTENT:

1. unlawful, defamatory, offensive, discriminatory, racist, xenophobic, sexist content, content inciting hatred or violence;
2. child pornographic content, sexually explicit content not allowed, or otherwise offensive to human dignity;
3. content that infringes intellectual property rights, copyright, related rights, trademarks, patents, know-how or trade secrets of third parties;
4. content that infringes the confidentiality, honour, reputation, personal identity or image of third parties;
5. content that reveals personal data of third parties without their consent;
6. content that constitutes spam, phishing, fraud, or any other form of computer fraud;
7. content that contains viruses, malware, trojan horses or other harmful computer codes;
8. content that promotes or facilitates illegal or fraudulent activities.

The User is fully responsible for the USER CONTENT uploaded, published, shared or otherwise made available on RELIFEME, and warrants to have the right to use, publish and grant the Worldwide Licence to the HOLDER pursuant to Article 5.

The User indemnifies the HOLDER from any claim, demand, action or request from third parties relating to the USER CONTENT, including the related legal defence costs, within the limits provided for by the PROVISIONS AND LAWS.

The HOLDER has the option, but not the obligation, to perform preventive controls on the USER CONTENT uploaded on RELIFEME, and to remove, disable or limit access to USER CONTENT that results in violation of the AGREEMENT or of the PROVISIONS AND LAWS.

The HOLDER has the option, following a report received through the report tool, to adopt the measures referred to in Article 15 (Digital Services Act compliance), including the removal of the content, the limitation of its visibility, the suspension or termination of the Account of the User.

The User acknowledges and unconditionally accepts that the HOLDER is not liable for the USER CONTENT, save in cases of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code and without prejudice to the obligations of the HOLDER pursuant to Regulation (EU) 2022/2065 (Digital Services Act).

The HOLDER adopts adequate technical and organisational measures to ensure the security, integrity and availability of the USER CONTENT, in compliance with the applicable PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that the HOLDER automatically performs, on the USER CONTENT uploaded on RELIFEME, technical optimisation operations aimed exclusively at ensuring its proper web use across all browsers and devices. Such operations include, by way of example but not limited to: the segmentation (chunking) of large files for upload, transmission and progressive viewing; the automatic generation of cover images (poster, thumbnail) for video content; the transcoding into web-compatible formats; the compression and weight reduction of files; the creation of multiple versions of the same content at different resolutions, qualities or bitrates. Such operations are conducted in such a way as to preserve the integrity of the original expressive content and do not alter the meaning or substance of the USER CONTENT. The derivative files generated as a result of such operations constitute integral parts of the USER CONTENT and are subject to the same privacy and visibility settings chosen by the User for the original content.

The User has the option, at any time, to modify, remove or delete the USER CONTENT uploaded on RELIFEME, by means of the appropriate features.

The User acknowledges and unconditionally accepts that the removal of the USER CONTENT from RELIFEME does not entail the entire cessation of the related effects, when the USER CONTENT has been shared with other Users, has been subject to download by third parties, or is subject to retention obligations under the PROVISIONS AND LAWS.

The User has the option, at any time, to export and download the USER CONTENT, in a structured, commonly used and machine-readable format, pursuant to Article 20 of Regulation (EU) 2016/679 (GDPR), by means of the appropriate features of RELIFEME.

The User acknowledges and unconditionally accepts that the will expressed by the Author in the LifeBook, with regard to the preservation and publication after the death of the Author of the USER CONTENT, constitutes an express declaration of the User for the purposes of Article 2-terdecies, paragraph 2, of Italian Legislative Decree no. 196 of 30 June 2003, and prevails absolutely over the requests of third parties, including the heirs.

The User has the option to designate, in the LifeBook, one or more Angels to whom to attribute specific powers of administration after the death of the Author of the USER CONTENT, within the limits expressly provided for by the User and in compliance with the AGREEMENT and the PROVISIONS AND LAWS.

The HOLDER undertakes to respect and to give effect to the will expressed by the Author in the LifeBook with regard to the administration after the death of the Author of the USER CONTENT, within the limits of the AGREEMENT and the applicable PROVISIONS AND LAWS.

The USER CONTENT may refer to third parties, registered or not registered on RELIFEME. The User warrants to have obtained, where necessary, the consent of the third parties to the processing of their personal data pursuant to Regulation (EU) 2016/679 (GDPR) and to act in compliance with the applicable PROVISIONS AND LAWS.

The User acknowledges and unconditionally accepts that, in case of USER CONTENT relating to minor subjects, the User must obtain the prior written consent of the persons exercising parental responsibility or legal guardianship over the minor, as well as comply with the specific safeguards provided for by the applicable PROVISIONS AND LAWS.

Article 12 – Rights of the HOLDER

The HOLDER is the exclusive holder of all intellectual property rights relating to RELIFEME and to the services provided for and governed by the AGREEMENT, including, by way of example but not limited to:

1. the trademark "Relifeme" and any other trademark, logo and distinctive sign used by the HOLDER;
2. the domain name www.relifeme.com and any other domain name used by the HOLDER;
3. the graphical interfaces, the compositions, the design, the colours, the typographic characters, the icons;
4. the source code, the object code, the APIs, the algorithms, the technical solutions, the databases, the technical documentation;
5. the editorial content produced by the HOLDER, including texts, images, audio, video and graphics;
6. any other element constituting the intellectual property of the HOLDER.

The HOLDER has the option to modify, evolve, update and improve RELIFEME and the services provided for and governed by the AGREEMENT, at any time and without prior notice, without prejudice to what is provided for in Article 6.

The HOLDER has the option to adopt technical, organisational and security measures deemed necessary to ensure the protection of RELIFEME, the USER CONTENT and the personal data of the Users.

The HOLDER has the option to cooperate with the competent authorities, including the judicial authority, the police forces and the data protection authorities, providing the information requested pursuant to the PROVISIONS AND LAWS.

The HOLDER has the option to retain the data of the User for a period of 10 (ten) years following the cancellation of the Account, in compliance with Article 2946 of the Italian Civil Code (ten-year ordinary statute of limitations) and Article 22 of Italian Presidential Decree no. 600 of 29 September 1973 (retention of accounting records), namely:

1. for the protection of its own rights in case of future disputes;
2. for the fulfilment of tax, accounting and documentary obligations provided for by the PROVISIONS AND LAWS;
3. for the fulfilment of legal obligations, orders of the judicial authority or requests of the competent authorities;
4. for the defence in court of the HOLDER.

The HOLDER disclaims all liability towards the User or any of his/her successors, beneficiaries or assignees, and the User acknowledges this, for any delay, malfunctioning and interruption of access to and use of the services provided on RELIFEME and governed by the AGREEMENT and of access to and use of the USER CONTENT in the following cases:

1. force majeure, including weather events (fires, floods, earthquakes, storms, hurricanes or other natural disasters), extraordinary health events (pandemics and, in general, all collective manifestations of a rapidly spreading disease), war, invasion, acts of foreign enemies (also in the absence of declaration of war in progress), civil war, rebellion, revolution, insurrection, military acts or usurpation of power, terrorist activities, nationalisation, government sanctions, blockades, embargoes, labour disputes, strikes, lock-outs, electricity interruptions or other problems with telephone and telecommunication services, including network infrastructures and services, internet connectivity and server hosting and housing services, and the supply of electricity;
2. tampering or intervention by the User or by unauthorised third parties on the hardware, software and applications infrastructure used on RELIFEME and on the hardware, software and applications infrastructure of the HOLDER, or on any system or network referred to it;
3. cyber attacks (hacking) that limit, modify or prevent the proper functioning of the services provided on RELIFEME and governed by the AGREEMENT, or that limit, modify or prevent the access to and use of the USER CONTENT and, more generally, that limit, modify or prevent the proper functioning of the hardware, software and applications infrastructure used on RELIFEME and of the hardware, software and applications infrastructure of the HOLDER, or of any system or network referred to it;
4. improper use by the User of the services provided on RELIFEME and governed by the AGREEMENT;
5. malfunctioning of data connectivity of telecommunications operators, network and internet services, or malfunctioning of hardware or software of web and mobile devices and of any other means of the User;
6. delays, omissions, total or partial interruptions of the services provided on RELIFEME and governed by the AGREEMENT, attributable to telecommunications and network service operators, web address managers, social networks, providers of internet connectivity and server hosting and housing services, as well as the supply of electricity;
7. failures, tampering, intrusions and malfunctioning of any kind of the hardware, software and applications infrastructure used on RELIFEME and of the hardware, software and applications infrastructure of the HOLDER, or of any system or network referred to it;
8. incompatibility, fallibility, suspension or discontinuity of the hardware, software and applications infrastructure used on RELIFEME and of the hardware, software and applications infrastructure of the HOLDER, or of any system or network referred to it, save in cases of wilful misconduct or gross negligence of the HOLDER;
9. writing errors of the software and applications used on RELIFEME and of the software and applications of the HOLDER, or of any system or network referred to it, and writing errors in the source codes of the services provided on RELIFEME and governed by the AGREEMENT, it being understood that the HOLDER has undertaken with the diligence required of a reasonable professional in the design, development and maintenance of the software, and save in cases of wilful misconduct or gross negligence of the HOLDER.

The HOLDER disclaims all liability towards the User or any of his/her successors, beneficiaries or assignees for the events described above and, in general, for events of force majeure, fortuitous case or otherwise not attributable to the HOLDER for wilful misconduct or gross negligence, pursuant to Article 1229 of the Italian Civil Code.

The HOLDER has the option to make use of third-party suppliers for the provision of specific technical services connected to RELIFEME, including, by way of example but not limited to, Cloudflare for network and security services, PayPal for donation payment services. The HOLDER disclaims all liability for acts, omissions, malfunctioning or interruptions of such third-party suppliers, save in cases of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code.

The HOLDER undertakes to adopt adequate technical and organisational measures to ensure the operational continuity of RELIFEME, within the limits of the diligence of the reasonable professional. In case of cessation of activity, the HOLDER undertakes to communicate to the Users an advance notice of at least six months, within which the Users may export and download their own USER CONTENT, and undertakes to seek a successor entity that ensures analogous values and continuity of the service, within the limits of the applicable PROVISIONS AND LAWS.

In case of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code, the HOLDER is liable for the damages caused to the User or to third parties, within the limits provided for by the applicable PROVISIONS AND LAWS.

The restoration of the LifeBook, in case of erroneous or unauthorised cancellation, may be requested exclusively by means of a report received through the report tool by another User, upon verification of the identity of the requester through confirmation of the registered email address.

In case of breach of the minimum age requirements provided for in the AGREEMENT and in the PROVISIONS AND LAWS, the HOLDER reserves the right to request the User an indemnity, limited to cases of wilful misconduct or gross negligence of the User pursuant to Article 1229 of the Italian Civil Code.

Article 13 – Online donations

The User acknowledges and unconditionally accepts that RELIFEME is a social network, accessible via the main internet browsers at the address www.relifeme.com, which provides exclusively for free and voluntary donations, one-off or recurring, in favour of the HOLDER.

The User acknowledges and unconditionally accepts that the payment of free and voluntary donations, one-off or recurring, to the HOLDER takes place solely and exclusively through the donation modalities provided on the PayPal platform, a company offering digital payment and money transfer services.

The HOLDER reserves the right to implement, in addition to or in replacement of the donations on the PayPal platform, alternative tools or solutions of financial support of RELIFEME and of all the services provided for and governed by the AGREEMENT, where deemed valid or improving for the purpose of obtaining financial resources or for the security of the donation system.

The User acknowledges and unconditionally accepts that, in case of free and voluntary donations, one-off or recurring, to RELIFEME, the User authorises the corresponding crediting in favour of the HOLDER, in compliance with the donation modalities provided on the PayPal platform.

Any voluntary donation made by the User to Relifeme is governed exclusively by the tax and legal provisions of the country of residence of the User, including the regime of deductibility or tax credit, where applicable. The HOLDER does not provide tax advice in this regard and the User is the only one responsible for determining the tax treatment of the donation pursuant to the laws of his/her own country.

The User acknowledges and unconditionally accepts that:

1. the entire donation procedure, one-off or recurring, to the HOLDER takes place with secure connection directly between the User and the PayPal platform, outside the control and the responsibility of the HOLDER;
2. the HOLDER does not collect, store or process in any way data relating to the payment methods, credit cards, financial instruments or current accounts of the User used for the donation.

The HOLDER receives from the PayPal platform exclusively the net amount of the donation, net of the fees possibly applied by PayPal itself, and the minimum identification data of the donor necessary for the recognition of the donation.

The HOLDER undertakes to process the data relating to the donations in compliance with Regulation (EU) 2016/679 (GDPR), Italian Legislative Decree no. 196 of 30 June 2003, and all the applicable PROVISIONS AND LAWS, for the sole purposes of administrative, accounting and tax management of the donations.

The User acknowledges and unconditionally accepts that the free and voluntary donations, one-off or recurring, made to the HOLDER are aimed exclusively at supporting the development, maintenance and provision of the services of RELIFEME, in compliance with the non-profit nature of the association.

The User has the option, at any time, to revoke, modify or suspend the recurring donations, by means of the appropriate features of the PayPal platform.

The HOLDER undertakes to report to the User, upon request, the amount of the donations made and, where applicable, to issue a suitable certificate for tax purposes, within the limits of the applicable PROVISIONS AND LAWS.

The HOLDER disclaims all liability for acts, omissions, malfunctioning or interruptions of the PayPal platform, save in cases of wilful misconduct or gross negligence of the HOLDER pursuant to Article 1229 of the Italian Civil Code.

The User acknowledges and unconditionally accepts that, in case of cessation of the Account or revocation of the consent to the AGREEMENT, any free and voluntary donations already made by the User shall not be the subject of refund, by reason of the liberality nature thereof and of the absence of consideration on the part of the HOLDER.

Article 14 – Assignment of the AGREEMENT

The HOLDER has the option to assign the AGREEMENT, in whole or in part, to third parties, by means of communication to the User with reasonable advance notice, in cases of assignment of business unit, merger, incorporation, demerger or other corporate or association operation entailing the succession of a third party in the provision of the services of RELIFEME.

The User acknowledges and unconditionally accepts that, in case of assignment of the AGREEMENT, the assignee succeeds to all the rights and obligations of the HOLDER arising from the AGREEMENT, with the commitment to ensure analogous values and continuity of the service, and without prejudice to the right of the User not to accept the assignment and to proceed to the cancellation of his/her own Account without charges and without consequences.

Article 15 – Digital Services Act compliance

Relifeme qualifies as a micro or small enterprise pursuant to Article 3 of Commission Recommendation 2003/361/EC, having fewer than 50 persons and an annual turnover or annual balance sheet total not exceeding 10 million euros. Therefore, pursuant to Article 19 of Regulation (EU) 2022/2065 (Digital Services Act), Relifeme is exempt from the obligations referred to in Section 3 of Chapter III of the Digital Services Act, including the obligations of transparency reporting on content moderation decisions referred to in Article 24.

Notwithstanding such exemption, the HOLDER voluntarily adopts the following measures for the protection of the Users and the transparency of the service:

Single point of contact. The HOLDER designates as single point of contact for direct communication with the authorities of the Member States, the European Commission and the European Board for Digital Services the address [email protected]. The same email address is made available as single point of contact for the Users of RELIFEME, pursuant to Article 12 of the Digital Services Act, for the submission of electronic communications in Italian and English.

Notice and action mechanism. Any User or third party may notify the HOLDER of the presence on RELIFEME of information considered illegal content, pursuant to Article 16 of the Digital Services Act, by sending a notice to the address [email protected], including a sufficiently substantiated explanation of the reasons why the notifying individual or entity claims that the information in question constitutes illegal content, a clear indication of the precise electronic location of the information, the name and email address of the notifying individual or entity, and a statement confirming the good faith belief that the information and the assertions contained therein are accurate and complete.

Statement of reasons for decisions. Where the HOLDER adopts a decision to remove or disable access to specific items of information, to restrict the visibility of specific items of information, to suspend, terminate or restrict the provision of the service to a User, or to suspend or terminate the User's Account, the HOLDER provides the User concerned with a clear and specific statement of reasons for the decision, pursuant to Article 17 of the Digital Services Act, at the latest at the time of the decision.

Access to USER CONTENT by the staff of the HOLDER for the examination of the report. The User acknowledges and unconditionally accepts that, in order to allow the staff of the HOLDER the diligent, objective and non-arbitrary examination of the reports received through the report tool, pursuant to Article 16 of Regulation (EU) 2022/2065 (Digital Services Act), the staff of the HOLDER has the option to access and consult the USER CONTENT strictly necessary for the examination of the single report, including, by way of example but not limited to: the Posts and Albums of the LifeBook, the texts, the images, the audio content, the video content, the Dedications, the Comments, the privacy settings of the LifeBook and of the individual contents, and the data relating to the designation of Friends, Angels and Validators. The User acknowledges and unconditionally accepts that the access to the USER CONTENT by the staff of the HOLDER, for the purposes referred to in the preceding sentence:

1. is permitted exclusively to the personnel of the HOLDER previously authorised and bound by obligations of confidentiality pursuant to Article 28, paragraph 3, letter b), of Regulation (EU) 2016/679 (GDPR);
2. is limited to the USER CONTENT strictly necessary for the examination of the single report, in compliance with the principle of minimisation referred to in Article 5, paragraph 1, letter c), of the GDPR;
3. is performed in compliance with the purposes of platform security, prevention of abuses and fulfilment of the obligations provided for by Regulation (EU) 2022/2065 (Digital Services Act), which constitute the legitimate interest of the HOLDER pursuant to Article 6, paragraph 1, letter f), of the GDPR, in combination with the fulfilment of the legal obligation pursuant to Article 6, paragraph 1, letter c), of the GDPR;
4. is recorded in the internal logs of the HOLDER, retained for the time strictly necessary for the management of the report and for the possible activation of judicial or administrative procedures.

The User acknowledges and unconditionally accepts that the access by the staff of the HOLDER is limited to the USER CONTENT subject to the report and does not extend to the Determination of death system, to the automated management of the transfer of powers to the designated Angels, nor to the contents of the LifeBook not subject to the report and protected by the privacy settings chosen by the Author.

Internal complaint-handling system. Users affected by a decision of the HOLDER referred to in the preceding paragraph have the right to lodge complaints, free of charge, against such decision, for a period of at least 6 (six) months following the decision, pursuant to Article 20 of the Digital Services Act. Complaints may be sent to the address [email protected]. The HOLDER handles the complaints in a timely, non-discriminatory, diligent and non-arbitrary manner, and communicates to the complainant the reasoned decision without undue delay.

Out-of-court dispute settlement. Without prejudice to the right to take judicial proceedings, the Users may select any out-of-court dispute settlement body certified pursuant to Article 21 of the Digital Services Act to resolve disputes relating to the decisions adopted by the HOLDER.

Suspension of abusive Users and notifiers. The HOLDER has the option to suspend, for a reasonable period of time, the Users who frequently provide manifestly illegal content, or who repeatedly submit manifestly unfounded notices or complaints, pursuant to Article 23 of the Digital Services Act.

Protection of minors. The HOLDER adopts adequate and proportionate measures to ensure a high level of confidentiality, protection and security of minors on RELIFEME, pursuant to Article 28 of the Digital Services Act, including the prohibition of registration for Users below the minimum age requirements provided for in the AGREEMENT.

Article 16 – Jurisdiction and applicable law to the AGREEMENT

The User acknowledges and unconditionally accepts that all disputes relating to the form, validity, execution, interpretation and breach of the AGREEMENT, including the Privacy Policy, the Cookie Policy, the Worldwide Licence granted by the User to the HOLDER and the Worldwide Licence granted by the HOLDER to the User, which are essential and integral parts of the AGREEMENT, are submitted to the jurisdiction of the Italian Republic, with jurisdiction of the Court of Rome. For Users qualifying as consumers pursuant to European Union law and the applicable national consumer protection regulations, the competent court is that of the place of domicile or residence of the consumer, in compliance with Regulation (EU) no. 1215/2012 and any other mandatory provision of the consumer's country of residence.

The User acknowledges and unconditionally accepts that the laws applicable to the AGREEMENT, including the Privacy Policy, the Cookie Policy, the Worldwide Licence granted by the User to the HOLDER and the Worldwide Licence granted by the HOLDER to the User, which are essential and integral parts of the AGREEMENT, in compliance with the PROVISIONS AND LAWS, are exclusively those of the Italian Republic.

For Users qualifying as consumers pursuant to the laws of their country of residence outside the European Union, the application of Italian law does not deprive such Users of the protection guaranteed to them by the mandatory provisions of the consumer protection regulations of their country of residence, to the extent that such mandatory provisions are applicable and not derogable by agreement.

Without prejudice to the mandatory jurisdiction of the judge of the domicile or residence of the consumer within the European Union, and any other mandatory rule applicable to consumers, the parties may agree, by mutual consent and in writing, to submit any dispute arising out of or in connection with the AGREEMENT to the WIPO Arbitration and Mediation Center (Geneva, Switzerland), in compliance with the WIPO Arbitration Rules or, where applicable, the WIPO Expedited Arbitration Rules. The arbitration shall be conducted in English language and the seat of the arbitration shall be Geneva. The choice of WIPO arbitration is offered as a voluntary alternative to judicial proceedings and does not replace nor limit the right of the User to apply to the competent judicial authority.

The HOLDER guarantees and undertakes to ensure that the User, in his/her capacity as consumer, is in any case protected by the local, state and national laws, regulations and rules, in force and future, in matters of protection of consumer rights of the country of origin or residence. For consumers residing in jurisdictions where mandatory consumer protection laws apply, the provisions of such laws prevail over any conflicting provision of the present AGREEMENT, to the extent required by the relevant local law.

Should any part of the AGREEMENT prove to be unenforceable in compliance with the PROVISIONS AND LAWS, the unenforceable part shall be deemed modified to the minimum extent necessary to render it enforceable, or, if it cannot be rendered enforceable, shall be excluded, and the remaining part of the AGREEMENT shall remain valid and shall continue to be in force. The unenforceability of any part of the AGREEMENT shall not in any way constitute a waiver of the acceptance of the AGREEMENT by the User.

The User acknowledges and unconditionally accepts that any tolerance of the HOLDER towards breaches by the User, even repeated, does not constitute a waiver of the rights arising from the AGREEMENT and from the PROVISIONS AND LAWS.

The User has the option to lodge a complaint with the competent supervisory authority, identified in the Italian Data Protection Authority (Piazza Venezia 11, 00187 Rome; email: [email protected]; PEC: [email protected]), in case he/she considers that the processing of his/her own personal data takes place in violation of Regulation (EU) 2016/679 (GDPR) or of Italian Legislative Decree no. 196 of 30 June 2003.

The User has also the option to lodge a complaint with the supervisory authority of the Member State of the European Union in which he/she resides, habitually works or where the alleged violation has occurred, pursuant to Article 77 of Regulation (EU) 2016/679 (GDPR).

Article 1 – Object of the processing

The HOLDER, as Data Controller of the personal data of the User (hereinafter referred to as the DATA CONTROLLER), pursuant to Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree no. 196 of 30 June 2003, processes the following personal data of the User in the context of the AGREEMENT.

Identification and contact data, provided directly by the User upon registration of the Account and during the use of RELIFEME:

1. first name and last name;
2. electronic mail address (email);
3. access password, stored in encrypted form and not readable by the HOLDER;
4. date of birth;
5. place of birth;
6. nationality;
7. optional second nationality, the provision of which is optional;
8. mother tongue;
9. gender, including the option "not declared";
10. religion, including the option "not declared";
11. further personal data freely provided by the User, such as profile photographs and personal preferences.

Data after the death of the Author provided by the Angels, where the User has activated, by means of a single activation switch, the option for the designated Angels to insert after the death of the Author the following integrative data on the LifeBook:

1. place of death;
2. cause of death;
3. place of preservation of the remains.

USER CONTENT data, provided by the User by means of the upload, publication, sharing or making available of the USER CONTENT on RELIFEME:

1. texts, images, audio, voice notes, video, textual attachments;
2. Posts and Albums;
3. Cover of the LifeBook, with photos and Thoughts;
4. visibility and publication preferences;
5. will after the death of the Author expressed in the LifeBook;
6. any data belonging to the special categories referred to in Article 9 of Regulation (EU) 2016/679 (GDPR), where the User freely decides to insert them in the USER CONTENT;
7. personal data of third parties, registered or not registered on RELIFEME, where the User freely decides to insert them in the USER CONTENT, within the limits provided for in Article 11 and in compliance with the applicable PROVISIONS AND LAWS.

Data of the subjects designated as Friends, Angels and Validators:

1. first name and last name;
2. electronic mail address;
3. role attributed by the User;
4. status of acceptance or refusal of the designation.

Technical and navigation data, automatically collected by the HOLDER through the technologies of RELIFEME:

1. IP address of the device of the User;
2. type of browser and operating system;
3. date and time of access;
4. pages visited on RELIFEME;
5. time of permanence;
6. any technical errors or malfunctioning;
7. technical cookies referred to in Article 2 and following of the COOKIE POLICY.

Multi-Factor Authentication (MFA) data, collected at the time of the registration and of every access:

1. authentication mode chosen by the User (authenticator app or email);
2. one-time OTP codes generated or received, processed exclusively for the technical time necessary for the verification and not retained after the successful authentication;
3. date, time and IP address of the authenticated accesses, for security purposes and prevention of unauthorised accesses.

Data relating to donations, when the User makes free and voluntary donations to the HOLDER through the PayPal platform:

1. amount and date of the donation;
2. minimum identification data of the donor received from PayPal;
3. no data relating to payment methods, credit cards, financial instruments or current accounts of the User are processed in any way.

The HOLDER does not collect or process personal data of minors, except in the exceptional cases provided for by the PROVISIONS AND LAWS and with the appropriate consent of the persons exercising parental responsibility or legal guardianship.

The HOLDER does not collect or process sensitive personal data systematically; such data may be processed only where the User freely decides to insert them in the USER CONTENT, with express consent pursuant to Article 9, paragraph 2, letter a), of Regulation (EU) 2016/679 (GDPR).

Article 2 – Purpose of the processing

The HOLDER processes the personal data of the User for the following purposes:

1. registration and management of the Account of the User, including the processes of authentication, password recovery, modification of data and cancellation of the Account;
2. provision of the services provided for and governed by the AGREEMENT, including the creation and management of the LifeBook, the publication and preservation of the USER CONTENT, the designation of Friends, Angels and Validators, the processes of determination of death of the Author and of publication after the death of the Author;
3. technical, operational and service communications to the User via email, including communications on modifications to the AGREEMENT, on processes of determination of death of the Author, on reports received and on exercise of GDPR rights;
4. security of the platform, prevention of fraud and abuses, protection of the rights of the HOLDER, of the Users and of third parties;
5. fulfilment of legal, fiscal, accounting, documentary and procedural obligations, including the ten-year retention of the data pursuant to Article 2946 of the Italian Civil Code and Article 22 of Italian Presidential Decree no. 600 of 29 September 1973;
6. fulfilment of requests from judicial authorities, police forces or data protection authorities;
7. management of the free and voluntary donations received through the PayPal platform, including the administrative, accounting and tax fulfilments;
8. execution of the automated decision-making process of determination of death of the Author and implementation of the will after the death of the Author expressed in the LifeBook;
9. management of the reports received through the report tool, including reports of unlawful content pursuant to the Digital Services Act;
10. diligent, objective and non-arbitrary examination of the reports received through the report tool, pursuant to Article 16 of Regulation (EU) 2022/2065 (Digital Services Act), which entails the consultation, by the staff of the Data Controller previously authorised, of the USER CONTENT strictly necessary for the examination of the single report, in accordance with the modalities and within the limits provided for in Article 15 of the TERMS;
11. exercise of the rights of the User and of third parties in matters of personal data protection, in compliance with Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree no. 196 of 30 June 2003;
12. direct marketing purposes, exclusively upon express consent of the User, freely revocable at any time.

The HOLDER does not use the personal data of the User for purposes other than those indicated above. In particular:

1. the HOLDER does not assign, sell or rent to third parties the personal data of the User;
2. the HOLDER does not use the personal data of the User for advertising profiling purposes in favour of third parties;
3. the HOLDER does not transfer the personal data of the User to third countries or international organisations, except within the limits provided for in Article 5 of the PRIVACY POLICY and in compliance with Regulation (EU) 2016/679 (GDPR).

The provision of the personal data of the User is optional; however, the failure to provide the data necessary for the registration of the Account and for the provision of the services provided for and governed by the AGREEMENT prevents the access to and use of RELIFEME.

Article 3 – Legal basis of the processing

The HOLDER carries out the processing of the personal data of the User on the basis of the following legal bases, pursuant to Article 6 of Regulation (EU) 2016/679 (GDPR):

1. execution of the contract to which the data subject is party (Article 6, paragraph 1, letter b), GDPR), for the registration and management of the Account, the provision of the services provided for and governed by the AGREEMENT, and the management of the donations;
2. compliance with a legal obligation to which the HOLDER is subject (Article 6, paragraph 1, letter c), GDPR), for the ten-year retention of the data, the fiscal and accounting fulfilments, the fulfilment of requests from competent authorities, and the obligations provided for by the Digital Services Act;
3. explicit consent of the data subject (Article 6, paragraph 1, letter a), GDPR, Article 9, paragraph 2, letter a), GDPR, and Article 22, paragraph 2, letter c), GDPR), for the processing of the data relating to religion and any other data falling within the special categories referred to in Article 9 of the GDPR possibly provided by the User, for the automated decision-making process of determination of death of the Author, and for the purposes of direct marketing;
4. legitimate interest of the HOLDER or of third parties (Article 6, paragraph 1, letter f), GDPR), for the security of the platform, the prevention of fraud, the management of reports of unlawful content, the first contact with third parties not registered on RELIFEME designated by the Author as Friends, Angels or Validators.

Article 4 – Special categories of data (Article 9 GDPR)

The User acknowledges and unconditionally accepts that, in the context of the creation and management of the LifeBook, the User may freely decide to insert in the USER CONTENT data falling within the special categories referred to in Article 9, paragraph 1, of Regulation (EU) 2016/679 (GDPR), namely data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data intended to uniquely identify a natural person, data concerning health or sexual life or sexual orientation of the person.

The User acknowledges and unconditionally accepts that, at the time of the registration of the Account, the provision of the data relating to religion is requested, which constitutes special category of data pursuant to Article 9, paragraph 1, of the GDPR. The provision of such data is optional, since the User may select the option "not declared" upon registration.

Where the User chooses to declare his/her own religion, the processing of such data takes place on the basis of the explicit consent of the User, manifested at the time of the registration by means of an appropriate consent box, pursuant to Article 9, paragraph 2, letter a), of the GDPR.

The processing of such special categories of data takes place exclusively on the basis of the express consent of the User, pursuant to Article 9, paragraph 2, letter a), of Regulation (EU) 2016/679 (GDPR), manifested at the time of the registration of the Account or at the time of the insertion of the relevant USER CONTENT.

The User has the right, at any time, to revoke the consent to the processing of the special categories of data, without prejudice to the lawfulness of the processing based on the consent previously given. The revocation of the consent to the processing of the special categories of data entails the cancellation or anonymisation of the USER CONTENT containing such data, without prejudice to the retention obligations provided for by the PROVISIONS AND LAWS.

Article 5 – International data transfers

The User acknowledges and unconditionally accepts that the HOLDER, as a rule, does not carry out transfers of personal data to third countries outside the European Economic Area (EEA) or to international organisations. Where, for technical reasons, the transfer is unavoidable (for example, use of services of technical suppliers based outside the EEA, such as Cloudflare and PayPal), the HOLDER guarantees that such transfers take place in compliance with Chapter V of Regulation (EU) 2016/679 (GDPR), adopting one or more of the following safeguards:

1. adequacy decision of the European Commission pursuant to Article 45 GDPR, including the Trans-Atlantic Data Privacy Framework (DPF) for transfers to the United States of America;
2. standard contractual clauses approved by the European Commission pursuant to Article 46, paragraph 2, letter c), GDPR (SCC – Standard Contractual Clauses);
3. transfer impact assessment (Transfer Impact Assessment – TIA), conducted pursuant to the Schrems II judgment of the Court of Justice of the European Union and the guidelines of the European Data Protection Board (EDPB);
4. other adequate safeguards provided for by Regulation (EU) 2016/679 (GDPR) or approved by the competent supervisory authority.

Article 6 – Rights relating to the data of deceased Authors

The LifeBook reflects exclusively the will of the deceased Author, as expressed by the User during his/her own life. By registering on RELIFEME and creating the LifeBook, the User expresses in a complete and definitive form his/her own will with regard to the publication, preservation and administration of the USER CONTENT subsequent to his/her own death. Such will constitutes an express declaration of the User for the purposes of Article 2-terdecies, paragraph 2, of Italian Legislative Decree no. 196 of 30 June 2003.

Consequently, the heirs of the deceased Author do not have any autonomous right to modify, contest, remove or obtain the cancellation of the LifeBook or of any part of its content. The exclusive mechanism for reporting content deemed unlawful, defamatory, false, violent or otherwise inappropriate is the dedicated report tool made available to any User of Relifeme, as described in the AGREEMENT, or a written communication to the Data Protection Officer (DPO) at the address [email protected].

The User acknowledges and unconditionally accepts that, where the User has activated the option for the provision after the death of the Author of the integrative data by the Angels referred to in Article 7 of the TERMS, the insertion of such data by the designated Angels subsequent to the determination of death constitutes implementation of the will expressed by the Author while alive, pursuant to Article 2-terdecies, paragraph 2, of Italian Legislative Decree no. 196 of 30 June 2003, and of the general principles of the AGREEMENT.

Article 7 – Data of third parties not registered on RELIFEME

The User acknowledges and unconditionally accepts that, in relation to the use of RELIFEME, the User may provide the DATA CONTROLLER with personal data of third parties not registered on RELIFEME, including, by way of example but not limited to, the email addresses of Friends, Angels and Validators and the data contained in the Posts and Albums dedicated to such third parties. In relation to such data, the DATA CONTROLLER and the User act as joint controllers of the processing pursuant to Article 26 of Regulation (EU) 2016/679 (GDPR), with the following allocation of responsibilities:

1. the User is responsible for the lawfulness of the collection of such data and for their accuracy and truthfulness;
2. the DATA CONTROLLER is responsible for the technical security of the processing, for the management of the notifications sent to such third parties and for the exercise of their rights pursuant to the GDPR. The legal basis of the first contact with the third party not registered on RELIFEME is the legitimate interest of the DATA CONTROLLER in the execution of the service requested by the User (Article 6, paragraph 1, letter f), GDPR). The third party not registered on RELIFEME has the right to refuse the notification (option "I DO NOT PARTICIPATE") and, in such case, his/her data are deleted from the systems of the DATA CONTROLLER without undue delay.

Any person, registered or not on Relifeme, who considers that the USER CONTENT unlawfully concerns him/her, may send a report through the dedicated report tool available on the LifeBook or by means of written communication to the Data Protection Officer (DPO) at the address [email protected]. The reporting channel is the same for all subjects, regardless of being registered or not on RELIFEME, and ensures equal treatment of all requests pursuant to the applicable laws on data protection and digital services.

Article 8 – Automated decision-making (Article 22 GDPR)

The Determination of death system of the Author, described in detail in Article 7 of the TERMS, constitutes an automated decision-making process that produces legal effects on the User or significantly affects the person of the User in a similar way, pursuant to Article 22 of Regulation (EU) 2016/679 (GDPR). Such processing is carried out on the basis of the explicit consent of the User (Article 22, paragraph 2, letter c), GDPR), given separately at the time of the registration on RELIFEME.

The User has the right to obtain human intervention by the DATA CONTROLLER, to express his/her own point of view and to contest the Determination of death system, by contacting the DPO at the email address [email protected]. The optional designation of two Validators of death, as described in Article 7 of the TERMS, also constitutes a form of human supervision of the automated decision-making process pursuant to Article 22, paragraph 3, of the GDPR.

For clarity, the Determination of death system described above is entirely deterministic and is based exclusively on the failure of the User to access RELIFEME through the login procedure, in accordance with the cascade of Non-access periods configured by the User, and on the possible confirmation of the Validators of death. It does not entail the use of any artificial intelligence system, machine learning algorithm or probabilistic inference and, therefore, does not fall within the scope of application of Regulation (EU) 2024/1689 (AI Act).

Article 9 – Data Protection Impact Assessment (Article 35 GDPR)

The DATA CONTROLLER has carried out a Data Protection Impact Assessment (DPIA) pursuant to Article 35 of Regulation (EU) 2016/679 (GDPR), taking into account the nature, scope, context and purposes of the processing carried out on RELIFEME, with particular regard to the Determination of death system of the Author, the processing of special categories of data referred to in Article 9 of the GDPR and the processing of personal data of deceased Authors.

Article 10 – Data retention periods

In compliance with Article 13, paragraph 2, letter a), of Regulation (EU) 2016/679 (GDPR), the DATA CONTROLLER processes and retains the personal data of the User for the periods strictly necessary to achieve the purposes for which the data have been collected, and in any case in compliance with the following criteria:

1. the USER CONTENT of the LifeBook is retained for the duration of the Account of the User and, subsequently to the death of the Author, for the purposes of preservation of the memory of the deceased Author, in coherence with the will expressed by the Author in the LifeBook;
2. the registration data of the User are retained for a period of 10 (ten) years following the cancellation of the Account, in compliance with the ordinary statute of limitations referred to in Article 2946 of the Italian Civil Code and the applicable obligations of retention of accounting and documentary records pursuant to Article 22 of Italian Presidential Decree no. 600 of 29 September 1973;
3. the technical logs, the security data and the Multi-Factor Authentication (MFA) logs are retained for the period strictly necessary to ensure the security of the platform, to prevent unauthorised accesses and to comply with the applicable laws, and in any case for a period not exceeding 12 months from the date of registration of the authentication event;
4. the data relating to donations are retained for the periods required by the applicable fiscal and accounting laws. Upon expiry of the applicable retention period, the personal data are deleted or anonymised in compliance with the criteria of Opinion 5/2014 of the Article 29 Working Party on anonymisation techniques.

Article 11 – Data breach notification

In case of personal data breach, the DATA CONTROLLER notifies the competent supervisory authority (the Italian Data Protection Authority) without undue delay and, where possible, within 72 hours after having become aware of it, in compliance with Article 33 of Regulation (EU) 2016/679 (GDPR). Where the personal data breach is likely to result in a high risk to the rights and freedoms of the User, the DATA CONTROLLER communicates the personal data breach to the User without undue delay, in compliance with Article 34 of the GDPR. The DATA CONTROLLER keeps an internal register of personal data breaches pursuant to Article 33, paragraph 5, of the GDPR.

Article 12 – Your rights

The User has the right, at any time, to contact the DATA CONTROLLER to exercise his/her own rights, more specifically:

1. right of access (Article 15 GDPR): right to obtain information on which data are processed by the DATA CONTROLLER, on the purposes and modalities of the processing, on the recipients to whom the data are communicated, on the retention periods, and to obtain a copy of the data being processed;
2. right to rectification (Article 16 GDPR): right to obtain the rectification of inaccurate or incomplete personal data, also by providing a supplementary statement;
3. right to erasure (Article 17 GDPR), so-called right to be forgotten: right to obtain the erasure of the personal data, where the conditions provided for by the GDPR are met, without prejudice to the retention obligations referred to in Article 10 of the PRIVACY POLICY;
4. right to restriction of processing (Article 18 GDPR): right to obtain the restriction of the processing in the cases provided for by the GDPR, including the contestation of the accuracy of the data, the unlawful processing or the necessity of the data for the exercise of a right in court;
5. right to data portability (Article 20 GDPR): right to receive in a structured, commonly used and machine-readable format the personal data concerning the User and to transmit them to another data controller without hindrance, in the cases provided for by the GDPR;
6. right to object (Article 21 GDPR): right to object, at any time and on grounds relating to the particular situation of the User, to the processing of personal data based on the legitimate interest of the HOLDER or of third parties, as well as right to object in any case to the processing of personal data for direct marketing purposes;
7. right not to be subject to automated decision-making (Article 22 GDPR): right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on the User or significantly affects the person of the User, without prejudice to the cases provided for by the GDPR;
8. right to revoke consent (Article 7, paragraph 3, GDPR): right to revoke at any time the consent given to the processing of personal data, without prejudice to the lawfulness of the processing based on the consent previously given.

The User has also the right to:

1. lodge a complaint with the competent supervisory authority (in Italy, the Italian Data Protection Authority), pursuant to Article 77 of Regulation (EU) 2016/679 (GDPR), in case he/she considers that the processing of his/her own personal data takes place in violation of the GDPR;
2. lodge an effective judicial remedy against a legally binding decision of the supervisory authority concerning the User (Article 78 GDPR);
3. lodge an effective judicial remedy against the DATA CONTROLLER or the data processor (Article 79 GDPR);
4. obtain compensation for any damages suffered as a result of breach of the GDPR (Article 82 GDPR).

The User may exercise his/her own rights by communication to the Data Protection Officer (DPO) of the HOLDER at the address [email protected], or by communication to the HOLDER at the addresses indicated in Article 1 of the TERMS.

The DATA CONTROLLER responds to the requests of the User within one month of the receipt of the request. Such period may be extended by two months, where necessary, taking into account the complexity and the number of the requests. The DATA CONTROLLER informs the User of such extension and of the reasons for the delay within one month of the receipt of the request.

The DATA CONTROLLER may request the User further information necessary to confirm the identity of the User, in particular in case of requests deemed manifestly unfounded or excessive, or of requests received from subjects other than the holder of the Account.

The DATA CONTROLLER provides the User, free of charge, with the information and communications referred to in Articles 15 to 22 and Article 34 of the GDPR; only in case of manifestly unfounded or excessive requests, in particular due to their repetitive character, the DATA CONTROLLER may charge a reasonable fee or refuse to comply with the request, within the limits provided for by the GDPR.

The User has the right, at any time, to obtain confirmation as to whether or not personal data concerning him/her are being processed and, in such case, to obtain access to such data and to the following information:

1. the purposes of the processing;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the data have been or will be communicated;
4. the retention period of the personal data or the criteria used to determine such period;
5. the existence of the right to request the rectification or erasure of the data or the restriction of the processing or to object to their processing;
6. the right to lodge a complaint with a supervisory authority;
7. the origin of the data, where they were not collected from the User;
8. the existence of an automated decision-making process, including profiling, and meaningful information on the logic used, the importance and the envisaged consequences of such processing for the User.

The User has the right to receive a copy of the personal data being processed, without prejudice to the protection of the rights and freedoms of others.

Article 13 – Processing methods

The DATA CONTROLLER carries out the processing of the personal data of the User with computer and possibly paper means, adopting adequate technical and organisational measures to ensure the confidentiality, integrity, availability and resilience of the processing systems and services, in compliance with Article 32 of Regulation (EU) 2016/679 (GDPR).

The DATA CONTROLLER adopts, in particular, the following technical and organisational measures:

1. encryption of data in transit and of sensitive data at rest;
2. cryptography of the access passwords of the Users with non-reversible hash algorithms;
3. Multi-Factor Authentication (MFA) mandatory for all Users at the time of the registration and of every subsequent access, in accordance with what is provided for in Article 7 of the TERMS, as well as for the administrative accesses of the personnel of the HOLDER;
4. segmentation and isolation of networks;
5. periodic backups and restoration tests;
6. access controls based on the principle of least privilege;
7. training of the personnel in matters of data protection and cybersecurity;
8. periodic audits on the systems and procedures of processing;
9. automatic technical optimisation of the USER CONTENT for the purposes of proper web use, as described in Article 11, without alteration of the original expressive content and in compliance with the will of the Author.

The DATA CONTROLLER makes use, for the provision of the services of RELIFEME, of external technical suppliers, appointed as data processors pursuant to Article 28 of the GDPR, including, by way of example but not limited to:

1. Cloudflare Inc. for network, security, CDN and protection from cyber attack services;
2. PayPal Holdings, Inc. for free and voluntary donation payment services;
3. further suppliers of hosting, email, analytics and development tool services, suitably bound by deeds of appointment as data processors.

The DATA CONTROLLER guarantees that all the appointed data processors offer sufficient guarantees to put in place adequate technical and organisational measures so that the processing meets the requirements of the GDPR and ensures the protection of the rights of the User.

The DATA CONTROLLER undertakes not to transfer personal data of the User outside the European Economic Area (EEA), except within the limits provided for in Article 5 of the PRIVACY POLICY and in compliance with Chapter V of Regulation (EU) 2016/679 (GDPR).

Article 14 – Changes to the Privacy Policy

The DATA CONTROLLER reserves the right to make modifications to the present Privacy Policy, for technical, organisational, regulatory or operational reasons.

The modifications to the Privacy Policy are communicated to the User:

1. by means of communication via email to the address provided by the User upon registration;
2. by means of publication of the updated version of the Privacy Policy on the website www.relifeme.com;
3. by means of display of an appropriate notice on the interface of RELIFEME accessible to the User after login.

In case of substantial modifications to the Privacy Policy, the DATA CONTROLLER informs the User with reasonable advance notice and, where necessary, requests the User the renewal of the consent to the processing.

The User has the option, at any time, not to accept the modifications to the Privacy Policy and to proceed to the cancellation of his/her own Account, without prejudice to the data retention obligations referred to in Article 10 of the PRIVACY POLICY and in the PROVISIONS AND LAWS.

The present Privacy Policy is in force from the date indicated in Article 1 of the TERMS and replaces any previous version.

The present Privacy Policy is freely consultable by the User at the address www.relifeme.com at any time.

Article 1 – What are cookies

Cookies are small text files that are stored on the device of the User (computer, tablet, smartphone) at the time of access to a website or web application. Cookies allow the website or web application to recognise the device of the User, to store preferences and to improve the navigation experience.

Cookies may be classified into different categories, depending on their purpose, duration and origin:

1. technical cookies: necessary for the proper functioning of the website or web application and for the provision of the services requested by the User. They do not require the consent of the User pursuant to Article 122 of Italian Legislative Decree no. 196 of 30 June 2003;
2. profiling cookies: aimed at creating profiles of the User and at sending advertising messages in line with the preferences manifested by the User. They require the express consent of the User;
3. analytical cookies: used to collect statistical information on the use of the website or web application. They may be assimilated to technical cookies if used in aggregate and anonymous form;
4. first-party cookies: installed directly by the operator of the website or web application visited;
5. third-party cookies: installed by subjects other than the operator of the website or web application visited;
6. session cookies: automatically deleted upon closing the browser;
7. persistent cookies: retained on the device of the User for a determined period of time.

The discipline of cookies is contained in Article 122 of Italian Legislative Decree no. 196 of 30 June 2003 (Privacy Code), in the Guidelines of the Italian Data Protection Authority of 10 June 2021, as well as in the rules of Regulation (EU) 2016/679 (GDPR) applicable to the processing of personal data possibly collected through cookies.

Article 2 – How the HOLDER uses the cookies

The HOLDER uses exclusively technical cookies, necessary for the proper functioning of RELIFEME and for the provision of the services requested by the User.

The HOLDER does not use profiling cookies, advertising cookies, behavioural tracking cookies, or cookies aimed at collecting information on the preferences of the User for marketing purposes.

In particular, the HOLDER uses the following technical cookies:

1. technical session cookies for the management of the navigation session of the User (PHPSESSID session identifier);
2. technical security cookies for the protection from CSRF (Cross-Site Request Forgery) attacks, such as the XSRF-TOKEN token;
3. Cloudflare technical cookies (__cf_bm, cf_clearance) for the protection from malicious bots, DDoS attacks and to ensure the availability and security of the platform.

The technical cookies used by the HOLDER are necessary to:

1. allow the authentication of the User and the proper navigation on the platform;
2. temporarily store the language and visualisation preferences;
3. protect the platform from cyber attacks and ensure the security of the data of the User;
4. ensure the availability and continuity of the services of RELIFEME.

The HOLDER does not use cookies to collect personally identifiable information of the User, beyond those strictly necessary for the technical functioning of the platform and the security of navigation.

The technical cookies used by the HOLDER are not shared with third parties for marketing or profiling purposes.

Due to the exclusively technical nature of the cookies used, the prior consent of the User is not required pursuant to Article 122 of Italian Legislative Decree no. 196 of 30 June 2003, as clarified by the Guidelines of the Italian Data Protection Authority of 10 June 2021.

The User has, however, the option to disable the technical cookies by means of the settings of his/her own browser, with the warning that the disabling of the technical cookies may compromise the proper functioning of RELIFEME and the availability of the services.

The User may also manage his/her own preferences on technical cookies by means of the appropriate features of RELIFEME, where present, accessible from the User menu after login.

The HOLDER provides the User, in the context of the present Cookie Policy, with clear, complete and updated information on the technical cookies used, on their purpose, on their duration and on the subjects who install them.

The present Cookie Policy is drawn up in compliance with Article 122 of Italian Legislative Decree no. 196 of 30 June 2003, with the Guidelines of the Italian Data Protection Authority of 10 June 2021, as well as with Regulation (EU) 2016/679 (GDPR) where applicable.

Article 3 – Analytical table of cookies

The HOLDER provides, below, the analytical table of the technical cookies used on RELIFEME, with the indication of the name, the type, the purpose, the duration and the subject who installs them.

The HOLDER reserves the right to update the analytical table of cookies in case of technical or organisational modifications, and to update accordingly the present Cookie Policy.

All the cookies listed above are classified as technical cookies for security and session management purposes, and do not require the consent of the User, being necessary for the provision of the service explicitly requested by the User, pursuant to Article 122 of Italian Legislative Decree no. 196 of 30 June 2003.

Upon first access to RELIFEME, the User is shown a cookie information notice that reports the following text: "This website uses solely and exclusively Technical Cookies, necessary to ensure all the security requirements. By continuing the navigation, the use of the Cookies is accepted." Due to the exclusively technical nature of the cookies used, as resulting from the analytical table reported above, no prior consent is required pursuant to Article 122 of Italian Legislative Decree no. 196 of 30 June 2003 and to the Guidelines of the Italian Data Protection Authority on the use of cookies of 10 June 2021. The cookie information notice is provided for information purposes only.

Article 4 – Access to third-party cookies

RELIFEME allows access to websites or web applications of third parties, outside the services provided for and governed by the AGREEMENT, and the HOLDER disclaims all liability towards the User or any of his/her successors, beneficiaries or assignees, and the User acknowledges and assumes all responsibility for the presence and modalities of use of third-party cookies of websites or web applications of third parties, outside the services provided for and governed by the AGREEMENT.

With reference to the technical cookies of technical third parties used on RELIFEME, the User may consult the relevant information notices:

1. Cloudflare Inc. (network, security and CDN service): cookie information notice available on the Cloudflare website at the following link https://developers.cloudflare.com/fundamentals/reference/policies-compliances/cloudflare-cookies/;
2. PayPal Holdings, Inc. (donation payment service): cookie information notice available on the PayPal website, accessible from the donation process. It is recalled that the HOLDER does not intervene in the donation process managed by PayPal, and that the PayPal cookies are installed exclusively during the donation session, outside the perimeter of RELIFEME.

With regard to the cookies of websites or web applications of non-technical third parties (for example: social networks, video services, maps, advertising), the User is invited to consult the privacy and cookie information notices of the respective operators.

The User acknowledges and unconditionally accepts that the access to websites or web applications of third parties takes place under the exclusive responsibility of the User, who is required to evaluate in advance the respective privacy and cookie information notices.

The HOLDER may, by way of example but not limited to, allow access to:

1. social platforms (Facebook, X, Instagram, YouTube, LinkedIn, Qzone, WhatsApp, WeChat), for the sole purposes of access to the institutional profiles of the association on such platforms;
2. PayPal platform, for the purposes of free and voluntary donations;
3. Cloudflare services, as technical supplier of the HOLDER.

The HOLDER is not liable for the cookies installed by the aforementioned websites or web applications of third parties during the navigation of the User outside RELIFEME.

Article 5 – How to manage cookies in the browsers

The User has the option to manage the technical cookies directly through the settings of his/her own browser. Below are indicated the official assistance pages of the main browsers for the management of cookies:

1. Google Chrome: click;
2. Mozilla Firefox: click;
3. Apple Safari: click;
4. Microsoft Edge: click;
5. Opera: click;
6. Brave: click;
7. Samsung Internet: click.

For browsers not included in the preceding list, the User is invited to consult the official documentation of his/her own browser.

The User acknowledges and unconditionally accepts that the disabling of the technical cookies, although technically possible, may compromise the proper functioning of RELIFEME and the availability of the services. The HOLDER recommends, therefore, to keep enabled the technical cookies for an optimal navigation experience.

Article 6 – Changes to the Cookie Policy

The HOLDER reserves the right to make modifications to the present Cookie Policy, for technical, organisational, regulatory or operational reasons.

The modifications to the Cookie Policy are communicated to the User in accordance with the modalities provided for the modifications to the Privacy Policy referred to in Article 14 of the PRIVACY POLICY.

The present Cookie Policy is in force from the date indicated in Article 1 of the TERMS and replaces any previous version.

The present Cookie Policy is freely consultable by the User at the address www.relifeme.com at any time.

The present Cookie Policy is essential and integral part of the AGREEMENT and integrates all the rules, provisions, conditions, regulations, rights and obligations relating to the User.