General Conditions and Privacy Policy

Terms and Conditions of Zakeke

Last revision: 14.05.2024

Users who utilise the services offered by Zakeke declare that they know and accept these general terms and conditions of sale, together with the Data Protection Agreement which forms an integral part of these Terms.

Owner of Zakeke and of the related Services

FUTURENEXT SRL 

Via Michele Bisceglia n. 20 – 71121 Foggia – FG – Italy

VAT: IT04075360711

Companies’ Registry and Economic and Administrative Index (REA) No: FG – 298019

Fully paid share capital: € 412.456,98

E-mail address of Owner: [email protected]

Information on Zakeke

Zakeke is a software developed and created for the web interactive product design owned and made available by Futurenext S.r.l., a company operating in the computer industry.
The holding company owner of the software, hereafter referred to as “the Company” intends to hand over its use, for remuneration, to third parties in “software as a service” (SaaS) mode through APIs and plug-ins for all major e-commerce platforms.
The customer is a merchant who wish to implement Zakeke with his website to offer his customers live product personalization.

1. Introduction

1.1 Status of this document

This document constitutes a legal agreement between you, as a User, and the Zakeke Owner, and it regulates your use of the website and also the use of the services provided.

1.2 Definitions

“Terms and Conditions (or Terms, or Contract)” refers to these general terms and conditions of service, which constitute a legally binding agreement between the User and Futurenext.

“User”, “you”, “your” and similar terms, used in the singular or plural, refer to you, the User, as a natural or as a legal person.

“Consumer”: any natural person who acts for purposes that fall outside his/her commercial, industrial, artisan or professional activity;

“We”, “our” and similar terms refer to the company that owns and manages Zakeke.

“Order Confirmation”: means the e-mail that Zakeke transmits simultaneously with the purchase of the service.

“Order Processing Receipt” refers to the email sent by Zakeke when the order is received.

“Service/s” means the service/s offered by Zakeke as described by these Terms and Conditions.

“Withdrawal Form”: is the form to be filled out and sent to Futurenext in the event of withdrawal from the purchase.

“Digital content”: data produced and supplied in digital format;

1.3 Regulatory provisions applicable to the drafting of these Terms

The sale and purchase of services offered on Zakeke constitute a direct distance contract of sale governed by various regulatory provisions, including:

  • European Directive 2000/31/EC (Electronic Commerce) for Users resident in the European Union;
  • European Directive 2011/83/EU (Consumer Rights), for Consumers resident in the European Union;
  • European Regulation 302/2018 EU (Geoblocking);
  • The provisions of the Italian Civil Code and of all laws in force in the field; Legislative Decree 206/2005 (Consumer Code).

1.4 Changes to the present Terms

Futurenext reserves the right to make changes to these terms and conditions of sale at any time, duly notifying the User of such changes by email transmitted from within the website.

Users are, for this reason, invited to consult the most recently updated version of the Terms and Conditions before making any purchase.

The applicable Terms and Conditions are those in force at the date when the purchase order is transmitted.

A User who continues to use Zakeke after the changes are published shall be deemed to accept the new Terms without reservation.

1.5 Acceptance of the Contract

In order to avail of Zakeke, you should carefully read and accept these Terms as well as the Data Protection Agreement which is an integral part of this Agreement.

If you do not accept the Terms you will not be able to avail of the services.

2. Account registration and cancellation, minimum system requirements

2.1 Registration

Users should register by filling out all required data in the relevant registration form, accurately and in full, and also accept the Data Protection Agreement together with these Terms.

The User is obliged to keep his/her access credentials confidential.

Only the User may use the registration credentials, which cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no one has access to them, and to promptly inform Zakeke if they may have been inappropriately used and/or disclosed.

The Parties agree that Zakeke cannot in any circumstances be held liable in the event of the loss, disclosure, dissemination, theft or unauthorised use by third parties, on any basis, of Users’ access credentials.

2.2 Cancellation and closure of User accounts

Registered Users may deactivate their accounts, request account closure or stop using the Service at any time, through their own Restricted Area inside the Zakeke website.

If these Terms and Conditions are infringed, Zakeke reserves the right to suspend or terminate the User’s account at any time and without advance notice.

Zakeke reserves the right to suspend or close the User’s account at any time and without advance notice, if it considers that:

  • the User has infringed the Contract; and/or
  • access or use of the service could cause detriment to Zakeke, to other Users or to third parties; and/or
  • the User’s use of Zakeke could result in an infringement of applicable legislative and/or regulatory provisions; and/or
  • it is appropriate to do so, where investigations are conducted following legal proceedings or where the public authorities become involved; and/or
  • if Zakeke considers, at its absolute discretion and for any reason whatsoever, that the account or the use thereof is inappropriate or offensive or infringes the Contract, or is not in keeping with Zakeke’s standards.

2.3 System requirements

In order to be able to use the “Product Customiser” and “3D configurator” services, the User should be familiar with the minimum Hardware and Software requirements for the proper functioning of the solutions.

Zakeke does not provide the hardware or software that supports the solutions chosen.

The User must know about the minimum requirements before activating one of the platform services available.

2.4 Service Level Agreement (SLA)

The services offered by Zakeke are hosted on third-party infrastructures and utilise software portions that Futurenext does not own, therefore the following links may be accessed to find out more about the service levels offered:

Azure: https://azure.microsoft.com/en-us/support/legal/sla/cloud-services/v1_0/

Amazon: https://aws.amazon.com/compute/sla/

2.5 Communications with the Customer 

From time to time, Zakeke will send communications with informative and commercial content to its business customers, to promote new products and to help customers use the products they have purchased. Zakeke performs this activity in full compliance with privacy regulations and in particular will not send communications with content or information different from the type of service or product purchased by the customer. The customer has always the right to oppose the sending of such communications, being able to cancel his registration through the “Unsubscribe” button in the emails or by contacting the Data Controller at the addresses in these Terms. 

3. Solutions, content available on Zakeke and methods of use

3.1 Zakeke Product Customizer

The Product Customizer enables end customers to customise – with text and images – the surface of a product made available on the e-commerce platform owned by the User. The end customer can use text, upload images or select from a gallery made available by the User.

3.2 Zakeke 3D Configurator

The 3D Configurator permits end customers to compose a completely customisable product, selecting parts, materials, colours and adding texts and images. The 3D Configurator works in real-time 3D, enabling the end customer to analyse the entire product creation process.

3.3 Zakeke 3D/AR Viewer

The 3D/AR Viewer allows end users to visualize a product in 3D and Augmented Reality. The 3D/AR Viewer can be integrated on any content via an HTML code or a link.

3.4 Zakeke Virtual Try-On

The Virtual Try-On allows end users to visualize and try-on a product with WebAR on their face or body.

3.5 Integration on E-commerce Platforms

The services on Zakeke offer full integration with the major e-commerce platforms. Consult the page: https://zakeke.zendesk.com/hc/en-us/articles/360026666973-Installing-Zakeke

If the User uses an e-commerce platform that is not on the list or specially created for said User (proprietary solution), the integration occurs by API, as reported at Point 3.5.

Zakeke guarantees a high and certified level of security of integration with the User’s e-commerce platform, whether the integration occurs by Plug-in or by API.

The solutions offered by Zakeke form part of the purchasing process of the User’s e-commerce platform, and they exclusively manage the product customisation part. The purchasing process on the User’s platform remains regulated by conditions determined by the vendor/user.

In no case may Futurenext be held liable for errors or malfunctions in the sales process of the User’s e-commerce platform.

However, Zakeke may not in any circumstances be held liable for any malfunctions of the User’s platform based on the activities of third party suppliers of the User’s e-commerce service.

3.6 Plug-In installation

Zakeke solutions can be used on the major e-commerce platforms that offer Plug-in integration – i.e. in most cases.

Integration is simple and safe, by following the technical information consult the page: https://zakeke.zendesk.com/hc/en-us/articles/360026666973-Installing-Zakeke

If the Plug-in is used, its activation will enable access to a trial period (trial). The duration of the trial period will be indicated when the license is activated.

3.7 Integration by API

The User may choose implementation by API if he/she uses an e-commerce platform not listed in the integrations, or when the level of customisation of the User’s platform does not permit integration using Plug-ins.

Technical information on API implementation is provided at the following links: “https://zakeke.zendesk.com/hc/en-us/sections/360003697419-Zakeke-API

If the API is used, its activation will enable access to a trial period (trial). The duration of the trial period will be indicated when the license is activated.

3.8 Premium Photos

Premium Photos is a tool that allows the end-user to access over 140 million high-quality images and artworks made available by talented professionals from all over the world and use them to personalize the products before buying.

The End User is able to access Premium Photos in addition to the already existing customization tools, thus being able to choose premium images from a professional image database. The service is activated by default for all Zakeke Users (it is not available during the free trial and may not be available on all the Zakeke plans). The Zakeke User can deactivate the Service from his Zakeke back-office (Zakeke back-office > Customizable Products > Printing Method and Settings > Settings > Premium Photos).

All images from Premium Photos are priced 0,99 USD for the End User. When he/she adds to cart a design that includes an image from Premium Photos, its price is added to the selling price of the product in the cart. When the Zakeke User receives payment for the order, he/she temporarily collects the price of the photos purchased by the End User; the same amount will be charged in the next Zakeke’s monthly invoice.

If the End User chooses a single image for several products, the cost of a single photo will be charged; this is applied to all categories of products but Canvas. In case of purchasing more than one Canvas product, the End User who has chosen the image to be replicated on each individual product will be charged the cost for each customized product.

For further details on the service, please refer to the Premium Photos section in the Zakeke knowledge base.

4. Software license, available content

4.1 Content available on Zakeke and License granted

The content available on Zakeke is protected by copyright law and other international laws and treaties safeguarding intellectual property rights and, unless otherwise specified, Users are authorised to use such content exclusively within the limits of this clause.

Zakeke grants the User a personal license for the entire duration of the Contract; this personal license is non-transferable and non-exclusive, it is for personal purposes only, for use internally and in conformity with use of the solutions as described and represented in these Terms.

Therefore, the User is specifically forbidden from copying and/or downloading and/or sharing (save within the limits indicated below), altering, publishing, transmitting, selling, sub-licensing, processing, transferring/granting to third parties or creating works that derive in any way from the content (also of third parties) available on Zakeke, or from permitting third parties to do the same through the User or the User’s device, also with or without his/her knowledge.

Only where Zakeke specifically so permits, the User may – for personal use only – be authorised to download and/or copy and/or share certain content made available on Zakeke, provided that the User accurately cites all copyright information and other information provided by Zakeke.

4.2 Content provided by third parties

Zakeke solutions may contain content provided by third parties.

Zakeke does not moderate in advance any third party content or links appearing on Zakeke.

Zakeke is not responsible for such content and its accessibility.

4.3 Content provided by the User

Users are responsible for their own and for third-party content that they share on Zakeke by uploading such content, by inserting content or using any other means.

Users indemnify Zakeke against any liability associated with unlawful dissemination of third-party content or with the unlawful use of Zakeke.

Zakeke is not involved in any way in moderating content published by the User or by third parties, but it undertakes to intervene in cases where content is deemed offensive or illegal following notification from Users or the orders of public authorities.

More specifically, Zakeke may suspend or halt the display of content if:

  • complaints are received from other Users;
  • a report of infringement of intellectual property rights is received;
  • it considers it is constrained to do this in view of legal proceedings, or following the outcome of legal proceedings;
  • such action is requested by public authorities; or
  • it considers that Users, third parties or Zakeke itself could be harmed, or the availability of the Service itself could be compromised if the content were to remain accessible through Zakeke.

 

4.4 Rights to content provided by Users

The only rights granted to Futurenext in relation to content provided by Users are those required for the operation and maintenance of Zakeke.

4.5 Services provided by third parties

Users may use third-party services or content included in Zakeke, subject to first reading and accepting the terms and conditions imposed by said third parties.

Futurenext cannot accept responsibility in any circumstances in relation to the proper functioning or availability (or both) of services which are provided by third parties.

4.6 Unauthorised use

The Service shall be utilised in accordance with the provisions of the Terms.

Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Zakeke or on any part thereof;
  • circumvent the IT systems used by Zakeke or by its licensees to protect the content that is accessible through it;
  • copy, store, alter, change, prepare derivative works, or alter in any manner any of the content provided by Zakeke;
  • use any robot, spider, search and/or site finder application, or any other device, process or automated procedure to access, retrieve, scrape or index any portion of Zakeke or its content;
  • lease, licence or sublicense Zakeke;
  • defame, offend, harass, engage in threatening conduct, threaten or otherwise violate the rights of others;
  • disseminate or publish illegal, obscene, illicit, defamatory or inappropriate content;
  • misappropriate an account used by another User;
  • register or use the Service with a view to approaching Users to promote or sell or advertise, in any way, products or services of any kind through Zakeke;
  • inappropriately use Zakeke in any other manner in breach of the Terms.

5. Terms and Conditions of Sale

5.1 Subscription and Cancellation policy

The Service includes recurring automated payments for periodic charges (“Subscription Service”). By activating a subscription service, Zakeke and its Owner are authorised to periodically charge – into the future and until the recurring subscription (or one’s own account) is cancelled – all the amounts that have accrued at the payment due date, or prior to the due date for amounts that have accrued. For information on subscription costs, use the link Pricing Plan. All fees for the following subscription period will be automatically debited on the subscription invoicing date. The subscription invoicing date references the date when you first purchased the subscription. The subscription will remain active until it is cancelled. The subscription should be cancelled prior to renewal, otherwise the next periodic subscription fee will be invoiced to your account.

We will invoice the periodic subscription fee using the payment method you provided during registration (or using a different payment method if your payment information has changed).

“Given the professional nature of the parties, the provisions of Legislative Decree no. 231/2002 on combating late payments in commercial transactions will apply to this collaboration.

The failure of payment or delay in payment of the fees agreed in this contract for the provision of the service will give Futurenext S.r.l. the right, pursuant to Article 1456 of the Italian Civil Code, to terminate the collaboration unless it obtains compensation for any loss caused.” 

5.2 Payment procedures

Zakeke uses third-party payment processing tools and does not handle or process, in any manner, payment data provided by the User such as credit card data.

The following are the payment methods available on the platform:

  • Credit card
  • PayPal
  • SEPA (for users making purchases within the European Union)

For maximum security of payment methods, Zakeke uses secure payment gateways:

  • Stripe for Credit Card
  • Braintree for PayPal
  • GoCardless for SEPA

Any handling costs for rejected User payments will be charged to the User.

All prices are exclusive of VAT, if applicable.

If PayPal is used, please consult the conditions of use at the following link.

To familiarise yourself with the conditions of use of Stripe, please consult the following link.

5.3 Purchasing on Shopify

Zakeke solutions can also be purchased on Shopify. The User should refer to the Shopify Conditions for information on shopping procedures.

5.4 Purchasing on Microsoft Azure Marketplace

Zakeke solutions can also be purchased through the Microsoft Azure Marketplace. Users accessing Zakeke via this platform are required to adhere to Microsoft’s Terms and Conditions regarding payments, payment methods, invoices, and refunds. Payments for Zakeke services will be processed directly through Microsoft, and not directly through Zakeke.
 

5.5 Customer Support Service

The Customer Support Service can be accessed using the contact form on the Zakeke website.

The Service will be available at https://www.zakeke.com/contact/ and will reply to customer enquiries using the email address  [email protected].

The customer support service will use a ticketing system to properly manage queries submitted.

The customer support service will reply to customer requests within at most 5 business days, so that they can be properly processed and managed. However, the response time may be longer, depending on the complexity of the User’s request and the volume of enquiries received.

Any requests received during public holidays will be processed on the next business day.

5.6 Fair Use

Fair Use Principle: We promote fair usage of our services and expect users to adhere to reasonable traffic and storage usage. We reserve the right to monitor traffic and storage usage to ensure fair usage and optimal service for all users. 

While specific view and storage limits are no longer enforced, if your total traffic exceeds 10,000 monthly views or your storage usage exceeds 50 GB on your account, upgrading your plan may be necessary. 

Users subscribed to legacy/custom plans with view or storage limits are exempt from these provisions, and their plan-specific limits, as defined in their respective pricing plans, shall apply and remain valid.

5.7 Add-on Features

Certain features and functionalities may be available as add-ons or extra-plan options to enhance your experience. These add-on features may require an additional payment beyond the base plan price.

By opting for these add-ons, you acknowledge and agree to the extra charges associated with their activation and usage. It is your responsibility to review and understand the details of each add-on feature before making a purchase.

Once activated, the charges for these add-ons will be reflected in your billing statements.

5.8 Changes to the Price and Subscription Plans

We may change our subscription plans and the price of our service from time to time. Examples of costs elements that affect the price of our service include, but are not limited to, cloud infrastructure and hosting costs, costs for the software development and maintenance, distribution channels, customer service and other costs of sales, general administration and other overhead costs as well as state-imposed fees, taxes and duties.

6. Right of withdrawal

6.1 Right of withdrawal from the contract

This section explains your right of withdrawal as a Consumer and the implications of withdrawal when your purchase involves digital content (e.g. Software / app).
You are entitled to withdraw from the contract within fourteen (14) days, without providing reasons.
The withdrawal period is fourteen (14) days from the signing date of the contract.
You can send your withdrawal request using our online contact form.
Alternatively, you can withdraw from the contract by declaring your intention to withdraw (e.g. in a communication sent by post, fax, telephone call or e-mail).
In order to ensure compliance with the withdrawal deadline, it is sufficient if the communication of exercise of the withdrawal right is received before the formal withdrawal period has expired.

6.2 Effects of contract withdrawal

If the User withdraws from this contract, he/she will be refunded any payments made to Zakeke, without undue delay and, in any case, no later than 14 days from the day on which Zakeke is notified about the User’s contract withdrawal decision.

These refunds will be made using the same payment method that the User utilised for the initial transaction, unless the User has specifically agreed otherwise.

6.3 Limitations on the contract withdrawal right

The right to withdraw from a contract:

  • involving the delivery of digital content other than on a physical data medium; or
  • for which the consumer has received the activation code by email from Zakeke

shall not be available if:

  • Zakeke has begun implementing the contract or
  • the consumer specifically agreed that Zakeke could start implementing the contract before the expiry of the formal withdrawal period and
  • the consumer acknowledges and understands that he/she will lose the right of withdrawal if he/she accepts the commencement of the contract implementation.

6.4 Applicability of the withdrawal clauses

The clauses providing for the exercise of the right of withdrawal, and the associated consequences and exceptions, apply to a User who has the status of a consumer i.e. to a User who acts for purposes unrelated to his/her business and professional activity.

7. Legal warranty of conformity

A User who makes a purchase as a Consumer is entitled to a legal warranty of conformity of the products and services purchased, for up to 24 (twenty-four) months from the purchase.

To exercise the warranty right, the User must contact Futurenext using the contact details contained in this document, within 2 months of the discovery of the non-conformity.

8. Compensation and limitation of liability

8.1 Indemnity

The User undertakes to indemnify Zakeke and its Owner (and any subsidiaries or affiliates thereof, its representatives, directors, agents, licensees, partners and employees) against any obligation or liability, including any legal expenses incurred for purposes of defence in legal proceedings, which may arise based on loss caused to other Users or to third parties, associated with content uploaded online or with infringement of the law or of the provisions of these Terms and Conditions of service.

8.2 Disclaimer

Zakeke and all of the functionality accessible through Zakeke are made available to Users “as is” and “as available”, as described in these Terms (as amended from time to time), without any express or implied warranty not required by law.

In particular, no guarantee is provided that the services offered are suitable for the User’s individual purposes.

Users use Zakeke and the functionality accessible through Zakeke at their own risk and responsibility.

More specifically, Futurenext, subject to the limits of the applicable law, is liable for contractual and non-contractual loss to Users and third parties which is attributable exclusively to fraudulent intent or gross negligence, if such loss is an immediate and direct consequence of Zakeke’s activity. For purposes of illustration, therefore, Futurenext will not be responsible for:

  • any loss that is not a direct consequence of a breach of the Contract by Zakeke;
  • any loss of business opportunity and any other loss, direct or otherwise, incurred by the User (such as, without limitation, commercial losses, loss of earnings, revenue, profits or anticipated savings, loss of contracts or commercial relationships, loss of reputation or goodwill value etc.);
  • loss or losses deriving from interruptions or malfunctions of Zakeke attributable to events of force majeure or to events that are unforeseen and unforeseeable and occur independently and outside the control of Zakeke such as, for purposes of illustration only, faults or interruptions to telephone or electrical lines, to the internet and/or to other transmission networks or means, unavailability of websites, strikes, natural events, viruses, source code bugs and computer attacks, interruptions in the provision of third-party products, services or applications; and
  • incorrect or inappropriate use of Zakeke by Users or third parties.

9. Common provisions

9.1 Maintenance of the Service

In order to guarantee Users the optimal use and enjoyment of the Service, Zakeke reserves the right to suspend the Service if necessitated by reference to maintenance or system updates, informing Users of this by means of continuous updates.

9.2 Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any part of Zakeke and of its Services without prior written approval from Futurenext, guaranteed directly or through a specific resale program.

9.3 Privacy 

(a) As part of our Services, we may collect data from our User’s clients to deliver specific features to end-users. This may include personal data such as names, email addresses, phone numbers, and shipping addresses. We may collect this data directly from our Users’ clients or via the connector You install to connect Zakeke with your store. We process this data only for the purpose to deliver specific features, such as connection with integrated PODs or functionalities where the personal data is needed to deliver the service.

(b) As the processor of personal data controlled by User, Futurenext shall comply with all applicable data protection laws and regulations that apply to its provision of Services, including, where applicable, the General Data Protection Regulation (“GDPR”).

(c) Parties agree on the Data Processing Agreement attached to the present Contract (Annex I).

(d) If you are a client of one of our Users, please refer to their privacy policy for information on how they collect and process your personal data when using our Services.

9.4 Intellectual Property Rights

All trademarks, whether figurative marks or word marks, and any other signs, commercial names, service marks, appellation marks, trade names, illustrations, images, videos, logos which appear in relation to Zakeke are and remain the exclusive property of Zakeke or of its licensees, and are protected by applicable trademark laws and associated international treaties.

All trademarks and any other signs, commercial names, service marks, appellation marks, trade names, illustrations, images, videos, logos pertaining to third parties, and the content published by those third parties on Zakeke, are and remain the exclusive property of or available to said third parties or their licensees, and are protected by applicable trademark laws and associated international treaties. Zakeke does not own these intellectual property rights and it is entitled to use them subject to the limits and in conformity with contracts entered into with those third parties, and for the purposes indicated therein.

9.5 Age requirements

The Users declare that they are no longer minors, in accordance with laws applicable to them.

In no circumstances may persons under 13 years of age use Zakeke.

9.6 Assignment of the contract

Futurenext reserves the right to transfer, assign, dispose of as a novation transaction, or subcontract all or some of the rights or obligations under the Terms, provided that the User’s rights provided for herein are not prejudiced, and subject to the User’s right to freely withdraw from the Contract. The User will be promptly notified of any assignment of the contract.

The User may not assign or transfer in any way his/her rights or obligations pursuant to the Terms without written authorisation from Zakeke.

9.7 Communications

All communications relating to Zakeke shall be transmitted using the contact details indicated in these Terms.

9.8 Invalidity and partial nullity

If an individual provision or various provisions of these Terms are or become invalid or inapplicable, this shall not compromise the validity and applicability of the other provisions. In this case, the Parties shall replace the provision that is invalid, null and void or inapplicable with an alternative provision that is valid and applicable. The same applies, by way of analogy, in cases where these Terms contain legal lacunae.

10. Dispute resolution

10.1 Applicable law and Court of competent jurisdiction

These Terms and any and all disputes pertaining to the implementation, interpretation and validity of this contract are subject to the law and legal jurisdiction of the Italian State and shall be submitted to the exclusive jurisdiction of the Court of Foggia.

An exception is made for the exclusive Consumer Court, if the law so provides.

10.2 Online dispute resolution for consumers (EU citizens only)

Consumers residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative mechanism for the resolution of disputes. The European consumer can avail of this mechanism to resolve – extra-judicially – any dispute involving and/or arising from contracts for the sale of goods and services which are entered into online.

Accordingly, if you are a European consumer, you can use this platform to resolve any dispute arising from an online contract entered into with Futurenext.

The platform is available at the following link.

Zakeke will respond to any query emailed to: [email protected].

ANNEX I - Data processing agreement

This Agreement for Data Processor (hereinafter referred to as “Agreement”) is entered into between 

You and the entity you represent (“User” or “Controller”) and Futurenext s.r.l. (“Zakeke” or “Processor”)

(hereinafter, jointly referred as the “Parties”) 

DATA PROCESSING AGREEMENT BASED ON CONTRACTUAL STANDARD CLAUSES  

Clause 1 

Purpose and scope 

  • The purpose of these standard contractual clauses (hereinafter “Clauses”) is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to a third country. 
  • The Controller and Processors have agreed to these Clauses in order to ensure compliance with Article 28 paragraphs 3 and 4 of Regulation (EU) 2016/679 and/or Article 29 paragraphs 3 and 4 of Regulation (EU) 2018/1725. 
  • These Clauses apply to the following categories of personal data processed by the Processor in the Services:
    • Name (only when the Consumer saves a design for later and he/she/they are logged in Controller’s website)
    • Email (only when the Consumer saves a design for later and he/she/they are logged in Controller’s website)
    • Address (only when the Consumer is the recipient of a product of the Controller)
    • Mobile phone number (optional)
    • IP address 
    • Image(s) (only when uploaded by the user)
  • These Clauses are without prejudice to the obligations to which the Controller is subject under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. 
  • These Clauses do not, by themselves, guarantee compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725. 

 

Clause 2 

Invariability of the Clauses 

  1. The Parties agree not to change the clauses. 
  2. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. 

 

Clause 3 

Interpretation 

  1. Where these Clauses use terms that are defined in Regulation (EU) 2016/679, or in Regulation (EU) 2018/1725  those terms shall have the same meaning as in the Regulation concerned. 
  2. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or the Regulation (EU) 2018/1725, respectively. 
  3. These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679 and in Regulation (EU) 2018/1725, or in such a way as to affect the fundamental rights or freedoms of the persons concerned. 

 

Clause 4 

Hierarchy 

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail. 

 

SECTION II 

OBLIGATIONS OF THE PARTIES 

Clause 5 

Description of the processing 

The Processor processes solely the personal data necessary to provide the requested services. The Controller shall ensure that the data processed by the Processor have been collected and processed in a manner that complies with the Regulation. 

 

Clause 6 

Obligation of the parties 

6.1.   Instructions 

  1. The Processor shall process personal data only on the documented instructions of the Controller, unless required to do so by Union or national law to which the Processor is subject. In such a case, the Processor shall inform the Controller about this legal obligation prior to processing, unless the law prohibits it for important reasons of public interest. The Controller may also issue subsequent instructions throughout the processing of personal data. Such instructions shall always be documented. 
  2. The Processor shall immediately inform the Controller if, in its opinion, the Controller’s instructions violate Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 or applicable national or Union data protection provisions. 

6.2.   Purpose limitation 

The Processor shall process the personal data only for the specific purposes of providing the services, unless on further instructions from the Controller.  

6.3.   Duration of personal data processing 

The Processor will delete the personal data and assets related to the Account two years after the termination of the subscription by the Controller to the Processor’s services.

6.4.   Security of processing 

  1. The Processor shall implement technical and organizational measures to ensure the security of personal data. This includes protection against any security breach that accidentally or unlawfully results in the destruction, loss, modification, unauthorized disclosure of or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved in the processing for the data subjects. 
  2. The Processor shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.  

6.5.   Sensitive data 

The Processor will not process on behalf of the Controller any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offenses (hereinafter “Sensitive data”) within the platform.

6.6.   Documentation and compliance 

  1. The Parties shall be able to demonstrate compliance with these Clauses. 
  2. The Processor shall promptly and adequately respond to requests for information from the Controller regarding the processing of data in accordance with these Clauses. 
  3. The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations set forth in these Clauses and arising directly from Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At Controller’s request, Processor shall allow and contribute to review activities of the processing activities set forth in these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or review activity, the Controller may take into account relevant certifications held by the Processor. 
  4. The Controller may choose to conduct the audit activities independently or engage an independent auditor. Audit activities may also include inspections of the Processor’s premises or physical facilities and, where appropriate, shall be conducted with reasonable notice. 
  5. Upon request, the Parties shall make available to the relevant supervisory authority or authorities the information referred to in this clause, including the results of any review activities. 

6.7.   Use of sub-processors 

  1. The Processor has the general authorization of the Controller to use additional sub-Processors, the full list of sub-Processors can be retrieved from the Data Controller.
  2. Where the Processor employs a sub-processor to perform specific processing activities (on behalf of the controller), it shall enter into a contract that imposes on the sub-processor, in substance, the same data protection obligations imposed on the Processor in accordance with these Clauses. The Processor shall ensure that the additional Processor complies with the obligations to which the Processor is subject under these Clauses and Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. 
  3. Upon request of the Controller, the Processor shall provide them with a copy of the contract with the sub-processor and any subsequent amendments. To the extent necessary to protect trade secrets or other confidential information, including personal data, the Processor may expunge information from the contract before transmitting a copy. 
  4. The Processor shall remain fully responsible to the Controller for the fulfillment of the obligations of the additional sub-processor arising from the contract the sub-processor has entered into with the Processor. The Processor shall notify the Controller of any breach by the sub-processor of its contractual obligations. 
  5. The Processor agrees with the sub-processor on a third-party beneficiary clause according to which, if the Processor has de facto disappeared, has legally ceased to exist, or has become insolvent, the Controller has the right to terminate the contract with the sub-processor and require the sub-processor to delete or return the personal data

6.8.   International transfers 

  1. Any transfer of data to a third country or international organization by the Processor shall be made only on the documented instructions of the Controller or to comply with a specific requirement under Union or Member State law to which the Processor is subject, and in accordance with Chapter V of Regulation (EU) 2016/679. 
  2. The Controller agrees that where the Processor employs a sub-processor in accordance with Clause 6.7 for the performance of specific processing activities (on behalf of the Controller) and such processing activities involve the transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the Processor and the additional sub-processor may ensure compliance with Chapter V of Regulation (EU) 2016/679 by using the standard contractual clauses adopted by the Commission in accordance with Article 46(2) of Regulation (EU) 2016/679, provided that the conditions for the use of such standard contractual clauses are met. 

 
Clause 7 

Assistance to the Controller 

  1. The Processor shall promptly notify the Controller of any request received from the data subject. They shall not themselves respond to the request unless authorized to do so by the Controller. 
  2. The Processor shall assist the Controller in fulfilling the obligations to respond to requests from data subjects for the exercise of their rights, taking into account the nature of the processing. In fulfilling the obligations under (a) and (b), the Processor shall comply with the instructions of the Controller. 
  3. The Controller shall have the right to carry out audit activities and, in particular, shall have the right to verify, with at least 10 (ten) working days’ notice, including at the premises of the Processor, the compliance of the procedures adopted by the latter with what is indicated in this Agreement or required by the regulations. 
  4. In addition to the obligation to assist the Controller in accordance with Clause 7(b), the Processor shall also assist the Controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the Processor: 
  • a requirement to conduct an assessment of the impact of planned processing on the protection of personal data (“data protection impact assessment”) if a type of processing is likely to present a high risk to the rights and freedoms of natural persons; 
  • the obligation, prior to processing, to consult with the relevant supervisory authority or authorities if the data protection impact assessment indicates that the processing would present a high risk in the absence of measures taken by the controller to mitigate the risk; 
  • The obligation to ensure that personal data is accurate and up-to-date, informing the Controller without delay if the Processor becomes aware that the personal data it is processing is inaccurate or outdated; 
  • the obligations set out in Article 32 Regulation (EU) 2016/679.
     

Clause 8 

Notification of a personal data breach 

In case of personal data breach, the Processor shall cooperate with and assist the Controller in fulfilling the Controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or Articles 34 and 35 of Regulation (EU) 2018/1725, as applicable, taking into account the nature of the processing and the information available to the Processor. 

8.1.   Data breach regarding data processed by the Data Controller 

In case of a breach of personal data processed by the Controller, the Processor assists the Controller: 

  1. in notifying the personal data breach to the relevant supervisory authority or authorities without undue delay after the Controller becomes aware of it, if applicable (unless the personal data breach is unlikely to present a risk to the rights and freedoms of natural persons); 
  2. in obtaining the following information, which, in accordance with Article 33 paragraph 3 of Regulation (EU) 2016/679 must be indicated in the notification of the Controller and include at least: 
  • the nature of the personal data including, where possible, the categories and approximate number of data subjects in question and the categories and approximate number of records of the personal data in question; 
  • the likely consequences of the personal data breach; 
  • The measures taken or proposed to be taken by the Processor to remedy the personal data breach, including, where appropriate, measures for mitigating its possible adverse effects. 

If, and to the extent that, it is not possible to provide all the information at the same time, the initial notification shall contain the information available at that time, and the other information shall be provided later, as soon as it becomes available, without undue delay. 

3. in fulfilling, in accordance with Article 34 of Regulation (EU) 2016/679, the obligation to notify the data subject without undue delay of the personal data breach, if the personal data breach is likely to present a high risk to the rights and freedoms of natural persons. 

8.2.   Data breach regarding data processed by the Processor 

In the event of a breach of personal data processed by the Processor, the Processor shall notify the Controller without undue delay after becoming aware of the breach. The notification shall contain at least: 

  1. a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records involved); 
  2. the contact details of a point of contact where more information about the personal data breach can be obtained; 
  3. the likely consequences of the personal data breach and the measures taken or proposed to be taken to remedy the breach, including to mitigate its possible adverse effects. If, and to the extent that, it is not possible to provide all the information at the same time, the initial notification shall contain the information available at that time, and the other information shall be provided subsequently, as soon as it becomes available, without undue delay.

SECTION III 

FINAL PROVISIONS 

Clause 9 

Failure to comply with Clauses and termination 

  1. Subject to the provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, if the Processor breaches its obligations under these Clauses, the Controller may instruct the Processor to suspend the processing of personal data until the Processor complies with these Clauses or the contract is terminated. The Processor shall promptly inform the Controller if, for any reason, it is unable to comply with these Clauses. 
  1. The Controller has the right to terminate the contract with regard to the processing of personal data in accordance with these Clauses if: 
  2. the processing of personal data by the Processor has been suspended by the Controller in accordance with (a) and compliance with these Clauses is not restored within a reasonable period of time and in any case within one month after the suspension; 
  3. the Controller substantially or persistently violates these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725; 
  4. the Processor fails to comply with a binding decision of a competent court or competent supervisory authority(ies) regarding its obligations under these Clauses or Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. 
  5. The Processor has the right to terminate the contract with respect to the processing of personal data under these Clauses if, after informing the Controller that its instructions violate applicable legal requirements in accordance with clause 6.1(b), the Controller insists on compliance with the instructions. 

After termination of the contract, the Processor shall, at the option of the Controller, either delete all personal data processed on behalf of the Controller and certify to the Controller that it has done so, or return all personal data to the Controller and delete existing copies, unless Union or Member State law requires retention of personal data. Until the data is deleted or returned, the Processor shall continue to ensure compliance with these Clauses. 

Privacy Policy of zakeke.com

[Last update: 17.01.2024]

What is this document? Pursuant to art. 13 European Reg. n. 679/2016 (“General Data Protection Regulation” or “GDPR”) and in compliance with the principles contained therein, Futurenext s.r.l. (“Zakeke”) intends to inform each user (the “User”) about the processing of personal data happening on its website zakeke.com (the “Website”).

Controller and contact detail

FUTURENEXT SRL 

Via Michele Bisceglia n. 20 – 71121 Foggia – FG – Italy
VAT: IT04075360711
Companies’ Registry and Economic and Administrative Index (REA) No: FG – 298019
 

Purpose of processing, Legal Basis, Personal Data and Retention Period

The Controller processes Personal Data for the following purposes, as specified here in below. The table also shows the legal basis which justifies the processing and the period of data retention:

Purpose

Personal data

Legal basis

Data retention

A. Contact.

✓ Anagraphic information

✓ Contact details

Execution of pre-contractual measures [Art. 6, 1, lett. b) GDPR]

For the period necessary for the response.

B.  Allow the Controller to accomplish all formalities required by law.

✓ Anagraphic information

✓ Contact details 

Legal obligation [Art. 6, 1, lett. c) GDPR] 

Until the expiry of the data retention period, as provided by the applicable law.

C. Improve the Website by analyzing how Users navigate and/or use the Website.

✓ Website usage data

Legitimate interest

[Art. 6, 1, lett. f) GDPR]  

Data are aggregated or anonymized.

D. Detecting or preventing fraudulent activity and exercising the Controller’s rights in Court.

✓ Anagraphic information

✓ Contact details

Legitimate interest

[Art. 6, 1, lett. f) GDPR]  

Only in cases where litigation commences, data may be retained for as long as necessary to preserve the rights of the Controller in court proceedings.

In case the User prefers not to communicate mandatory and/or necessary data for the fulfillment of certain purposes, Zakeke reserves the right to not provide the service through its Website.

Users can ask for an explanation of the legal basis of each treatment at any time.

Processing modalities

The processing of Personal Data will take place through automated and/or manual tools in order to ensure proper security measures to prevent access, disclosure, loss, incorrect, illegal or unauthorized use of data.

Data Sharing

Your Personal Data may be shared with the following external subjects:

  1. internet service providers and platforms used by the Controller as organization tools, channels of communication and/or promotion;
  2. consultants and other third-party service providers (a full list of the third party providers can be requested to the Data Controller) who perform services for us or on our behalf and require access to such information to do that job;
  3. public subjects to whom such data must be communicated mandatorily by law or orders of the Authority.

These subjects act as autonomous data controllers or data processors. In the latter case, the Controller has signed a contract pursuant to Art. 28 GDPR (Data Protection Agreement or “DPA”). 

The list of data processors is available by sending a request to the Controller at [email protected].

Personal data will also be processed by the Controller’s internal staff specifically authorized pursuant to Article 29 of the GDPR.

Data Processing Locations

Personal data are processed at the headquarters of the Controller, as well as in the servers that host the Websites. The Controller ensures that when using providers established outside the EEA, the processing of personal data by these recipients is carried out in accordance with applicable law. Transfers shall be carried out by means of appropriate safeguards, such as adequacy decisions, standard contractual clauses approved by the European Commission or other safeguards provided for in the GDPR.

Data subject’s rights

The User may exercise all the rights provided for by Articles 15-21 of GDPR, at any time and without unjustified limitations, by contacting the Data Controller at [email protected]. Requests shall be filed free of charge and processed by the Controller within 30 days.

Specifically, the User can:

  • Obtain from the controller confirmation as to whether or not personal data are being processed (Art.15);
  • Obtain from the controller the rectification of inaccurate personal data (Art. 16);
  • Obtain from the controller the erasure of personal data (Art. 17);
  • Obtain from the controller restriction of processing (Art. 18);
  • Have the right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller (Art. 20);
  • Have the right to object (Art. 21);
  • With regard to the purposes of processing based on consent, withdraw it at any time.

Complaints

In any case, Users are always entitled to lodge a complaint with the competent supervisory authority (Garante per la Protezione dei Dati Personali), under Art. 77 of the Regulation, if they believe that the Data Controller’s processing of their Personal Data is in violation of the applicable law.

Amendments

The Controller reserves the right to amend and update the Privacy Policy as a result of any further new or revised provisions of any national and EU laws and regulations on personal data protection.

Cookie Policy of zakeke.com

How to provide or withdraw consent to the installation of Cookies

In addition to what is specified in this document, the User can manage preferences for Cookies directly from within their own browser and prevent – for example – third parties from installing Cookies.
Through browser preferences, it is also possible to delete Cookies installed in the past, including the Cookies that may have saved the initial consent for the installation of Cookies by this website.
Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses: Google ChromeMozilla FirefoxApple Safari and Microsoft Internet Explorer.

With regard to Cookies installed by third parties, Users can manage their preferences and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party’s privacy policy, or by contacting the third party.

Notwithstanding the above, the Owner informs that Users may follow the instructions provided on the subsequently linked initiatives by the Your Online Choices (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools. The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.

Owner and Data Controller

FUTURENEXT SRL 

Via Michele Bisceglia n. 20 – 71121 Foggia – FG – Italy
VAT: IT04075360711
Companies’ Registry and Economic and Administrative Index (REA) No: FG – 298019

Owner contact email: [email protected]

Since the installation of third-party Cookies and other tracking systems through the services used within this Website cannot be technically controlled by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, the User is kindly requested to consult the privacy policy for the respective third-party services listed in this document.

Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of Cookies by this Website.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User

The individual using this Website who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

This Website (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this Website as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies

Small sets of data stored in the User’s device.

Legal information

Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

This privacy policy relates solely to this Website.

Latest update: October 07, 2019

Spam Protection

This type of service analyzes the traffic of Zakeke, potentially containing Users’ Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.

Google reCAPTCHA (Google Ireland Limited)

Google reCAPTCHA is a SPAM protection service provided by Google Ireland Limited.
The use of reCAPTCHA is subject to the Google privacy policy and terms of use.
Personal Data processed: Tracker; Usage Data.

Place of processing: Ireland – Privacy Policy.