Privacy Informations

Privacy Policy of zakeke.com

This Website collects some Personal Data from its Users.

Owner and Data Controller

Futurenext S.r.l. – Via di Motta della Regina, 6 – 71121 – Foggia, Italy.
Vat N. 04075360711
Registration N. 298019
PEC: futurenextsrl@pec.it

Owner contact email: info@zakeke.com

Types of Data collected

Among the types of Personal Data that this Website collects, by itself or through third parties, there are: Cookies; Usage Data; email address; first name; username; password.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.
Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party’s consent to provide the Data to the Owner.

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which the Owner is subject;
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
  • processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, Infrastructure monitoring, Heat mapping and session recording, Information collection, Content performance and features testing (A/B testing), Hosting and backend infrastructure, Content commenting, Interaction with external social networks and platforms, Displaying content from external platforms, Interaction with support and feedback platforms, Traffic optimization and distribution, Tag Management, Advertising, Registration and authentication, Platform services and hosting, Handling payments, Managing support and contact requests, Internal processing tools and Selling goods and services online.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Advertising

This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on this Website, possibly based on User interests.
This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.
Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this Website. For more information, please check the privacy policies of the relevant services.

In addition to any opt-out offered by any of the services below, the User may opt out of a third-party service’s use of cookies for certain advertising features by visiting the Network Advertising Initiative opt-out page.

Users may also opt-out of certain advertising features through applicable device settings, such as the device advertising settings for mobile phones or ads settings in general.

Google Ads

Google Ads is the online advertising platform owned and operated by Google

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Alexa Metrics (Alexa Internet, Inc.)

Alexa Metrics is an analytics service provided by Alexa Internet, Inc.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy – Opt Out.

Chartbeat (Chartbeat)

Chartbeat is an analytics service provided by Chartbeat Inc.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

Google Analytics (Google Ireland Limited)

Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies; Usage Data.

Place of processing: Ireland – Privacy Policy – Opt Out. Privacy Shield participant.

KISSmetrics (Space Pencil, Inc.)

KISSmetrics is an analytics service provided by Space Pencil, Inc.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

Influxdata

Influx is a platform for building and operating time series applications. 

Personal Data collected: Usage Data

Place of processing: United States – Privacy Policy

Linkedin Analytics

Is the analytical service that serves to measure the effectiveness of your presence and activity on Linkedin, both personal and corporate.

Content commenting

Content commenting services allow Users to make and publish their comments on the contents of this Website.
Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.
If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when Users do not use the content commenting service.

Disqus (Disqus)

Disqus is a content commenting service provided by Big Heads Labs Inc.

Personal Data collected: Cookies; Usage Data; various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy – Opt out.

Content performance and features testing (A/B testing)

The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of this Website.

Optimizely (Optimizely, Inc.)

Optimizely is an A/B testing service provided by Optimizely, Inc.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

Displaying content from external platforms

This type of service allows you to view content hosted on external platforms directly from the pages of this Website and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

Gravatar (Automattic Inc.)

Gravatar is an image visualization service provided by Automattic Inc. that allows this Website to incorporate content of this kind on its pages.
Please note that if Gravatar images are used for comment forms, the commenter’s email address or parts of it may be sent to Gravatar – even if the commenter has not signed up for that service.

Personal Data collected: email address; Usage Data.

Place of processing: United States – Privacy Policy.

Wistia widget (Wistia, Inc.)

Wistia is a video content visualization service provided by Wistia, Inc. that allows this Website to incorporate content of this kind on its pages.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Handling payments

Unless otherwise specified, this Website processes any payments by credit card, bank transfer or other means via external payment service providers. In general and unless where otherwise stated, Users are requested to provide their payment details and personal information directly to such payment service providers. This Website isn’t involved in the collection and processing of such information: instead, it will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.

GoCardless (GoCardless Limited)

GoCardless is a payment service provided by GoCardless Limited.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

PayPal (PayPal Inc.)

PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: See the PayPal privacy policy – Privacy Policy.

Stripe (Stripe Inc)

Stripe is a payment service provided by Stripe Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

ChargeBee (ChargeBee Inc.)

ChargeBee is a payment service provided by ChargeBee Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.

Heat mapping and session recording

Heat mapping services are used to display the areas of a page where Users most frequently move the mouse or click. This shows where the points of interest are. These services make it possible to monitor and analyze web traffic and keep track of User behavior.
Some of these services may record sessions and make them available for later visual playback.

Crazy Egg (Crazyegg)

Crazy Egg is a heat mapping service provided by Crazy Egg, Inc.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

Lucky Orange

Lucky Orange is a complete conversion rate optimization and customer feedback tool designed to help your website perform at its best.

Hosting and backend infrastructure

This type of service has the purpose of hosting Data and files that enable this Website to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Website.

Some services among those listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Microsoft Azure (Microsoft Corporation)

Microsoft Azure is a hosting service provided by Microsoft Corporation.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: Ireland – Privacy Policy. Privacy Shield participant.

Information collection

Fullstory

Fullstory helps measure how users interact with our websites.

Infrastructure monitoring

This type of service allows this Website to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.
Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of this Website.

Bugsnag (Bugsnag Inc.)

Bugsnag is a monitoring service provided by Bugsnag Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

New Relic (New Relic)

New Relic is a monitoring service provided by New Relic Inc.
The way New Relic is integrated means that it filters all traffic of this Website, i.e., communication between the Application and the User’s browser or device, while also allowing analytical data on this Website to be collected.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Interaction with external social networks and platforms

This type of service allows interaction with social networks or other external platforms directly from the pages of this Website.
The interaction and information obtained through this Website are always subject to the User’s privacy settings for each social network.
This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.
It is recommended to log out from the respective services in order to make sure that the processed data on this Website isn’t being connected back to the User’s profile.

Facebook Connect

Facebook Connect allows visitors to interact with and share content via Facebook’s social media platform.

Pinterest “Pin it” button and social widgets (Pinterest)

The Pinterest “Pin it” button and social widgets are services allowing interaction with the Pinterest platform provided by Pinterest Inc.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy.

Twitter Tweet button and social widgets (Twitter, Inc.)

The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.

Personal Data collected: Cookies; Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

YouTube button and social widgets (Google Ireland Limited)

The YouTube button and social widgets are services allowing interaction with the YouTube social network provided by Google Ireland Limited.

Personal Data collected: Usage Data.

Place of processing: Ireland – Privacy Policy. Privacy Shield participant.

Interaction with support and feedback platforms

This type of service allows Users to interact with third-party support and feedback platforms directly from the pages of this Website.
If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service.

Page Proofer

Visual Bug Tracker & Visual Feedback Tool

Internal processing tools

FirstPromoter

FirstPromoter is an all-in-one platform that allows SaaS companies to track, manage and optimize any type of referral based marketing programs.

Managing support and contact requests

This type of service allows this Website to manage support and contact requests received via email or by other means, such as the contact form.
The Personal Data processed depend on the information provided by the User in the messages and the means used for communication (e.g. email address).

Zendesk (Zendesk, Inc.)

Zendesk is a support and contact request management service provided by Zendesk Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Platform services and hosting

These services have the purpose of hosting and running key components of this Website, therefore allowing the provision of this Website from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data.
Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Shopify (Shopify Inc.)

Shopify is a platform provided by Shopify Inc. that allows the Owner to build, run and host an e-commerce website.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: Canada – Privacy Policy. Privacy Shield participant.

Registration and authentication

By registering or authenticating, Users allow this Website to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Website will be able to access some Data, stored by these third-party services, for registration or identification purposes.

Facebook Authentication (Facebook Ireland Ltd)

Facebook Authentication is a registration and authentication service provided by Facebook Ireland Ltd and is connected to the Facebook social network.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – Privacy Policy

Google OAuth (Google Ireland Limited)

Google OAuth is a registration and authentication service provided by Google Ireland Limited and is connected to the Google network.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – Privacy Policy

Linkedin OAuth (LinkedIn Corporation)

Linkedin Oauth is a registration and authentication service provided by Linkedin Corporation and is connected to the Linkedin social network.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – Privacy Policy

ASP.NET_SessionId

Used in connection with merchant login.

rememberme

Used in connection with merchant login.

bigcommerce

Used in connection with merchant login.

zakeke-guest

Used in connection with navigation through a merchant store.

token

Used in connection with merchant login.

Direct registration (this Website)

The User registers by filling out the registration form and providing the Personal Data directly to this Website.

Personal Data collected: email address; first name; password; username.

Selling goods and services online

Printful

Easy print-on-demand drop shipping and fulfillment warehouse services

Photoeditor SDK

Photo editing SDK for web and mobile.

Tag Management

This type of service helps the Owner to manage the tags or scripts needed on this Website in a centralized fashion.
This results in the Users’ Data flowing through these services, potentially resulting in the retention of this Data.

Google Tag Manager (Google Ireland Limited)

Google Tag Manager is a tag management service provided by Google Ireland Limited.

Personal Data collected: Cookies; Usage Data.

Place of processing: Ireland – Privacy Policy. Privacy Shield participant.

Traffic optimization and distribution

This type of service allows this Website to distribute their content using servers located across different countries and to optimize their performance.
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between this Website and the User’s browser.
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information User are transferred.

Google Search Console

This plugin adds the verification code of Google Search Console, former Google Webmaster Tools, to your site and display your Search Console analytics data in the WordPress dashboard. You can see Clicks, Posistions, CTR and Impressions.

__RequestVerificationToken

Used in connection with navigation through the Zakeke’s website.

cookie_consent

Used in connection with navigation through the Zakeke’s website.

Language

Used in connection with navigation through the Zakeke’s website.

Contacting the User

Contact form (this Application)

By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.

Personal Data processed: email address; first name; various types of Data.

Mailing list or newsletter (this Website)

By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this Website. Your email address might also be added to this list as a result of signing up to this Website or after making a purchase. Furthermore, the User’s email address could also be used to carry out legitimate “soft spam” activities for commercial communications regarding “services similar to those being sold”.

From time to time, this Website 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. This Website 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 always has the right to oppose the sending of such communications, being able to cancel their registration through the “Unsubscribe” button in the emails or by contacting the owner at the addresses indicated.

Personal Data processed: email address.

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

Coockie Policy of zakeke.com

Cookies consist of portions of code installed in the browser that assist the Owner in providing the Service according to the purposes described. Some of the purposes for which Cookies are installed may also require the User’s consent.

Where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.

Technical Cookies and Cookies serving aggregated statistical purposes

  • Activity strictly necessary for the functioning of the service

    This Website uses Cookies to save the User’s session and to carry out other activities that are strictly necessary for the operation of this Website, for example in relation to the distribution of traffic.

  • Activity regarding the saving of preferences, optimization, and statistics

    This Website uses Cookies to save browsing preferences and to optimize the User’s browsing experience. Among these Cookies are, for example, those used for the setting of language and currency preferences or for the management of first party statistics employed directly by the Owner of the site.

Other types of Cookies or third parties that install Cookies

Some of the services listed below collect statistics in an anonymized and aggregated form and may not require the consent of the User or may be managed directly by the Owner – depending on how they are described – without the help of third parties.

If any third party operated services are listed among the tools below, these may be used to track Users’ browsing habits – in addition to the information specified herein and without the Owner’s knowledge. Please refer to the privacy policy of the listed services for detailed information.

  • Analytics

    The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

    Alexa Metrics (Alexa Internet, Inc.)

    Alexa Metrics is an analytics service provided by Alexa Internet, Inc.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy – Opt Out.

    Chartbeat (Chartbeat)

    Chartbeat is an analytics service provided by Chartbeat Inc.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy.

    Google Analytics (Google Ireland Limited)

    Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.
    Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: Ireland – Privacy Policy – Opt Out. Privacy Shield participant.

    KISSmetrics (Space Pencil, Inc.)

    KISSmetrics is an analytics service provided by Space Pencil, Inc.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

  • Content commenting

    Content commenting services allow Users to make and publish their comments on the contents of this Website.
    Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.
    If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when Users do not use the content commenting service.

    Disqus (Disqus)

    Disqus is a content commenting service provided by Big Heads Labs Inc.

    Personal Data collected: Cookies, Usage Data and various types of Data as specified in the privacy policy of the service.

    Place of processing: United States – Privacy Policy – Opt out.

  • Content performance and features testing (A/B testing)

    The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of this Website.

    Optimizely (Optimizely, Inc.)

    Optimizely is an A/B testing service provided by Optimizely, Inc.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy.

  • Displaying content from external platforms

    This type of service allows you to view content hosted on external platforms directly from the pages of this Website and interact with them.
    This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

    Wistia widget (Wistia, Inc.)

    Wistia is a video content visualization service provided by Wistia, Inc. that allows this Website to incorporate content of this kind on its pages.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy. Privacy Shield participant.

  • Heat mapping and session recording

    Heat mapping services are used to display the areas of a page where Users most frequently move the mouse or click. This shows where the points of interest are. These services make it possible to monitor and analyze web traffic and keep track of User behavior.
    Some of these services may record sessions and make them available for later visual playback.

    Crazy Egg (Crazyegg)

    Crazy Egg is a heat mapping service provided by Crazy Egg, Inc.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy.

  • Interaction with external social networks and platforms

    This type of service allows interaction with social networks or other external platforms directly from the pages of this Website.
    The interaction and information obtained through this Website are always subject to the User’s privacy settings for each social network.
    This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.
    It is recommended to log out from the respective services in order to make sure that the processed data on this Website isn’t being connected back to the User’s profile.

    Pinterest “Pin it” button and social widgets (Pinterest)

    The Pinterest “Pin it” button and social widgets are services allowing interaction with the Pinterest platform provided by Pinterest Inc.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy.

    Twitter Tweet button and social widgets (Twitter, Inc.)

    The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: United States – Privacy Policy. Privacy Shield participant.

  • Tag Management

    This type of service helps the Owner to manage the tags or scripts needed on this Website in a centralized fashion.
    This results in the Users’ Data flowing through these services, potentially resulting in the retention of this Data.

    Google Tag Manager (Google Ireland Limited)

    Google Tag Manager is a tag management service provided by Google Ireland Limited.

    Personal Data collected: Cookies and Usage Data.

    Place of processing: Ireland – Privacy Policy. Privacy Shield participant.

  • __requestverificationtoken

    Used in connection with navigation through the Zakeke’s website.

  • Asp.net_sessionid

    Used in connection with merchant login.

  • Bigcommerce

    Used in connection with merchant login.

  • Cookie_consent

    Used in connection with navigation through the Zakeke’s website.

  • Language

    Used in connection with navigation through the Zakeke’s website.

  • Rememberme

    Used in connection with merchant login.

  • Token

    Used in connection with merchant login.

  • Zakeke-guest

    Used in connection with navigation through a merchant store.

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 S.r.l. – Via di Motta della Regina, 6 – 71121 – Foggia, Italy.
Vat N. 03376920710
Registration N. 242262

Owner contact email: info@zakeke.com

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.

Terms and Conditions of Zakeke

Last revision: February 28, 2020

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

Owner of Zakeke and of the related Services

Futurenext S.r.l.

Via di Motta della Regina s.n.c. – 71100, Foggia (FG)

Companies’ Registry and Economic and Administrative Index (REA) No.: FG-2018-23892
Share capital: Euro 190,000.00
VAT NO.: 03376920710

E-mail address of Owner: info@futurenext.it

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 Privacy Policy 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 Privacy Policy 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:

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

Amazon AWS: 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 owner at the addresses in these Terms. The User therefore agrees to receive such communications upon acceptance of 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 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.

3.5 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.

3.6 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.

3.7 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.

4.3 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.

4.4 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.

4.5 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 include VAT and are in USD and Euro.

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 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  help@zakeke.com.

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.

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 policy

For information on the use of personal data, Users should refer to Zakeke’s privacy policy.

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: help@zakeke.com.

10.3 Your rights as Data Subject (for EU Citizens only)

Under the General Data Protection Regulation (GDPR), you, as a data subject, have the following rights regarding your personal data:

  • The right to request access to your personal data (Art. 15 GDPR);
  • The right to rectification or erasure of your personal data (Art. 16 and Art. 17 GDPR);
  • The right to restriction of, or to object to the processing of your personal data (Art. 18 and Art. 21 GDPR);
  • The right to data portability (Art. 20 GDPR).

Please note that your rights according to 2), 3) and 4) above will only exist under certain conditions pursuant to the GDPR and may not therefore apply in relation to us. Furthermore, you are always entitled to lodge a complaint with a data protection authority.