This User Agreement between You, the "User" and HUPAC, including any additional terms and conditions (hereinafter collectively: the "Agreement"), governs the use of the service called U CHECK INTERMODAL (hereinafter: "App" or "Service"), as described below in Title 3.
BY CLICKING "I ACCEPT", DOWNLOADING, INSTALLING OR USING THE APP, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE CONTENT OF THIS USER AGREEMENT AND THAT YOU ACCEPT ITS TERMS. If you do not accept this Agreement, you will not be able to download the App or use the Services.
In case it becomes necessary to update the App, the Services or the terms of the Agreement, appropriate measures will be taken to inform You, in accordance with the importance of the changes made to You. Continued access to or use of the App or Services after the updates have come into effect implies acceptance of the most up to date version of the Agreement.
"App" means the software and services of U CHECK INTERMODAL.
"Content" means any information
provided in the performance of the Services by Terminal Users and Operator
Users connected to the App (opening hours, scheduled/extraordinary closures,
availability/unavailability of services). HUPAC offers no guarantee and assumes
no liability for such information.
"Contract" means this contract including any supplementary terms.
"HUPAC" means Hupac S.p.a., a company under Italian law with its registered office in Busto Arsizio.
"User" means You.
"Operator User" means one of the intermodal operators connected to the App.
"Terminal User" or "Terminal" means one of the intermodal terminals connected to the App.
The general objective of the App is to optimise access to the terminals by lorries, rationalising access on the basis of a continuous two-way exchange of information between drivers and Terminals, through the provision of the following services: (i) Exchange of information regarding the status of a transport unit between drivers and Terminals. (ii) Sharing with Terminals of the estimated time of access to the terminal of the vehicle/driver. (iii) Access to information and news related to Terminals (opening hours, scheduled/extraordinary closures, availability/unavailability of services). (iv) Management of electronic queue for access to the terminal "counter" offices by drivers for presentation and withdrawal of documents.
These terms of service apply to all users of the Service.
4.1 License. HUPAC grants the User a limited, non-exclusive, non-sublicensable, non-transferable license to download, install and use the App on the User's mobile device free of charge. This licence relates exclusively to the use of the App by the User for his own use in the context of his professional activity of transport or shipping.
4.2. Other conditions of use. User may not, nor may User allow third parties to: (i) duplicate, transfer, give access to, copy, sell, monetize or distribute any part of the App or the Service; (ii) attempt to, or proceed to, reverse engineer, alter or modify any part of the Service; (iii) offer any derivative service of the App. Furthermore, User will not use the App or the Services to infringe third parties' rights or engage in unlawful conduct. You will comply with the terms and conditions of the Agreement, in the event of breach of which HUPAC reserves the right to revoke the license and therefore the use of the App with immediate effect.
4.3. Registration and Access. In order to access and use the functionalities of the Service, the User acknowledges and agrees that he or she must provide the App with his or her first name, last name, email address, legal entity or sole proprietorship for which he or she works and ensures that this information is accurate and complete and is kept that way.
4.4. Protection of access credentials. The User shall never access the Services using another person's credentials. You must also take appropriate measures to protect your access credentials (username and access code) and notify HUPAC of any suspicious or unauthorized use of your credentials.
User acknowledges that the App and Services include proprietary content, information and materials that are protected by applicable intellectual property and other laws, including but not limited to copyright. The User shall not use such content, information or materials in any way whatsoever except to the extent set forth in the applicable terms of use.
6.1. General limitations. The User accepts and expressly acknowledges that: (i) The App may not work on all devices. (ii) While every effort is made to make the App available at all times, we cannot guarantee uninterrupted or error-free service. (iii) HUPAC reserves the right to make changes to the App or any part thereof from time to time, including but not limited to removing, modifying and/or changing elements, features and functionality of the App, without notice. (iv) The App is made available on app stores free of charge. Access to and use of the App is exclusively via Internet access through a mobile device connected via GPRS, 3G/4G or Wi-Fi. (v) You are solely responsible for payment of any costs or expenses relating to the use of the App, including any costs relating to Internet access.
6.2 Suspension and termination of service. At any time and without prior notice in the event of a breach of any of the provisions of the Agreement or illegal and unauthorized use of the App, HUPAC reserves the right to temporarily or permanently suspend or disable access to the App and, in the case of illegal use, to initiate legal proceedings.
The data collected during the use of the App will be processed in accordance with the App's privacy policy, which can be found in the next section.
8.1. No warranty. To the maximum extent permitted by law, HUPAC makes no warranty for the App.
8.2. Limitation of Liability. To the maximum extent permitted by law, HUPAC's liability for any loss, injury or damage of any kind (whether direct, indirect, incidental, etc.) caused in whole or in part by the use of the App or the Content is excluded.
8.3. Terminal Users and Operator Users. The exclusions and limitations mentioned in paragraphs 8.1. and 8.2. above also apply to possible claims (of any kind) against Terminal Users and Operator Users.
9.1 Law and jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Italy (excluding private international law and international treaties). All disputes arising out of or in connection with this Agreement, including disputes regarding its conclusion, binding effect, amendment and termination shall be resolved exclusively by the courts of Busto Arsizio.
9.2 Invalid or unenforceable provisions. If any provision of the Contract is held to be void, illegal or unenforceable, the remainder of the Contract shall be valid and enforceable to the extent permitted by applicable law. In such case, the Parties agree to use their best efforts to replace the invalid or unenforceable provision with a provision that, to the extent permitted by applicable law, achieves the purposes intended by the invalid or unenforceable provision.
9.3. No implied waiver. Any waiver by either Party of the right at any time to enforce any term or condition under the Agreement shall not be deemed to be a waiver of that Party's right to enforce any term or condition of the Agreement thereafter.
Pursuant to Legislative Decree no. 196/2003 "Personal Data Protection Code" and EU Regulation no. 679/2016 "General Data Protection Regulation", Hupac S.p.A., CF and VAT no. 02255510154, with registered office in Via Dogana, 8 - 21052 Busto Arsizio, contact: privacy.hupacspa@hupac.com, in its capacity as Data Controller relating to the access data of persons who register with the U Check Intermodal App, provides the interested parties with information on the processing of their personal data.
Purpose and legal basis of the processing
Personal data are processed exclusively for the purposes of providing the services and functions of our App.
The processing is carried out on the legal basis of the legitimate interest of the Data Controller to pursue the above-mentioned purposes.
Personal Data
The personal data we receive from you are the following: personal data and contact details (email address) and telephone number that we acquire when you register the App.
Compulsory or optional nature of providing data
Without prejudice to the autonomy of the interested party, any refusal to provide personal data will make it impossible to establish and properly execute the Contract with the interested party and consequently access to the services of the App.
Treatment modalities
The processing will be carried out using appropriate methods and procedures, including computer and telematic procedures, with logic strictly related to the purposes indicated in the previous point and in any case in such a way as to ensure the confidentiality and security of personal data.
Persons to whom the data may be communicated
In addition to internal staff authorised by the Data Controller, Hupac S.p.A. may grant access to data to external parties such as Public Authorities in order to comply with legal obligations or to support investigations.
External parties process data as autonomous data controllers or data processors appointed by the Company.
Scope of data dissemination
Your personal data will not be disseminated or published.
Rights of the interested party
Privacy legislation (Articles 12-22 of EU Regulation 679/2016) guarantees the data subject the right to be informed about the processing of data concerning him/her, the right to access such data at any time and to request that it be updated, supplemented or corrected. Where the conditions provided for by the legislation are met, the data subject may also claim the right to the cancellation of data, the limitation of its processing, the portability of data and the right to object to its processing.
In order to exercise your rights, as well as for more detailed information on the subjects or categories of subjects to whom the data is communicated or who become aware of it in their capacity as data processors or persons in charge of processing, you may contact Hupac S.p.A. by writing to the e-mail address: privacy.hupacspa@hupac.com. If you believe that your rights have been infringed, you may lodge a complaint with the Personal Data Protection Authority.
Transfer of data abroad
The personal data of the interested party may be transferred to countries outside the European Union and, specifically, to Switzerland at the company Hupac SA where part of the company's servers and IT infrastructure are located. The transfer is carried out in accordance with the Adequacy Decision of the European Commission of 26 July 2000.
Period of data retention
Your personal data will be kept for the period necessary to fulfil the purposes indicated in this information notice, as well as, once these purposes have been fulfilled, until the period of prescription of the rights arising as a result of the legal and factual relationships between the parties and connected directly or indirectly to these purposes. The data will therefore be processed for the entire duration of the contractual relationship and also subsequently, within the limits necessary for the fulfilment of legal obligations (10 years).
Data controller
The data controller is Hupac S.p.A., CF and VAT no. 02255510154, with registered office in Via Dogana, 8 - 21052 Busto Arsizio, contact: privacy.hupacspa@hupac.com. The Data Controller may process the data directly, through its own employees authorised to do so, or through external collaborators, who in this case take on the title of Data Processors. The updated list of Data Processors is made available by the Controller on request.