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First user account (Administrator)

You are creating the first user account within the organization. The first user account will be the administrator. If the package contains allowance for multiple users, the administrator can create other users within eSignAnyWhere user settings. Fill out details for the first user account below.

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After reading and known the Information (view) pursuant to Article 13 of EU Reg. 679/2016: I consent to the processing of personal data to receive information:

Privacy policy - Namirial S.p.A.

pursuant to art. 13 of EU Regulation n. 679/2016 ("Regulation" or "GDPR") and in compliance with the principles contained therein

Namirial S.p.A. proceeds with the processing of data in compliance with the provisions of European Regulation 2016/679 on the protection of fixed persons about the processing of personal data and on the free movement of such data (hereinafter "EU Regulation 2016/679").

According to Article 13 of the aforementioned Regulation below is information regarding the identification of the data controller and the data processor on the subject of the processing of personal data concerning contracts and the provision of services.

The Data Controller is Namirial S.p.A. (hereinafter referred to as the "Data Controller" or "Namirial") with registered office in via Caduti sul Lavoro, 4 - 60019 Senigallia (AN), VAT n. IT02046570426. The Data Protection Officer (DPO) can be contacted through the following email address: dpo@namirial.com - (PEC) dpo.namirial@sicurezzapostale.it

Categories of data

As part of the activities carried out by the user on the websites indicated, Namirial may process the following categories of personal data, depending on the purpose:

Personal data (e.g. name, surname, tax code, date and place of birth, nationality);
Identification document;
Contact information (phone number and email);
IP Address;
Data contained in documents subject to signing.

Purpose of processing and legal basis of processing personal data

We will process your personal data for the following purposes:

Creating the user profile: the legal basis for this purpose is Art. 6(1) b of the GDPR - Contract;
Sharing of signature certificate data with requesting parties: to enable us to secure your identity and to be able to grant you access to the services you have requested, we may need to share your signature certificate data with the provider of the service you are trying to access. The legal basis for this activity is Article 6(1) b of the GDPR - Contract and Article 6(1) f of the GDPR - Legitimate interest;
Promotional and marketing activities of the Data Controller: the legal basis for this purpose is Art. 6(1) a of the GDPR -Consent;
Management and response to requests for commercial assistance, including online: the legal basis for this purpose is art. 6(1) b of the GDPR - Contract;
Fulfillment of legal obligations, national or community regulations: the legal basis for this purpose is art. 6(1) c of the GDPR - Legal obligation;
Sending communications with informative content about services similar to those already purchased: the legal basis for this purpose is art. 6(1) f of the GDPR - Legitimate interest of the Data Controller;
Statistical, business and market analysis, carried out in absolutely anonymous and aggregate form: the legal basis for this purpose is art. 6(1) f of the GDPR - Legitimate interest of the Data Controller;
Judicial protection of Namirial rights: the legal basis for this purpose is Article 6(1) f of the GDPR - Legitimate interest of the Data Controller.

Conferment of data

The conferment of the data referred to in points a), b), e) and h) are compulsory in order to allow the conclusion of the contract or for the provision of services requested. The conferment of the data referred to in further points is optional: you may at any time ask the Data Controller to stop the processing activities without any consequences in the services provided to you.

Method of processing and access to data

Namirial processes personal data in compliance with the principles of the Regulation in virtue of its own legitimate interests linked to the type of activity carried out and the need to execute existing contracts or pre-contractual measures requested by the interested parties.

The treatment is carried out by means of automated and/or manual computer and telematic tools that guarantee the appropriate

security measures to prevent access, disclosure, loss, incorrect, illegal or unauthorized use of data.

The data are processed for the time necessary to carry out the service requested by the User, or required by the purposes described in this document, and the User may always request the interruption of the Processing or the cancellation of the data. The data can only be accessed by those in charge, who are adequately trained and informed about their duties and the activiti es permitted on the data collected, who work on behalf of Namirial and who are recipients of instructions and tasks given by the Data Controller.

In cases where the processing of data of interested parties is carried out for the purposes referred to in point B), the data associated with the chosen authentication tool will be collected and verified by Namirial S.p.A. in order to proceed to the issuance of the Digital Identity or Certificate.

Data Sharing

We would like to inform you that the data relating to the contract and the service activity may be communicated to third parties appointed as external data processors (the complete list is available to the Data Controller), business consultants for administrative and accounting purposes, as well as legal consultants for the possible management of disputes.

The data may also be communicated to the police or judicial authorities for purposes of investigation or prosecution of crime s committed by users of telematic services, where necessary.

We would also like to inform you that data may also be processed by third parties acting as Local Registration Authority or Registration Authority Operator or by individuals with archiving function, formally appointed by Namirial as external data processors/sub-processors.

Data processing location

Personal data are processed at the headquarters of the Data Controller, as well as in the servers that host the service. Personal data are stored in servers located in the EU territory and will not be transferred outside of it under any circumstances. The Data Controller guarantees that when using cloud providers established outside the European Economic Area, the processing of personal data by these recipients is carried out in accordance with the principles of the GDPR. Transfers are made by means of appropriate safeguards, such as adequacy decisions, standard contractual clauses approved by the European Commission, or other safeguards provided by the GDPR.

Data Retention

Namirial S.p.A. will keep the data of the interested parties in a form that permits identification of the same for a period of time not exceeding the achievement of the purposes for which the data were collected.

The data related to the Certificates and/or Digital Identity will be kept for 20 (twenty) years from the termination of the contract or from the expiration or revocation of the Certificate or Digital Identity, in accordance with the provisions of art.28, para.4bis of Legislative Decree 82/2005 as amended (Codice per l'Amministrazione Digitale) and art. 7, para.8 of the Prime Minister's Decree of 24 October 2014 as amended.

The data strictly necessary for fiscal and accounting fulfilments, once the purpose for which they were collected is no longer valid, will be kept for a period of 10 (ten) years as required by Italian law.

Data for marketing purposes will be kept until consent is revoked.

Once these periods have elapsed, Namirial S.p.A. will cancel the data of the interested parties.

The interested party has the right to request, at any time, the modification of the structures regulated by this privacy policy through the exercise of the rights set out in the following paragraph.

Data Subjects rights

The User may exercise all the rights provided for by Articles 15-21 of EU Reg. no. 679/2016, at any time and without unjustified limitations, by contacting the Data Controller at dpo@namirial.com.

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);

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. 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.

I consent to data processing under GDPR *

I accept the Terms of Use for the offered service (view) *

eSignAnyWhere Terms of Use

Preamble

The following terms and conditions constitute an indivisible part of the agreement entered into between you as the end user of the Namirial SRL website or services called eSignAnyWhere (collectively, “Services”), including any applications, sample files, scripts, instruction sets, and any related documentation (collectively, “Software”) and Namirial in the context of purchasing and use of Namirial Services and Software.

The following terms and conditions shall apply to all claims inferable by reason of law between you and Namirial. By accessing, using or downloading the Namirial Services and Software you express your explicit approval of these terms and conditions.

If you have entered into another agreement (collectively, “Additional Terms”) with Namirial concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms.

1. Assignment of Privileges

Namirial grants you a personal, limited, non-exclusive and non-transferable license to access and use Namirial Services and Software only as expressly permitted in these Licensing Terms and Conditions. You shall not use Namirial Services and Software for any illegal purpose or in any manner inconsistent with the provisions of these Licensing Terms and Conditions. Namirial grants you permission to display, copy, distribute and download content and materials on Namirial Services and Software provided that you:

(1) retain all copyright and other proprietary notices on the content and materials;
(2) use them solely for private or business purposes;
(3) do not modify them in any way.

Any violation by you of the license provisions contained in this Section 1 may result in the immediate termination of your right to use Namirial Services and Software, as well as potential liability for copyright infringement depending on the circumstances.

You must not misuse the Namirial software, services or content that we provide to you as part of the Services. For example, you must not:

falsely state, misrepresent, or conceal your affiliation with another person or entity;
copy, modify, host, sublicense, or resell the Namirial software or services, or content;
decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Namirial SRL;
enable or allow others to use the service, software, or content using your account information;
access or attempt to access the software by any means other than the interface we provided or authorized;
circumvent any access or use restrictions put into place to prevent certain uses of the Services;
share content or engage in behavior that violates anyone’s Intellectual Property Right;
attempt to disable, impair, or destroy the services, software, or hardware;
misuse the server infrastructure or API;
engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
violate applicable law.

2. Your Content

You retain all rights and ownership of your content. Namirial does not claim any ownership rights to your content.

Namirial requires certain licenses from you to your content to operate and enable the Namirial software. When you upload content to Namirial software, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, publicly display, distribute, modify, publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to share your content with others). This license is only for the purpose of operating or improving the Namirial software. Namirial will not access, view, or listen to any of your content, except as reasonably necessary to perform the services.

You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content you submit is truthful and accurate; and that use of the content you supply does not violate these Licensing Terms and Conditions or any applicable laws. You are only allowed to upload a Microsoft Office document to Namirial Service and Software if the uploaded Microsoft Office document has been created by a user that is licensed for Microsoft Office.

You acknowledge that you are responsible for the submissions that you provide and that you have full responsibility for the legality and copyright of the submissions.

You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website. You must comply with the anti-spam laws of the countries your recipients live in. So if you’re e.g. sending to UK residents, check the UK spam laws to make sure you’re also UK compliant.

Nothing in these License Terms and Conditions may be construed to make Namirial a party to any transaction (envelope) processed through the Namirial Service and Software, and Namirial makes no representation or warranty regarding the transactions sought to be effected by any contract.

Certain types of agreements and documents may be excepted from electronic signature laws, or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. Namirial is not responsible or liable to determine whether any particular electronic contract is subject to an exception to applicable electronic signature laws, or whether it is subject to any particular agency promulgations, or whether it can be legally formed by electronic signatures.

Some Services may provide features that allow you to share your content with other users or to make it public. If you use these features these users may use, copy, modify, or re-share your content in many ways.

Namirial employs physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your content. We choose these safeguards based on the sensitivity of the information that we collect, process and store and the current state of technology. Although we take measures to safeguard against unauthorized disclosures of information, the Internet and the Services are not 100% secure so we cannot assure you that information we collect or store will be protected from all unauthorized access.

3. Ownership and Constraints

Right of ownership, copyright and other industrial property rights remain with Namirial and Namirial’s licensors. This applies also for products developed by Namirial in the course of rendering services and placed at your disposal. You are not permitted to remove or modify marks or copyright notices referring to industrial property rights owned by Namirial or any third party. You are not entitled to place the programs or results of provision of services at the disposal of a third party or parties for the business purposes of said third party or parties.

4. Warranty

Unless stated in Additional Terms, the Services and Software are provided “AS IS” AND “AS AVAILABLE”. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services.

We further disclaim any warranty that
(a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free;
(b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable;
(c) the quality of the Services or Software will meet your expectations; or that
(d) any errors or defects in the Services or Software will be corrected.

5. Liability

Claims for damages by end user are debarred, except in cases in which the claimant provides substantiated evidence that the error lies within Namirial’s sphere of influence, and was caused by intent or gross negligence on the part of Namirial or its vicarious agents.
Namirial’s liability for each damage claim is restricted to the aggregate amount paid by you for the license during the three-month period preceding the event. A damage claim is defined as the totality of claims for damage by all claimants resulting from the same act or the totality of claims by the same claimant with respect to various acts in legal or economic context, or the totality of a single claim issuing from one or multiple acts.

This limit does not apply to injury to persons or to damage caused by intent, however, claimant must substantiate this more serious level of default.

6. Export Restrictions

By using Namirial software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any country to which the European Union has embargoed goods. You agree you will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the European Union in connection with your use of this Site unless you have complied with all applicable European Union and foreign government export laws and regulations.

7. Customer Data and Data Protection

You accept the fact that Namirial processes customer data and data of third parties including name, email address and credit card information pursuant to the provisions of the relevant legal stipulations concerning data protection, current version. Namirial will not disclose data acquired in this way and will use the acquired data only as reasonably necessary to perform the services.

For on-premise installations: Subject to five working days prior notice, end user explicitly agrees to grant Namirial’s staff or agents access to systems on which Namirial software is installed and to allow Namirial to analyze use directly on these systems. Namirial will not disclose data acquired in this way and will use the acquired data for license auditing purposes only.

8. How We Use Cookies and Similar Technology

Cookies are very small text files that are stored on your computer when you visit some websites. Namirial uses cookies to help identify your computer so Namirial can tailor your user experience, track shopping basket contents, and remember where you are in the process. You can disable any cookies already stored on your computer, but these may stop Namirial Services and Software from functioning properly.

Namirial may also use HTML5 local storage, LSOs, web beacons, embedded scripts and similar technologies for authenticating you, keeping track of information you have provided to us, and remembering your preferences.

9. Support

Bugs may be reported via the user menu.

Please notify Customer Support immediately if you become aware of any unauthorized use of your account.

10. Confidentiality

You warrant to keep confidential any and all information disclosed to it in the scope of founding and performing this agreement – irrespective of the kind and form of said information – both during the term of and after termination of the contract relationship, and not to exploit this information for its own purposes or for the purposes of a third party or parties. This non-disclosure and confidentiality condition must demonstrably be imposed on all persons with access to this information on account of their responsibilities.

11. Fees and Payment & Service Plan

“Service Plan” means the right to access and use the Namirial Service and Software for a specified period in exchange for a periodic fee, subject to the Service Plan restrictions and requirements that are used to describe the selected Service Plan on the eSignAnyWhere site. During the term of the Service Plan and subject to these License Terms and Conditions, you will have the right to obtain an account and register authorized users, who may access and use the Namirial Service and Software. You must be 18 years of age or older to register for an account and use the Namirial Service and Software. Your right to use your account is limited to its authorized users, and you agree not to resell or otherwise provide or assist with the provision of the Namirial Service and Software to any third party.

An authorized user is defined as a human being with his true name authorized to access the Namirial Services and Software in order to use services such as “e-signing”, regardless of the number of devices (e.g. computer, smartphone, tablet, etc.) used by this authorized user and regardless of whether this authorized user is actively or not actively using the Namirial Services and Software any given time. The number of authorized users must be measured at the multiplexing front end. Prices may vary for different types of authorized users. A non-human operated device is not allowed to access the Namirial Services and Software as authorized user. One authorized user account cannot be shared between more than one individual.

If a Services Plan defines a monthly envelope limit (allowance), all envelopes sent in excess of the envelope allowance will incur a per-envelope charge or alternatively you’ll have to upgrade the account to a higher envelope allowance. Any unused envelope allowances will expire and not carry over from one billing period to another. Your account will be deemed to have consumed an envelope at the time the envelope is sent, regardless of whether envelopes were received by recipients, or whether recipients have performed any actions upon any document in the envelope.

The prices, features, and options of the Namirial Services and Software available for your account depend on the Service Plan selected by you. You may also purchase optional services on a periodic or per-use basis. Namirial may add or change the prices, features or options available with a Service Plan without notice. If Namirial modifies any of the foregoing terms, you may cancel your use of the Namirial Service and Software effective at the end of the billing cycle. Namirial may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the eSignAnyWhere site.

Namirial will provide you with one invoice in a format Namirial chooses, which may change from time to time.

Namirial may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. Namirial will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.

You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). Namirial is not responsible for these fees. Namirial may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.

12. Reasonable Use

If Namirial suspects that the number of envelopes sent from a particular end user is abusive and/or unduly burdensome or one user accounts is used by different human beings, Namirial will promptly notify end user, discuss the use-case scenario with end user and any continued monitoring, additional discussions and/or information required to make a final determination on the course of action based on such information. In the event end user exceeds, in Namirial’s sole discretion, reasonable use restrictions under a Service Plan, Namirial reserves the right to transfer end user into a higher-tier Service Plan without notice. If end user misrepresents its eligibility for any Service Plan, end user agrees to pay Namirial the additional amount it would have been charged under the most favorable pricing structure for which end user is eligible. Namirial may discontinue a Service Plan at any time, and with prior notice to end user, may migrate end user’s account to a similar Service Plan that may carry a different fee. You agree to allow Namirial to charge end user’s credit card for the fees associated with a substitute Service Plan, even if those fees are higher than those end users agreed to when registered its account.

You should not add files and attachments larger than 10MB to an envelope as large files might affect signing performance.

13. Term and Cancellation of Agreement

You are entitled to use the Namirial Services and Software for the term specified in the Service Plan. You accept the fact that the agreement may be terminated and the access to the Namirial Services and Software restricted with immediate effect in case of breach of these Licensing Terms and Conditions without entitling you to claim for financial compensation. You shall cease and desist to use the program upon receipt of notice of termination of agreement.

If you wish to close your account, please visit your account settings. Upon your request, Namirial will close your account, and delete your information from our active databases. Your account will be closed as soon as reasonably possible. If you have shared content or information through our Services with other users, such content or information may still be available to those other users if they have not also deleted it or closed their accounts.

14. API

Namirial provides an API (Application Programming Interface) for integration. API usage can be limited (e.g. maximal n API calls per account per hour) depending on your subscription.

15. Trademark License of eSignAnyWhere Logo

The eSignAnywhere logo is a registered European Union Trademark nº 18172722 and International Trademark nº 1555022.

16. Miscellaneous Provisions

You accept the fact that all use of the Namirial Services and Software within the scope of these Licensing Terms and Conditions are subject to the formal and material laws of Romania and expressly exclude the Law on the Conflict of Laws and UN Law on the International Sale of Goods. Claims against Namirial are to be made at the court of jurisdiction in the district of which Namirial’s head offices are located, unless another mandatory court of jurisdiction is appointed.

You also accept the fact that claims must be based on written agreements. Namirial and you expressly and irrevocably declare that any future waiver of the requirement for written form will not be effective unless assented to in writing. For the purposes of concluding, performing and terminating your agreement with Namirial SRL the parties agree on the use of either advanced electronic signatures or digital handwritten biometric signatures as equivalent with written form.

Should any of the preceding provisions prove invalid as a whole or in part for any reason, or should any part lose its validity at a later date, the rest shall remain unaffected and valid. In this case, both parties agree to replace the invalid clause with a corresponding text, which is valid and equivalent to the intended meaning. In case of a loophole in the use of the software and utilization of services, all stakeholding parties agree to insert a text, which is valid and equivalent to the intended meaning.

Namirial SRL, Nerva Traian 3, 031041 Bucharest, Romania | Tel +40740435098 | bucharest[at]namirial.com
Company Registration: J40/14372/20.12.2012 | Share Capital: 400 RON | VAT-ID: RO30983875

Namirial SRL is a 100% subsidiary of Namirial S.p.A.- a qualified trust service provider according to EU Regulation eIDAS 910/2014

Namirial S.p.A., Via Caduti sul Lavoro n. 4, 60019 Senigallia (An), Italy | Tel +39 071 63494 | contact[at]namirial.com

Company Registration: Trade and Companies Register of Ancona and Tax Code No. 02046570426 | Economic and Administrative Index (REA) No. AN157295 | Share Capital 7.559.253,20 EUR | VAT Nr. IT02046570426

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