RIDING MOTORCYCLES AND IN GENERAL THE OTHER ACTION SPORTS ARE INTRINSICALLY HAZARDOUS AND CAN RESULT IN SERIOUS INJURY AND/OR DEATH. AGV PRODUCTS HAVE BEEN DESIGNED AND CONSTRUCTED TO OFFER HIGH COMFORT AND PERFORMANCE, AND EVEN IF THOSE WHO ENGAGE IN SPORTS ACTIVITY SHOULD ADOPT THE APPROPRIATE PROTECTION, NO PRODUCT CAN GUARANTEE COMPLETE PROTECTION AGAINST DAMAGE TO PROPERTY OR PERSONAL INJURY IN CASE OF FALL, COLLISION, IMPACT, LOSS OF CONTROL OR OTHER REASONS. ALL MOTORCYCLE RIDERS OR PRACTITIONERS OF ANY OTHER SPORT MUST BE SUITABLY AWARE OF WHAT THEY ARE DOING, THEIR OWN LIMITATIONS, AND THE EQUIPMENT THEY ARE USING, ACKNOWLEDGE ALL THE RISKS INVOLVED, AND DECIDE WHETHER SUCH RISKS SHOULD BE RUN OR NOT. AGV CANNOT ASSUME ANY LIABILITY FOR DAMAGE TO PROPERTY OR HUMAN INJURY INCURRED WHILE ITS PRODUCTS ARE BEING WORN. AGV DOES NOT PROVIDE ANY EXPLICIT OR IMPLICIT GUARANTEE OR WARRANTY REGARDING THE SUITABILITY OF ITS PRODUCTS FOR ANY PARTICULAR USE OR THE DEGREE OF PROTECTION THAT THEY ARE CAPABLE OF PROVIDING AGAINST DAMAGE TO PROPERTY OR HUMAN INJURY OR DEATH.
ANYONE USING THIS WEBSITE ALSO INCURS THE RISK THAT THE INFORMATION AND MATERIALS CONTAINED HEREIN MAY BE INCOMPLETE, INACCURATE, NOT UP-TO-DATE, OR THAT IT MAY NOT SATISFY THEIR DEMANDS AND REQUIREMENTS. AGV SPECIFICALLY REFUSES ALL LIABILITY CONNECTED WITH ANY GUARANTEE, WHETHER EXPRESSED OR IMPLICIT, AND INCLUDING – BUT NOT LIMITED TO – A GUARANTEE OF MARKETABILITY, SUITABILITY FOR A SPECIFIC PURPOSE IN RELATION TO THIS WEBSITE AND THE PRODUCTS, INFORMATION, GRAPHICS AND MATERIALS CONTAINED THEREIN. AGV MAY NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY TYPE OF DAMAGES INCLUDING – WITHOUT LIMITATIONS – SPECIFIC, INDIRECT, OCCASIONAL OR REMOTE DAMAGES, EVEN IF AGV SHOULD HAVE BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
The structure of the Website developed by AGV contains a complex of databases for the selection or arrangement of the materials that represents a creation covered by the intellectual property rights of AGV and/or the other companies who have granted rights to the latter and are therefore protected by Law No. 633 “COPYRIGHT” dated 22.04.1941.
The transmission of illegal, threatening, defamatory, obscene, pornographic material and any other material in violation of any applicable law to and storage in the Website or its databases is prohibited. The user's personal data will be processed by AGV as prescribed by Privacy Law 196/2003. AGV also applies the further minimum measures designed for the protection of client personal data against alteration, destruction, unauthorised and/or non-conforming disclosure, access, and processing. The Website can be visited without providing any personal data at all. In some cases, AGV may request users to provide personal data that are usually required only to complete registration for a service or in the context of a given transaction. Whenever a user places an order, AGV requests the name, e-mail address, mailing and invoicing addresses, telephone and telefax numbers, and other data depending on the type of payment to be used. Whenever the user decides to provide indispensable information to AGV via Internet, such as for the purpose of an exchange of information, the filling of an order with payment, or the delivery of a product, for example, AGV will provide detailed explanations on how such information will be processed. Whenever the user denies authorisation for the further use of such data, AGV agrees to respect such intention. AGV processes personal data also with the use of computerised or telematic processes suited for the memorisation, management, and transmission of such data for the following purposes: the management of site functions and/or the stipulation of contracts, the creation of reports on the transactions accomplished and the disclosure of the same to the parties involved (e.g. suppliers who offer products or services related to this Website), for purposes of information, and for the implementation of protection measures against electronic fraud regarding the transactions in progress between AGV, users and/or third parties. For such purposes, and also in order to allow AGV to fulfil its obligations prescribed by contract and law, AGV may transmit or disclose personal data to its own Information Technology managers or others working for its sub-contractors, who all agree on the basis of agreements signed with AGV to process such information exclusively in respect of the strictest conditions of privacy. In particular, whenever such data are disclosed to third parties, AGV will adopt specific procedures in order to make sure that such third parties proceed in compliance with its own privacy protection policy and every applicable law in question.
Like other companies operating on line, AGV collects and analyses certain technical information coming from the computers of users every time that they visit a Website page. Such information includes the type of browser utilised, the nation of origin, the provider of origin, the address of the latest page visited, and other technical information. AGV either processes and analyses this information directly or designates third parties for such purpose in order to monitor the type of traffic, especially in order to guarantee the Website's technical security and conduct statistical analyses on the collective behaviour and characteristics of the visitors, using such information anonymously in aggregate form to improve the Website's quality, content and functions without selling or disclosing such information to third parties. The list of parties to whom AGV communicates such information for these purposes can be requested from the AGV registered office.
The creation of links to the Website depends on the respect of the following conditions. Although a link can be established to the Website following authorisation by AGV case by case, the material contained inside cannot be copied for commercial purposes. Browser frameworks or panels around the content of the Website (framing) cannot be created. Linking, permitted by the granting of AGV authorisation, does not imply either directly or indirectly the existence of any form of authorisation or approval of the products and services provided by third parties by AGV. No relationship of any kind with AGV must be expressed or implied. No false information regarding AGV products or services must be presented. The use of the AGV logo and trademarks is prohibited without the express authorisation of AGV and its parent company DAINESE S.p.A.. The Link must not contain or lead to any material that might be considered to be in bad taste, offensive or controversial, and must be suited to vision by users of all ages. Linking must be performed always and only to the Website's Home Page and to other Website pages only after first obtaining written AGV consent. The origin of the link must not be made through the use of the AGV name, logo or any other trademark unless expressly authorised by such latter in the appropriate AGV licensing contract.
Links to websites of other companies featured in the AGV Website are provided only for the comfort of the user. Connection to such links automatically abandons the AGV Website. AGV has not checked and does not control these websites of other companies and is not responsible for the same or their content, and for such reason, AGV declines all liability for such websites and any information, software, function, product or material contained in the same together with any effect that might be created through the use of the same. Whenever a user decides to visit any of the websites of other companies featured in the AGV Website, it remains understood that the user does so at his or her own exclusive responsibility and risk.
Users are prohibited from violating or attempting to violate Website security functions through the following or other actions, such as by: (1)accessing data not destined to the user or by connecting to servers or accounts to which the user has not been granted access; (2) attempting to probe, examine or test the vulnerability of the system or a network or violating the security or authentication procedures, except when expressly authorised to do so by AGV; (3) attempting to interfere with the service offered to users, host computers or networks, such as by spreading viruses through the Website or intentionally overloading the system by transmitting massive quantities of data, etc. With the use of the Website and the acceptance of these Terms, the user agrees to refrain from using any device, software, instrument, agent or mechanism (including browsers, spiders, robots, avatars or artificial intelligence agents) other than the browsers and search engines available in the Website itself and the web browsers commonly used (e.g. Netscape Navigator, Microsoft Explorer, Opera) to visit or interact with the Website.
The Website's content and functions offered by the latter are supplied as are and under no circumstances will AGV or any other company mentioned in the AGV Website or accessed through links provided in the latter be liable to anyone for any reason whatsoever for damages caused by the use or the impossibility to use the Website or any of its links and any of the material and information contained in the same - including implicit copyrights or guarantees of suitability for particular usage - or in regard to the interruption of commercial activity or damage to corporate image. The user also agrees that the processing and transmission of data in the context of the services provided may require the use of other networks and systems, and that for such reason AGV might be required to modify such services for compliance or adaptation to the technical specifications and connection standards of its own networks or their connection programs and equipment. In this sense, the user agrees to allow AGV to modify the general rules of use for such services in any moment whatsoever at its own inalienable discretion without giving rise to any grounds to claims for indemnification of any kind.
Informative note on rights to privacy. In accordance with Privacy Law 196/2003, Art. 13
We wish to inform you that your personal data that we have acquired or are currently in the process of acquiring will be processed in complete respect of the law and the rights granted to you as the party directly involved.
A) Such processing will involve the following operations: the collection by telephonic, telematic or written means from public registers, lists of public acts and documents, and/or public and/or private databases (supplied by commercial information companies), the recording, organisation, conservation and processing using paper, magnetic, automated or telematic support systems, the processing of data collected by third parties, the modification, selection, extraction, comparison, use, and inter-connection also to data supplied by other parties on the basis of recurring qualitative, quantitative and temporal criteria, or others to be defined case by case, the temporary processing for the purpose of the rapid grouping or transformation of such data, the adoption of decisions in automated and/or discretionary form, the creation of profiles and informative notes, the communication, cancellation and destruction of data or, in other words, the combination of two or more of the above-mentioned operations.
B) In addition to the communication of your personal data to third parties in execution of the obligations prescribed by law or derived from EU regulations or other directives, we may also release such data to specific appointees in our admin., marketing, sales, aftersales and complaints departments and -even abroad - to the following parties: 1) banks and credit institutes for the purpose of making payments; 2) insurance companies for the purpose of stipulating coverage during shipping; 3) credit recovery, insurance and/or credit granting companies; 4) commercial information companies; 5) consultants and professionals; 6) individual professionals and professional studios (legal and business experts, statutory auditors, etc.); 7) independent auditors; 8) other companies, agencies and/or individual persons who perform activities useful for the support or execution of the contracts or services that you have requested (e.g. commercial correspondence and mailing companies, shippers and handlers, sub-suppliers, commercial information management companies, web space management companies for the filing of data). In their role as the handlers of these data pursuant to the sense and effect of Privacy Law 196/2003 Art. 28, such parties will proceed with the processing and communication of such data in turn in complete autonomy.
C) Your personal data will be processed and communicated for the following purposes: 1) the satisfaction of pre-contractual needs (e.g. instructions for offers or your orders, checks into solvency); 2) the fulfilment of contractual (linked to the supply or purchase of goods and/or services) and legal obligations (e.g. for purposes of accounting, taxation, administration, and liquidity positions); 4) the management of clients and suppliers; 5) the management of credit and risk control (fraud, insolvency, etc.); 6) the management of disputes and granting of credit); 7) financial services instrumental in the management of clients/suppliers and management of electronic payment instruments; 8) insurance services required for the management of clients/suppliers. Our in-house appointees, as indicated above, may also handle said data for purposes of 9) profiling 10) loyalty 11) sending out newsletters and other promotional and commercial materials.
D) You are required to provide your personal data only for the purposes specified in the above-mentioned paragraph C), points 1 to 8 and therefore your prior consent for the processing of data for such purposes is not necessary. For the processes aimed at fulfilling the purposes indicated in points 9, 10 and 11, consent is not obligatory, but failure to give consent will prevent us from pursuing the activities implicated in fulfilling the purposes envisaged therein. In particular, we wish to inform you that the process aimed at fulfilling purpose 11 will also implicate the minimum activities of profiling and loyalty strictly necessary to specifically fulfil your request to receive newsletters and promotional and advertising materials of specific and/or exclusive interest to you. Such data will be processed for the entire duration of the contractual relationship stipulated and subsequently for the duration required for our fulfilment of our legal obligations and for the conservation of your company profile for the rationalisation of our selection of clients and/or suppliers. Although you have the right to freely deny consent, such failure to provide the data requested will render the execution of the contractual relationship in force impossible.
E) The handler of your personal data is AGV S.p.A., with registered office in Via dell'Artigianato, 35 - 36060 MOLVENA (VI). The person responsible for the process is Moreno Businaro, the company’s managing director pro-tempore. Please contact the handler for any request regarding your exercise of the rights specified in Articles 7, 8 and 9 of Privacy Law 196/2003 below.
F) As regards your personal data, you are in any case entitled to the exercise of the following rights prescribed by Privacy Law 196/2003: Art. 7 Section 1 (...): to obtain the confirmation of the existence or inexistence of your personal data even if not yet recorded, together with the communication of such data in intelligible form; Section 2 (...):to also obtain indication of a) the origin of such personal data; b) the purposes and methods to be used for such processing; c) the logic applied in the case of electronic data processing; d) the identification data of the processing handler and managers of such processing, the parties or categories of party to which such data may be communicated or who might come to acquire knowledge of the same in their role as designated national territory representative and the latter's managers or operatives. Section 3 (...):to obtain a) the updating, correction or - if you so desire - the integration of such data; b) the cancellation, the transformation into anonymous form or freezing of such data processed as prescribed by law, including such data for which conservation is not required with regard to the purposes for which it was originally collected or subsequently processed; c) certification that the operations mentioned in paragraphs a) and b) have been communicated or distributed - also with regard to their content - except in the case in which such obligation proves to be impossible or requires the use of means manifestly incommensurate with the right subject to protection; Section 4 (...): to totally or partially oppose a) on legitimate grounds, the processing of your personal data even if pertinent to the purpose of collection; b) the processing of your personal data for the purposes of the transmission of advertising material, direct sales, or the performance of market research or commercial communication (Note: in our processing of your personal data collected for the purposes indicated in above-mentioned Section 4 of Art. 7, we will request your prior and express written consent solicited by means of the appropriate Informative note). Art. 8 Section 1 (...): the rights mentioned in Art. 7 can be exercised through an informal request submitted to the handler of such data or party appointed for the same also by means of a representative provided with suitable power of attorney without delay. Section 2 (...): the rights mentioned in Art. 7, whenever data of objective nature is not involved - can also be exercised by representative unless the correction or integration of evaluative personal data regarding subjective judgements, opinions or other assessments are involved, together with the indication of conduct to be respected or decisions currently being made by the personal data handler. Art. 9 Section 1 (...): the request submitted to the processing handler or delegated party responsible for processing can be transmitted a) also by means of registered letter, telefax or e-mail, b) whenever pertinent to the exercise of the rights mentioned in Article 7 Sections 1 and 2, even orally, and in such case summarised in written form by the processing handler or delegated party responsible for processing. Paragraph 2 (...): in exercising the above rights, the data subject may grant a written delegation or written power of attorney to natural persons, entities, associations or organisations. The data subject may also be assisted by a person of his trust. Paragraph 3 (...): the rights pursuant to Art. 7 in relation to personal data concerning deceased persons may be exercised by those with a personal interest in such or acting to protect the data subject or for family reasons worthy of protection. Paragraph 5 (...): the request pursuant to Art. 7, paragraphs 1 and 2 can be renewed by the data subject, without prejudice to where there are justified grounds, with an interval of at least ninety days.