This agreement is valid since 01 July 2019.
GDPR - PRIVACY TERMS
Information pursuant to art. 13 of the Regulation (EU) n. 2016/679 ("GDPR")
Lost Watches protects the confidentiality of personal data and guarantees them the necessary protection from any event that could put them at risk of infringement.
As required by European Union Regulation no. 2016/679 ("GDPR"), and in particular to art. 13, here below is provided to the user ("Interested party") the information required by the law concerning the processing of his personal data.
SECTION I
What data we treat (Article 13, paragraph 1 letter a, Article 15, letter b GDPR)
Lost Watches operates as data controller and can be contacted at privacy@lostwatches.net and collects and/or receives information regarding the interested party, such as:
a) Category of data: personal data
Exemplification of the type of data: name, surname, physical address, nationality, province and / or city of residence, landline and / or mobile, fax, fiscal code, e-mail address
b) Category of data: telematic traffic data
Exemplification of data typology: log, IP address of origin
Lost Watches does not require the interested party to provide "c.d. Special" data, or, according to the provisions of the GDPR (art. 9), personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, data biometrics intended to uniquely identify an individual, data relating to health or sex life or sexual orientation of the person. In the event that the service requested of Lost Watches required the processing of such data, the interested party will receive a specific notice in advance and will be required to provide appropriate consent.
The Data Protection Officer (Data Protection Officer -DPO) can be contacted for any information and request from the interested party to the email address privacy@lostwatches.net.
SECTION II
For what purposes we need the data of the interested party (art. 13, 1st paragraph GDPR)
The data are used by Lost Watches to process the registration request and the contract for the supply of the chosen Service and/or the Product purchased, manage and execute the requests for contact forwarded by the interested party, provide assistance, fulfill legal obligations and regulations to which Lost Watches is held based on the activity performed. Under no circumstances will Lost Watches resell the personal data of the interested party to third parties nor use them for undeclared purposes.
In particular, the data of the interested party will be processed for:
a)
the registration and the requests for contact and/or information material
The processing of the personal data of the interested party takes place in order to carry out the preliminary activities and consequent to the request for registration, to the management of requests for information and contact and / or sending of informative material, as well as for the fulfillment of any other obligation arising. The legal basis of these treatments is the performance of the services inherent to the application for registration, information and contact and / or sending of informative material and compliance with legal obligations.
b)
management of the contractual relationship
The processing of personal data of the Interested party takes place in order to carry out the preliminary activities and consequent to the purchase of a Service and / or a Product, the management of the relative order, the supply of the Service itself and / or the production and / or the shipment of the purchased Product, the relative invoicing and payment management, the handling of complaints and / or reports to the assistance service and the provision of assistance, fraud prevention and the fulfillment of any other obligation deriving from from the contract.
The legal basis of these treatments is the performance of the services relating to the contractual relationship and compliance with legal obligations.
c)
promotional activities on Services / Products similar to those purchased by the interested party (Recital 47 GDPR)
The data controller, even without your explicit consent, may use the contact details provided by the interested party, for the purpose of direct sales of their Services / Products, limited to the case in which they are Services / Products similar to those covered by the sale, unless the interested party explicitly opposes it.
d)
commercial promotion activities on Services / Products other than those purchased by the interested party
The personal data of the interested party may also be processed for commercial promotion purposes, for surveys and market research with regards to Services / Products that Lost Watches offers only if the Interested party has authorized the processing and does not object to this.
This processing can be done in an automated way, with the following methods:
e-mail;
SMS;
telephone contact
and can be done:
1) if the interested party has not revoked his consent for the use of the data;
2) if, in the event that the processing is carried out through contact with a telephone operator, the interested party is not registered in the register of oppositions as per D.P.R. n. 178/2010;
The legal basis of these treatments is the consent given by the interested party prior to the treatment itself, which can be revoked freely by the interested party at any time (see Section III).
e)
computer security
Lost Watches, in line with the provisions of Recital 49 of the GDPR, treats, even through its suppliers (third parties and / or recipients), the personal data of the interested party related to the traffic to a strictly necessary and proportionate extent to ensure the safety of the networks and information, namely the ability of a network or information system to withstand, at a given security level, unforeseen events or unlawful or malicious acts that compromise availability, authenticity, or integrity and confidentiality of personal data stored or transmitted.
Lost Watches will promptly inform the Interested Parties, if there is a particular risk of violation of their data without prejudice to the obligations deriving from the provisions of art. 33 of the GDPR concerning notifications of personal data breach.
The legal basis of these treatments is compliance with legal obligations and the legitimate interest of Lost Watches to carry out treatments pertaining to the purpose of protecting the corporate assets and the security of their offices and systems.
f)
profiling
The personal data of the interested party may also be processed for profiling purposes (such as analysis of the data transmitted and the chosen Services / Products, propose advertising messages and / or commercial proposals in line with the choices made by the users themselves) exclusively in the event that the interested party has provided explicit and informed consent. The legal basis of these treatments is the consent given by the interested party prior to the treatment itself, which can be revoked by the interested party freely and at any time (see Section III).
g)
fraud prevention (recital 47 and article 22 GDPR)
- the personal data of the interested party, with the exception of particular data (Art 9 GDPR) or judicial data (Art 10 GDPR) will be processed to allow checks with the purpose of monitoring and preventing fraudulent payments, by software systems that perform a check in automated and preliminary way to the negotiation of Services / Products;
- overcoming these checks with a negative result will make it impossible to carry out the transaction; the interested party may in any case express his / her own opinion, obtain an explanation or contest the decision motivating his / her reasons to the Customer Assistance service or to the contact privacy@lostwatches.net;
- the personal data collected for anti-fraud purposes only, unlike the data necessary for the correct performance of the requested service, will be immediately canceled at the end of the control phases.
h)
the protection of minors
The Services / Products offered by the Data Controller are reserved to subjects legally able, on the basis of the national legislation of reference, to conclude contractual obligations.
Lost Watches, in order to prevent illegitimate access to its services, implements preventive measures to protect its legitimate interest, such as checking documents and / or other checks, when necessary for specific Services / Products, the correctness of the identification data identity documents issued by the competent authorities.
Communication to third parties and categories of recipients (art. 13, 1st paragraph GDPR)
The communication of the personal data of the interested party takes place mainly towards third parties and / or recipients whose activity is necessary for the performance of the activities pertaining to the relationship established and to respond to certain legal obligations, such as (written as "Categories of recipients: Purpose"):
Lost Watches: Administrative, accounting and contractual fulfillment obligations.
Third party suppliers: Provision of services (assistance, maintenance, delivery / delivery of products, provision of additional services, providers of electronic communications networks and services) connected to the requested service.
Credit and payment institutions, banking institution: Management of receipts, payments, reimbursements related to the contractual service.
External professionals / consultants and consulting companies: Fulfillment of legal obligations, exercise of rights, protection of contractual rights, recovery of credit.
Financial administration, public bodies, judicial authorities, supervisory and control authorities: Fulfillment of legal obligations, defense of rights; lists and registers kept by public Authorities or similar bodies based on specific legislation, in relation to the contractual service.
Subjects formally delegated or with a recognized legal title: Legal representatives, curators, guardians, etc.
* Lost Watches requires third-party suppliers and Data Processors to comply with security measures equal to those applied to the interested party by restricting the scope of action of the Data Supervisor to processing related to the requested service.
The legal basis of these treatments is the performance of the services inherent in the relationship established, compliance with legal obligations and the legitimate interest of Lost Watches to carry out treatments necessary for these purposes.
SECTION III
What happens if the interested party does not provide his identified data as necessary for the performance of the requested service? (Article 13, 2nd paragraph, lett. And GDPR)
The collection and processing of personal data is necessary to process the requested services as well as to provide the Service and / or supply the requested Product. If the interested party does not provide the personal data expressly provided for as necessary within the order form or the registration form, Lost Watches will not be able to process the treatments related to the management of the requested services and / or the contract and the Services / Products connected to it, nor to the obligations that depend on them.
What happens if the interested party does not consent to the processing of personal data for commercial promotion activities on services / products other than those purchased?
In the event that the interested party does not give his consent to the processing of personal data for these purposes, said processing will not take place for the same purposes, without this having effects on the provision of the services requested, nor for those for which he already has given his consent, if requested.
In the event that the interested party has consented and should subsequently revoke it or oppose the processing for commercial promotion activities, your data will no longer be processed for such activities, without this involving consequences or effects detrimental to the Data Subject and to the services required.
How we treat the data of the interested party (art. 32 GDPR)
Lost Watches provides for the use of adequate security measures in order to preserve the confidentiality, integrity and availability of personal data of the interested party and imposes similar security measures on third-party suppliers and Managers.
Where we process the data of the interested party
The personal data of the interested party are stored in computerized and telematic archives located in countries where the GDPR (EU countries) is applied.
How long is the data of the interested party stored? (Article 13, 2nd paragraph, letter a GDPR)
Unless they explicitly express their will to remove them, the personal data of the interested party will be kept until they are necessary with respect to the legitimate purposes for which they were collected.
In particular, they will be kept for the entire duration of their registration, unless the consent given is revoked.
In the case of data provided to Lost Watches for the purposes of commercial promotion for services other than those already acquired by the interested party, for which he initially gave consent, these will be kept unless the consent given is revoked.
In the case of data provided to Lost Watches for the purpose of profiling, these will be stored, unless the consent given is always revoked.
It should also be added that, in the event that a user submits unsolicited or unnecessary personal data to Lost Watches for the purpose of performing the requested service or for the provision of a service closely connected to it, Lost Watches cannot be considered the owner of these data, and will cancel them as soon as possible.
Regardless of the determination of the interested party to remove them, personal data will in any case be kept in accordance with the terms established by current legislation and / or national regulations, for the exclusive purpose of guaranteeing the specific requirements of certain services.
In addition, personal data will in any case be kept for the fulfillment of obligations (eg tax and accounting) which remain even after the termination of the contract (Article 2220 of the Civil Code); for these purposes, Lost Watches will only keep the data necessary for its pursuit.
The cases in which the rights deriving from the contract and / or the registry registration are asserted, in which case the personal data of the interested party, exclusively those necessary for such purposes, will be treated for the time necessary to the their pursuit.
What are the rights of the interested party? (articles 15 - 20 GDPR)
The interested party has the right to obtain from the data controller the following:
a) confirmation that personal data concerning him is being processed and in this case, to obtain access to personal data and the following information:
1) the purposes of the processing;
2) the categories of personal data in question;
3) the recipients or categories of recipients to whom the personal data have been or will be communicated, in particular if they are recipients of third countries or international organizations;
4) when possible, the period of storage of personal data provided or, if this is not possible, the criteria used to determine this period;
5) the existence of the data subject's right to request the data controller to rectify or delete personal data or limit the processing of personal data concerning him or to oppose their processing;
6) the right to lodge a complaint with a supervisory authority;
7) if the data are not collected from the interested party, all available information on their origin;
8) the existence of an automated decision-making process, including profiling, and, at least in such cases, significant information on the logic used, as well as the importance and expected consequences of this treatment for the data subject.
9) the appropriate guarantees provided by the third country (outside the EU) or an international organization to protect any data transferred
b) the right to obtain a copy of the personal data subject to processing, provided that this right does not infringe the rights and freedoms of others; In the event of further copies requested by the interested party, the data controller may charge a reasonable fee based on administrative costs.
d) the right to obtain from the data controller the cancellation of personal data concerning him without unjustified delay, if the reasons provided by the GDPR to the art. 17, among which, for example, in the event that they are no longer necessary for the purposes of the processing or if this is assumed to be illegal, and always if the conditions established by law exist; and in any case if the treatment is not justified by another equally legitimate reason;
e) the right to obtain the treatment limitation from the data controller, in the cases provided for in art. 18 of the GDPR, for example where you have disputed the accuracy, for the period necessary for Lost Watches to verify its accuracy. The interested party must be informed, in due time, even when the suspension period has been completed or the reason for the limitation of the processing has ceased, and therefore the limitation itself revoked;
f) the right to obtain communication from the holder of the recipients to whom requests for corrections or cancellations or limitations of processing have been transmitted, unless this proves impossible or involves a disproportionate effort.
g) the right to receive in a structured format, commonly used and readable by an automatic device, the personal data concerning him and the right to transmit such data to another data controller without hindrance by the data controller to whom he supplied them , in the cases provided for by art. 20 of the GDPR, and the right to obtain direct transmission of personal data from one data controller to another, if technically feasible.
For any further information and in any case to send your request, you must contact Lost Watches at privacy@lostwatches.net. In order to ensure that the aforementioned rights are exercised by the interested party and not by unauthorized third parties, Lost Watches may request the same to provide any additional information necessary for the purpose.
How and when can the interested party object to the processing of their personal data? (Art. 21 GDPR)
For reasons related to the particular situation of the interested party, the same may object at any time to the processing of his personal data if it is based on legitimate interest or if it occurs for commercial promotion activities, sending the request to Lost Watches at privacy@lostwatches.net.
The interested party has the right to the deletion of their personal data if there is no legitimate prevailing reason for Lost Watches compared to the one that gave rise to the request, and in any case in the event that the interested party objected to the processing for commercial promotion activities .
Who can the complainant propose? (Art. 15 GDPR)
Without prejudice to any other administrative or judicial action, the interested party may submit a complaint to the competent control authority in the Italian territory (Guarantor Authority for the protection of personal data) or to the one that carries out its tasks and exercises its powers in the Member State where the violation of the GDPR occurred.
Any update of this Information will be communicated promptly and by appropriate means and also if Lost Watches will process the data of the Interested Party for further purposes than those referred to in this Information Notice before proceeding and following the manifestation of the relative consent of the Interested if necessary.
SECTION IV
In this Section, the interested party is provided with specific information relating to the processing of his personal data for each of the Services listed below, in addition to those reported in the previous Sections.
LOSTWATCHES.NET SERVICES
Communication to third parties and categories of recipients
As part of the provision of services, personal data, for purposes strictly related to the provision of the service, will be communicated to third parties that could be located in countries where the GDPR is not applied. This happens if an object is searched and found by a user residing in a non-EU country.
The legal basis of these treatments is the performance of the services inherent in the relationship established, compliance with legal and regulatory obligations and the legitimate interest of Lost Watches to carry out treatments necessary for these purposes.
NEWSLETTER TERMS AND CONDITIONS
By subscribing to Lost Watches, you agree to receive email from us. The aim of our newletter service is to keep our customers and visitors updated about new releases or new information about our company. The subscription to our newsletter service is mandatory.
1) Frequency
The frequency of the newletter issues will be at most 2 (two) per week.
2) Limited Liability
We reserve the sole right to either modify or discontinue the newletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice . We will do so with any subscriber we deem registered with fake data.
3) Double opt-in
We require all subscribers to confirm their email address upon registration. You will therefor receive a message with a link you'll have to click in order to confirm the email address.
4) Privacy policy
We will not communicate / spread / publish or otherwise give away your address. You'll be able to change your subscription settings or to delete it alltogether anytime by sending us an email at info@lostwatches.net.
COOKIES
Cookies, web beacons and similar technologies ("Information on user cookies").
The information on user cookies is effective from 01 July 2019.
The User Cookie Policy specifies all information on the use of cookies, web beacons and similar technologies in relation to the Lost Watches sites, applications, services, products and tools (hereinafter "Services") and options by you choices about it. This Notice on user cookies must be read in conjunction with the Privacy Policy for users and information relating to cookies and similar technologies. This User Cookie Policy is valid regardless of how you access and use the Services, including access via mobile devices and apps.
1. Information on the technologies we use
Your use of our Services includes the presence of cookies and similar technologies adopted by Lost Watches and authorized third-party suppliers. We use cookies and similar technologies that are not saved on your device or that are saved on your device only as long as the browser is active (eg session cookies). We also use cookies and similar technologies that are stored on your device for a longer period (eg persistent cookies).
The cookies and similar technologies we use have various functions:
• They can be technically necessary tools to provide you with our Services
• They help us to improve our Services technically (for example with the monitoring of error messages and loading times)
• They help us improve your user experience
2. Further information
Regarding the use of technologies related to advertising or personalization, we inform you that we do not use cookies and similar technologies for marketing purposes.
3. Technologies that are necessary from an operational point of view, related to performance or functionality
If you wish to disable the use of any cookies - including cookies required from an operational point of view, related to performance or functionality - that we use in connection with the provision of our Services, you can do so from the browser or device settings, if such operation is supported by your browser or device. Settings must be made separately for each browser used.
Please note that if you disable cookies and similar technologies (eg the "stay connected" function), it is possible that some Lost Watches services are no longer available. You may also need to enter the password more frequently during browser sessions.
TERMS AND CONDITIONS OF WATCH SEARCH
between Lost Watch service indicated as "Lost Watches" and the user indicated as "the Client".
1) The Client can submit searches for watches in order to check whether they are registered as lost or stolen on the Lost Watches database.
2) The Client must provide accurate research information.
3) The Client accepts that not all stolen or lost watches are reported and registered on the Lost Watches database or any other database.
4) The Client accepts that all the search results provided, does not exclude the need to check the authenticity of the watch and any other credentials of the seller, the legitimate ownership and the legitimate origin of the watch.
5) The Client will see the result of the search directly on the app and will receive a summary via e-mail and/or via SMS: any result represent the status of the watch (reported or not) at the time that the search is submitted.
6) The Client accepts that the status of any watch may change in future and it is therefore advisable to request a search at the point of every transaction.
7) In the even of a match with the database (watch reported), the e-mail address and the telephone number of the author of the report will be communicated to the Client who carried out the search. The Client will be warmly invited to contact the author of the report and to provide him information on the location of his watch and any other information useful for his recovery. The Client will make best attempt to hold the watch if it is in their possession and will co-operate fully with the Police, if required. Such co-operation may require the Client to disclose the identity of the person offering the watch to them, together with any contact details for them. The Client should not endanger himself or any other person, in holding a watch.
8) The Client must not provide confidential is confidential information to any third party except law enforcement agencies, insurance companies, theft victims and their representatives.
9) The documents provided by the Client are reviewed by Lost Watches and approved if the watch have been reported to law enforcements. Lost Watches cannot guarantee the truthfulness and accuracy of documents sent by customers who have reported missing or stolen watches. Lost Watches will not be liable to the Client without any exceptions.
10) This Agreement is governed by Italian law.
The parties agree that if they cannot amicably resolve any dispute arising out of or in connection with this Agreement they will attempt a resolution through mediation prior to any proceedings being issued. The parties agree that the Italy courts will have exclusive jurisdiction to hear any such proceedings in the event that the dispute cannot be resolved amicably or through mediation.
TERMS AND CONDITIONS OF REGISTRATION
1. THIS AGREEMENT
a) Agreement to these Terms and Conditions (the “Agreement”) represents the entire agreement between “Lost Watches” and you (“the Client”) (together “the Parties”).
b) This Agreement supersedes all prior oral or written agreements, arrangements or understandings between the Parties.
c) The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Lost Watches which is not set out in this Agreement.
2. INTERPRETATION
a) In this Agreement:
i) use of the singular includes the plural (and vice versa) and reference to any gender includes all genders;
ii) reference to any law or statute includes a reference to that law or statute as from time to time amended and to any orders, statutory instruments or regulations made under that law or statute;
iii) reference to writing or written includes emails.
b) Headings to clauses contained in this Agreement are inserted for convenience only and they do not form part of or affect the interpretation of this Agreement.
3. DEFINITIONS
a) “Database” means the computerised register of missing or stolen items maintained by Lost Watches;
b) “Object” means any stolen, lost or looted property, any item the subject of a lien or other security interest in the Client’s favour, or any item in which the Client has a contingent interest subject to a dispute;
c) “Registration Fee” means the relevant fee for registration currently advertised on Lost Watches website.
4. THE SERVICES WE OFFER
4.1 THE REGISTRATION SERVICE
a) Lost Watches agrees to register Objects on the Database on behalf of the Client (the “Registration”). Other than this Registration, no warranties, promises or undertakings are being made to the Client through this Agreement.
b) Lost Watches at all times has the right to determine whether an Object qualifies to be included or maintained in the Database and has the right to delete any records without any notification to The Client. Lost Watches will not be required to give any reason for its decision.
c) All Objects will be searched against the Database prior to Registration, and in the event that an Object matches an item already on the Database the Client confirms that it will cooperate with the law enforcements and the author of the report in securing the return of the Object to its rightful owner, and if currently holding the Object which is a match for one already on the Database, the Client will continue to hold it and will not release it to a third party.
d) Should Lost Watches request further information from the Client that in its sole opinion it considers necessary to complete the Registration, and the Client fails to provide the requested information within 14 days thereafter, or within such other timescale as may be set by Lost Watches, Lost Watches may decline to complete the Registration.
e) Should Lost Watches need to undertake additional research and/or incur additional costs in order to complete a Registration, Lost Watches reserves the right to make additional charges which shall be payable by the Client within 14 days of the date of the relevant Lost Watches invoice. No such charges shall be incurred without the prior consent of the Client.
f) Note that the Database is consulted or searched in response to appropriate enquiries from, amongst others, the Client and other clients, insurance companies, law enforcement agencies, private citizens, traders, etc.
g) The Client recognises that Lost Watches has contractual obligations to, and may be paid by, any party who consults, searches or registers items on the Database.
h) In the event that any search of the Database reveals a match with an Object registered by the Client, Lost Watches will promptly notify the Client of this match.
i) The Client recognises that there may be occasions when, due to instructions from law enforcement agencies or malfunctions of internal or external online services, Lost Watches will be obliged to delay or avoid notifying the Client and no liability will fall on Lost Watches for such late notification.
j) Lost Watches reserves the right to refuse service, terminate accounts, or remove or edit content, at its sole discretion.
4.2 THE RECOVERY SERVICE
a) The Client accept that Lost Watches dismisses any liability to recover the registered Objects (the "Recovery"), but to give the Client informations useful to locating an Object. The services to be provided by Lost Watches do not include liaison with police or other law enforcement agencies, liaison with third parties, investigation or research, the facilitation of mediation, the prevention of a sale which is unauthorised by The Client, and the identification or location of other Objects in respect of which The Client has suffered loss or theft.
b) In the event that The Client does not have full title to a Recovery, he will use their best endeavours to obtain the agreement to the Recovery Process of any other parties with an interest; including, but not limited to, any insurer.
c) Lost Watches is not required to keep the Client informed of progress by telephone, e-mail, or post.
d) Lost Watches may advise law enforcement agencies, any relevant insurer and any other parties with an interest in, or that Lost Watches believes ought to be notified of, the Recovery process.
e) Lost Watches can not take other steps to effect the recovery of an Object in any case.
f) The Client is required to promptly delete from the reports in the event that the Object the subject of this Agreement has been recovered and/or delivered to the rightful owner.
5. LOST WATCHES SERVICES
Lost Watches warrants to the Client that the services provided for under this Agreement will be provided using reasonable care and skill.
6. LIMITATION OF LIABILITY – The Client’s attention is specifically drawn to this clause
a) Nothing in this agreement limits or excludes Lost Watches' liability for:
i) death or personal injury caused by its negligence;
ii) fraud or fraudulent misrepresentation; or
iii) any liability which cannot be limited or excluded by applicable law.
b) Subject to clause 6. a):
i) Lost Watches shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; and
ii) Lost Watches total liability to the Client in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed EUR 100,00 (One Hundred Euro).
c) This clause 6 shall survive any termination of this Agreement.
7. CONFIDENTIALITY
a) Lost Watches will keep confidential all the information provided by the Client, unless the Client specifically permits disclosure.
b) It is, however, understood and agreed that Lost Watches may from time to time be under a legal obligation to disclose information in the course of its operation. In particular the Client acknowledges the right of Lost Watches to search its Database and in the event of a match to an Object to notify not only the Client but also any insurer of the item, loss adjuster, law enforcement agencies or any other party that in its absolute discretion Lost Watches considers should be notified.
c) The restrictions herein contained shall not apply to any information which is in, or comes into, the public domain (otherwise than in consequence of a breach by the party to whom the information was disclosed); or can be demonstrated to have been lawfully in the other party’s possession prior to disclosure; or is required to be disclosed by a legally enforceable request from a competent law enforcement authority or Order from a competent court of law.
d) The Client agrees that no information provided by Lost Watches to the Client will be released to any third party without the prior written consent of Lost Watches, which shall not be unreasonably withheld or delayed.
8. WARRANTIES BY THE CLIENT
a) By registering an Object the Client warrants:
i) the accuracy and completeness of any information supplied to Lost Watches;
ii) to fully, accurately and promptly disclose any information which may be relevant to the Object’s ownership and location, to its recovery and disposition, any issues relating to tax or export licenses pertaining to the Object, any third party interests in the Object, or any other information which may be relevant to the legitimate owner or assist in its recovery of the Object;
iii) to cooperate fully with Lost Watches in order to ensure the accuracy of the Database;
iv) that it has a registrable interest in the Objects;
v) that where an Object is the subject of an insurance policy all relevant details of cover and the identity of the insurer have been provided.
b) In the event that the Client becomes aware of the recovery of an Object that has been registered as lost or stolen, the Client warrants that it will update immediately their watchs status from their Lost Watches personal area.
c) The Client warrants that Lost Watches has permission to reproduce any Object whether by photograph or by illustration (including by electronic means) and the Client warrants that it will indemnify Lost Watches against all claims arising from an infringement or alleged infringement of copyright, which are made by any party in connection with Lost Watches' use of any photograph or illustration of an Object in the conduct of its business.
d) The Client warrants that no information provided by Lost Watches to the Client will be released to any third party without the prior written consent of Lost Watches, such consent shall not be unreasonably withheld or delayed.
9. INDEMNITY
The Client agrees to indemnify Lost Watches from any claim, loss or expense (including reasonable legal fees in defending any such claim) whatsoever and howsoever arising out of or relating to:
a) the use of information contained in the Database by a third party, where such information has been made available to that third party by the Client, unless prior written consent to such disclosure has been provided by Lost Watches; and
b) any use by the Client of the Registration, or reference to Lost Watches or the Registration, in dealings with a third party which leads to Lost Watches being drawn into a dispute.
10. NO AGENCY OR PARTNERSHIP
Nothing in this Agreement shall be deemed to constitute either party the agent of the other nor shall this Agreement create a partnership between the parties.
11. TERMINATION OF THE AGREEMENT
a) The Client may terminate this Agreement by no less than sixty (60) days written notice to Lost Watches (“Termination Notice”)
b) Termination Notice may not be served at any time by the Client in relation to an Object once the Client has been informed that the Object has been located, or that information has been received that might lead to its Recovery.
c) The termination of this Agreement will not result in the removal from the Database of the fact of the loss which is recorded in the Registration.
d) Once Termination Notice has been served the Client will become liable to pay an administration and management fee of EUR 50,00 per year, or part year, since Registration in relation to each Object registered to cover the costs incurred up to the date of termination in maintaining the Registration on the Database. Termination will not be effective until this fee has been paid.
e) In the event that any Object is located following the termination of this Agreement Lost Watches will be under no obligation to provide the Location of the Object to the Client.
f) Without limiting its other rights and remedies, Lost Watches reserves the right to terminate this Agreement without prior notice to the Client, but will notify the Client of its decision to terminate.
g) Clauses of this Agreement which expressly or by implication survive termination shall continue in full force and effect following any termination.
12. PUBLICITY
The Parties will consult with each other and other relevant third parties, including any relevant law enforcement agency, in relation to any public statement to be made in relation to Objects or Recoveries covered by this Agreement.
13. NOTICES
a) Any notice given under this Agreement must be in writing and sent either by:
i) electronic mail, or by hand, in which case such notice shall be treated as being received on the day it is delivered unless delivery occurs after the normal working hours of the recipient, in which case delivery shall be treated as having occurred on the next working day; or
ii) registered post in which case such notice shall be treated as being received 2 working days after the date of posting.
b) The address of each party for the service of notices shall be as set out in this Agreement (unless or until that address is changed by notice given under this clause).
14. SEVERABILITY
a) If any provision or part provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
b) If one party gives notice to the other of the possibility that any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
15. WAIVER
a) A waiver of any right under this Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
b) No indulgence or extension of time which Lost Watches may grant to the Client will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Lost Watches in terms hereof, save in the event or to the extent that Lost Watches has signed a written document expressly waiving or limiting such rights.
16. FORCE MAJEURE
Neither party shall be liable in damages nor have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
17. THIRD PARTIES
A person who is not a party to the Agreement shall not have any rights to enforce its terms.
18. CONFLICT
Where any conflict or contradiction appears between the provisions of this Agreement and any other relevant terms and conditions, policies or notices, the terms of this Agreement shall prevail.
19. PROPER LAW AND JURISDICTION FOR DISPUTES
a) The construction, validity and performance of this Agreement shall be governed by the laws of Italian law.
b) Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, which cannot amicably be resolved shall be referred to and resolved by arbitration under the Arbitration Regulations of the Arbitration Chamber of Milan, Italy, which Rules are deemed to be incorporated by reference into this clause.
c) In any such arbitration the number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Milan, Italy. The language to be used in the arbitration proceedings shall be Italian.