TERMS OF USE


BVLGARI VAULT App for IOS and Android Smartphones and Tablets provides a convenient, easy to use and highly secure encrypted storage for all your valuable digital assets (passwords, PINs, credit & loyalty cards, documents, photos and more) - safely ENCRYPTED on your device. BVLGARI VAULT's easy to use interface allows you to store your web sites, usernames and passwords quickly and securely on your device, and quickly log on to web sites. Bvlgari Vault features authorization using the best practices on multi-factor or authentication by a combination of fingerprint, face recognition, dot pattern and password options.

PLEASE READ THESE BVLGARI VAULT APP TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING YOUR BVLGARI VAULT APP OR DOWNLOADING ANY SOFTWARE UPDATE ACCOMPANYING THE BVLGARI VAULT APP. BY USING YOUR BVLGARI VAULT APP OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT USE THE BVLGARI VAULT APP OR DOWNLOAD ANY RELATED UPDATE. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THIS AGREEMENT, TO CREATE OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS BETWEEN YOU AND WISEKEY SA WITH RESPECT TO THIS AGREEMENT, AS FURTHER DETAILED IN SECTION 5.4.

A: CLIENT'S ACKNOWLEDGEMENT AND USE OF BVLGARI TRADEMARK AND DESIGN

1. The user of the BVLGARI VAULT ("Client" or "you") acknowledges that: (i) the BVLGARI VAULT has been developed and is operated and offered to customers by WiseKey SA ("WISeKey") and not by Bulgari S.p.A. ("Bulgari"); (ii) information on BVLGARI VAULT in any marketing or sales materials is provided by WISeKey which shall be solely responsible for its accuracy; (iii) Client has no right to use or interest in the BVLGARI trademarks; (iv) there is no involvement of Bulgari in the development and sale of the BVLGARI VAULT other than merely the licensing of the BVLGARI trademark by Bulgari; (v) there is no involvement of Bulgari in the issuance, maintenance and functioning of the digital certificate(s) released in connection with the BVLGARI VAULT nor in the storage and safekeeping of Client’s data encrypted and stored through the BVLGARI VAULT; and (vi) there is no joint venture, partnership or other formal business entity or fiduciary relationship between Bulgari and WISeKey nor agency relationship and neither Bulgari or WISeKey have the authority to bind or obligate the other in any manner.

2. RELEASE: TO THE MAXIMUM EXTENT ALLOWED BY LAW, CLIENT UNCONDITIONALLY WAIVES AND RELEASES, BULGARI, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS FROM AND AGAINST ANY LIABILITY WITH RESPECT TO ANY REPRESENTATIONS OR DEFECTS, FAILURE TO PERFORM, ABSENCE OF STATED QUALITIES, MALFUNCTIONING OF THE BVLGARI VAULT, LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST BUSINESS AND LOSS OF GOODWILL), COSTS FOR SUBSTITUTE SERVICES, ILLEGAL ACCESSING, COPYING OR USING OF CLIENT'S DATA AND/OR ANY CLAIM WHATSOEVER, RELATING TO THE SALE BY WISEKEY AND THE PURCHASE BY CLIENT OF THE BVLGARI VAULT. YOU HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY AND IRREVOCABLY WAIVE THE BENEFITS OF ANY APPLICABLE LAW OR STATUTE WHICH MAY AFFECT YOUR ABILITY TO WAIVE AND/OR RELEASE YOUR RIGHTS AS SET FORTH HEREIN, WHETHER KNOWN OR UNKNOWN BY YOU AT THE TIME OF WAIVER. IF CLIENT IS A CALIFORNIA RESIDENT, CLIENT HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY AND IRREVOCABLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR SIMILAR STATUTE OF SUCH OTHER JURISDICTION OF RESIDENCY) WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

3. Client further acknowledges that the licensing of the BVLGARI trademark by Bulgari and the right of WISeKey to use the esthetic layout and graphical contents of the BVLGARI VAULT, may be revoked and the relevant license agreements may be terminated at any time in accordance with the terms provided in the license agreement executed between Bulgari and WISeKey. In such event, all use of the BVLGARI trademarks and esthetic layout of the BVLGARI VAULT shall cease and WISeKey has contractually agreed with BVLGARI to: (i) publish an update of the BVLGARI VAULT so as to enable users who have downloaded the BVLGARI VAULT to revert to the WiseID Application using the WiseID name and layout, having the same content and functionality of the BVLGARI VAULT which WISeKey shall maintain available providing the relevant service without disruption up to expiration of the then current terms agreed upon with Client, (ii) send to all Clients a written communication to inform them that they are required to download the relevant update of the BVLGARI VAULT with a new layout. In this regard, Client acknowledges and agrees that: (i) it shall have no recourse against Bulgari in the event that the BVLGARI VAULT should revert to the WiseID name and layout or other lay out different from the BVLGARI VAULT layout and (ii) all use of the BVLGARI trademarks must cease in accordance with the foregoing.


THE FOREGOING DISCLAIMERS, THE LIMITATION OF LIABILITY PROVISIONS, AND THE RELEASE WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF BVLGARI VAULT.

B: BVLGARI VAULT TERMS OF SERVICE

1. Definitions

1.1 BVLGARI VAULT and Services respectively mean the BVLGARI VAULT App developed and licensed by WISeKey and available through the App Store and Google Play Store or other online stores and any services related to the BVLGARI VAULT produced and provided directly by WISeKey (such as but not limited to the BVLGARI VAULT cloud data storage services, hereinafter defined as the "Cloud Service"), excluding any products and services produced by third parties, even if provided by WISeKey to the Client. The Terms of Use apply to the BVLGARI VALUT App and to all Services. To the extent WISeKey provides you with any updates or upgrades to the BVLGARI VAULT App and/or the Services, such updates and upgrades shall be deemed to constitute part of the BVLGARI VAULT App and shall be subject to all terms and provisions set forth in this Terms of Use. WISeKey may provide mandatory updates to the BVLGARI VAULT App with or without notice to you to ensure the continued performance, security and stability of the BVLGARI VAULT App.

2. BVLGARI VAULT App

To use the BVLGARI VAULT and the Services, you must download the BVLGARI VAULT App, register through the same App, set up an account with us and pay the relevant fee as may be applicable. A complete description of the registration process and the BVLGARI VAULT instructions and features are available at http://www.bulgarivault.com .

Subject to the terms and conditions of these Terms of Use and any other instructions as made available by WiseKey via the BVLGARI VAULT App, Client is granted a personal, limited, non-exclusive, non-transferable, and revocable license to download and use the BVLGARI VAULT and the Services that may be made available by WISeKey for any devices owned or controlled by the Client enabled for the use of the BVLGARI VAULT.

BVLGARI VAULT IS BEING PROVIDED TO CLIENT ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY WISEKEY, BULGARI AND THE PROTECTED ENTITIES (AS DEFINED BELOW) TO THE FULLEST EXTENT PERMITTED BY LAW.

CLIENT'S USE OF THE BVLGARI VAULT, INCLUDING ANY SERVICES, MATERIALS, DATA, PASSWORDS OR OTHER INFORMATION SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED BY OR THROUGH THE BVLGARI VAULT (COLLECTIVELY, THE "MATERIALS"), IS AT CLIENT'S SOLE RISK. BVLGARI VAULT IS NEITHER DESIGNED NOR INTENDED TO BE USED AS A DISASTER RECOVERY FACILITY. CLIENT SHOULD NOT RELY ON THE BVLGARI VAULT FOR STORAGE OF THE MATERIALS CLIENT PROVIDES. CLIENT SHOULD KEEP ITS OWN BACKUP COPIES OF ALL MATERIALS THAT IT MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH BVLGARI VAULT.

3. WISeKey's Undertaking

WISeKey will provide the BVLGARI VAULT and the Services in accordance with these Terms of Use. Any Services provided by WISeKey shall be undertaken in accordance with professional standards of care taking into consideration the specific circumstances and the limitations of the environment in which they are provided and of the resources made available by the Client to provide them.

4. Intellectual Property Rights

4.1 Client acknowledges that WISeKey, and/or its vendors and licensors (such as Bulgari), retain all intellectual property rights and title (including any patent, copyright, trademark and other rights) in and to all of their respective trademarks, tradenames, confidential information, trade secrets or other proprietary information, products, and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, comprising, embodied in, or practiced in connection with the BVLGARI VAULT or Services provided by WISeKey hereunder (all of the foregoing "Works"), including without limitation all modifications, enhancements, configurations, upgrades, and interfaces to the WISeKey designated hardware and software supporting such Services. WISeKey and its vendors and licensors, as applicable, reserve and retain all intellectual property rights and title associated with Works created by WISeKey and its vendors and licensors and derivatives of such Works, including without limitation all Works or derivatives developed or created by WISeKey, and/or its vendors and licensors, as applicable, or their personnel or contractors during the course of performing the Services for, or providing the BVLGARI VAULT and the Services to, Client. Any software provided by WISeKey, including its operation, code, architecture and implementation, as well as the look and feel of the BVLGARI VAULT, are the valuable intellectual property of WISeKey, and/or its vendors and licensors, as applicable. Any such software and look and feel of the BVLGARI VAULT is protected by Swiss Copyright laws and/or the laws of other countries and international treaty provisions.

4.2 The Client shall only exercise intellectual property rights explicitly granted to it under these Terms of Use or under any third party products or services agreements or licenses consented to and required for the purposes of these Terms of Use.

5. Client Obligations

5.1 Payment: by subscribing to the Cloud Service, WISeKey will automatically charge on a recurring basis the payment method associated with your Account. You are responsible for the timely payment of all fees and for providing a valid credit card or payment account details for payment of all fees as applicable. If WISeKey is unable to successfully charge your credit card or payment account for fees due, WISeKey reserves the right (at its sole discretion), upon a prior payment warning, to revoke or restrict access to your content stored through the Cloud Service and after one further warning, to delete your stored content or terminate your cloud data storage service. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account section. The total price for the Cloud Service will include the price of the Service plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service .

5.2 Regulatory Compliance: Client shall, wherever applicable, comply with all relevant regulations and obtain at its own expense any pertinent licenses or permits required for the use of the BVLGARI VAULT and Services, including, but not limited to those concerning digital certification services, the use of secure communications systems, secure messaging systems, the heightened legal recognition of digital signatures and digital certificates, as well as those required for the importation, exportation, re-importation, re-exportation, and use of any restricted products required (e.g. cryptographic or dual use products). WISeKey shall under no circumstances be liable for the illegal or unauthorised use of the BVLGARI VAULT and Services or for any rejections or delays in the attainment of permits, licenses or regulatory compliance in any manner required for the provision of the BVLGARI VAULT and Services. The Client agrees to use the BVLGARI VAULT and the Services in compliance with all applicable laws, including local laws of the country or region in which the Client resides or in which it downloads or uses the BVLGARI VAULT and Services. A Wi-Fi or cellular data connection is required for some features of the BVLGARI VAULT and Services. WISeKey shall under no circumstances be liable for consequences of the poor quality or lack of such connection.

5.3 Parallel Contracts: As part of and as a requirement for the provision of the BVLGARI VAULT and Services, Client may be required to sign or otherwise contractually agree with WISeKey or third parties' specific contracts, policies and/or terms of use, including but not limited to, terms of use and/or privacy policies of the Apple Store or Google Play Store and the Privacy Policy relating to the BVLGARI VAULT App (as set out in section 16 below). Client shall use its best reasonable endeavours to sign or otherwise contractually agree to such contracts in a manner that does not impede or in any way obstruct the timely provision of the BVLGARI VAULT and Services

5.4 5.4 Client's Records: It is Client's responsibility to provide WISeKey with true, accurate and complete email address, contact and other information related to these Terms of Use and the Client's Accounts (as hereinafter defined) and to maintain and update promptly any changes in this information. Client can update information (such as the email address) through support@wisekey.com .

CLIENT EXPRESSLY ACKNOWLEDGES THAT THE EMAIL ADDRESS PROVIDED AT THE MOMENT OF ITS REGISTRATION WILL BE USED BY WISEKEY FOR ALL NOTIFICATIONS RELATED TO THE BVLGARI VAULT AND SERVICES (INCLUDING BUT NOT LIMITED TO SECURITY ISSUES ARISING FROM ILLEGAL ATTEMPTS TO ACCESS THE MATERIALS) AND IT IS CLIENT'S RESPONSIBILITY TO KEEP IT UPDATED AT ALL TIMES AND CHECK IT REGULARLY. WISEKEY IS NOT IN ANY WAY RESPONSIBLE FOR CONSEQUENCES OF OUTDATED CLIENT'S RECORDS SUCH AS DELAYED OR MISSING EMAIL.

5.5 Devices and Accounts: Use of the BVLGARI VAULT and of the Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The Client will be responsible for any damage to such devices. As a registered user of the BVLGARI VAULT and the Services, Client will establish an account ("Account"). Client shall not reveal its Account information to anyone else. Client is solely responsible for maintaining the confidentiality and security of his/her Account and for all activities that occur on or through the Account, and Client agrees to immediately notify WISeKey of any security breach of the Account. Neither WISeKey or Bulgari, nor their respective Protected Entities (as defined in Section 6 below) shall be responsible for any losses arising out of the unauthorized use of Client's Account. You may add any number of devices to your Account as described in http://www.bulgarivault.com.

5.6 Client's Content: To the extent that Client uploads any content through the use of the Services, Client represents that it owns all rights in, or has authorization or is otherwise legally permitted to upload, such content and that such content does not violate any third party's intellectual property rights or these Terms of Use. Client agrees that the Services contain proprietary content, information and material that is owned by WISeKey and/or WISeKey licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Client agrees not to use the Services or such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of these Terms of Use or that infringes any intellectual property rights of WISeKey, Bulgari or any third party. No portion of the Services may be reproduced in any form or by any means. Client will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the BULGARI VAULT. Client agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and shall not exploit the Services in any unauthorized way whatsoever. Client further agrees that WISeKey and/or any of its licensors, are not in any way responsible for any such use by Client.

6. Indemnification and Release

Indemnification: CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WISEKEY, BULGARI AND THEIR RESPECTIVE AFFILIATED COMPANIES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (INDIVIDUALLY, A "PROTECTED ENTITY" AND COLLECTIVELY, THE "PROTECTED ENTITIES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING IN ANY WAY FROM CLIENT'S USE OF BVLGARI VAULT OR THE SERVICES, OR CLIENT'S BREACH OR VIOLATION OF LAW, ANY RIGHTS OF THIRD PARTIES OR OF THESE TERMS OF USE. NOTWITHSTANDING THE FOREGOING, WISEKEY, BULGARI AND THE PROTECTED ENTITIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY CLIENT, AND IN SUCH CASE, CLIENT AGREES TO COOPERATE WITH THEIR DEFENSE OF SUCH CLAIM.

THE INDEMNIFICATION OBLIGATIONS CONTAINED HEREIN, WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR CLIENT'S USE OF BVLGARI VAULT OR THE SERVICES.

6.1 Release: TO THE MAXIMUM EXTENT ALLOWED BY LAW, CLIENT UNCONDITIONALLY WAIVES AND RELEASES WISEKEY, BULGARI, AND EACH PROTECTED ENTITY FROM AND AGAINST ANY LIABILITY WITH RESPECT TO ANY REPRESENTATIONS OR DEFECTS, FAILURE TO PERFORM, ABSENCE OF STATED QUALITIES, MALFUNCTIONING OF THE BVLGARI VAULT, LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST BUSINESS AND LOSS OF GOODWILL), COSTS FOR SUBSTITUTE SERVICES, ILLEGAL ACCESSING, COPYING OR USING OF CLIENT'S DATA AND/OR ANY CLAIM WHATSOEVER, RELATING TO THE SALE BY WISEKEY AND THE PURCHASE BY CLIENT OF THE BVLGARI VAULT. YOU HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY AND IRREVOCABLY WAIVE THE BENEFITS OF ANY APPLICABLE LAW OR STATUTE WHICH MAY AFFECT YOUR ABILITY TO WAIVE AND/OR RELEASE YOUR RIGHTS AS SET FORTH HEREIN, WHETHER KNOWN OR UNKNOWN BY YOU AT THE TIME OF WAIVER. IF CLIENT IS A CALIFORNIA RESIDENT, CLIENT HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY AND IRREVOCABLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR SIMILAR STATUTE OF SUCH OTHER JURISDICTION OF RESIDENCY) WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

7. BVLGARI VAULT and Services Availability

Features of the BVLGARI VAULT and Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from the Client's service provider.

If for any reason, WISeKey no longer provides the BVLGARI VAULT and/or one or more of the Services, WISeKey may, at its sole and absolute discretion i) procure for the Client the right to continue using the BVLGARI VAULT and/or Service; ii) replace the BVLGARI VAULT and/or Service with a version of equivalent function and performance; or iii) cease to provide the BVLGARI VAULT and/or Service to the Client at the end of the corresponding contract period of twelve (12) months from the subscription date for each Service . WISeKey and Bulgari will not be responsible in any way should the BVLGARI VAULT and/or one or more of the Services cease to be available.

8. Third Party Products and Services

WISEKEY MAKES NO WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY GOODS, SERVICES OR SOFTWARE NOT PRODUCED BY WISEKEY BUT REFERRED THROUGH WISEKEY OR PROVIDED BY THIRD PARTIES FOR THE PURPOSES OF COMPLIANCE WITH THESE TERMS OF USE OR OTHERWISE. Any use of third party software provided in connection with the BVLGARI VAULT or Services will be governed by such third parties' licenses and not by these Terms of Use. The BVLGARI VAULT may contain links to websites which operate under different terms of use or privacy policies. If you decide to access any linked site, you do so entirely at your own risk. It is your responsibility to review the privacy policy and terms of use of any website you visit.

9. Limitation of Liability

CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USE OF ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE BVLGARI VAULT IS AT CLIENT'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CLIENT.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL WISEKEY, BULGARI OR ANY OF THE PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, BVLGARI VAULT OR ANY RELATED SERVICES, THE PRODUCTS OR SERVICES AVAILABLE VIA THE USE OF BVLGARI VAULT, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, LOSS OF BUSINESS OR LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF ANY OF THE FOREGOING ENTITIES OR INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF WISEKEY, BULGARI AND THE PROTECTED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE USE OF BVLGARI VAULT OR SERVICES OR ANY PRODUCT ORDERED VIA THE BVLGARI VAULT EXCEED, IN THE AGGREGATE, THE GREATER OF CHF 200 OR THE AMOUNT PAID BY CLIENT FOR BVLGARI VAULT AND/OR THE SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WISEKEY, BULGARI, NOR ANY PROTECTED ENTITY, MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT:

a) BVLGARI VAULT WILL MEET CLIENT REQUIREMENTS OR WILL BE COMPATIBLE WITH CLIENT'S MOBILE DEVICE, TABLET, OR COMPUTER;
b) BVLGARI VAULT WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
c) THE QUALITY OF ANY GOODS, SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY OR THROUGH BVLGARI VAULT WILL MEET CLIENT EXPECTATIONS; OR
d) BVLGARI VAULT WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS.

WISEKEY AND BULGARI AND EACH PROTECTED ENTITY DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH HEREIN, WISEKEY, BULGARI AND THE PROTECTED ENTITIES DO NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND CLIENT AGREES TO LOOK SOLELY TO AGREEMENTS IT MAY HAVE WITH ITS ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO CLIENT'S SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.

CERTAIN STATE OR COUNTRY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO CLIENT, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO CLIENT, AND CLIENT MAY ALSO HAVE ADDITIONAL RIGHTS. THE LIMITATION OF LIABILITY, DISCLAIMERS AND RELEASE PROVISIONS CONTAINED HEREIN WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR CLIENT'S USE OF THE BVLGARI VAULT.

10. Risks of Using Online Software

Depending on your device, the BVLGARI VAULT offers you several levels of security, which can be combined, to access and use the BVLGARI VAULT (password, fingerprint recognition, facial recognition and four-point gesture connection). While all such levels of security are secure fields you may want to combine more of them to strengthen the overall level of security as explained in http://www.bulgarivault.com.

Notwithstanding the above, you acknowledge that all online services carry some level of risk. Due to the inherent nature of the Internet as an open global communications vehicle among other things, WISeKey cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Client acknowledges that technology is in continuing evolution and even the most advanced, reputable, public and private system of data storage have proved to be vulnerable to successful hacker attacks. While WISeKey has taken reasonable efforts to reduce the likelihood of risks associated with the use of WISeKey's Services, the risks are nonetheless real and very important to understand. It is very important that Client considers these risks each time it plans to use such Services, and acts in such a fashion as to mitigate the potential of any of these risks and, in view of the foregoing, WISEKEY DOES NOT REPRESENT THAT THE BVLGARI VAULT AND THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WISEKEY AND BULGARI AND EACH PROTECTED ENTITY DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. For more information on security levels, technology features, security measures, risks connected to cyber services and instructions for use please visit http://www.bulgarivault.com

11. Notice

All notices, demands or other communications under these Terms of Use must be given or made in writing and must be delivered personally, sent by fax, electronic mail, or by registered postal mail to:
WISeKey SA 29, route de Pré-Bois Case postale 853 CH-1215 Geneva 15 Switzerland Fax: +41 22 594 30 01 Email: contracts@wisekey.ch

12. Applicable Law

These Terms of Use shall be governed and interpreted in accordance with the laws of Switzerland and the parties consent to the exclusive jurisdiction of the courts of the Canton of Geneva. IT IS UNDERSTOOD AND ACKNOWLEDGED BY THE CLIENT THAT WISEKEY'S PROVISION OF PRODUCTS OR SERVICES UNDER SWISS LAW IN A JURISDICTION OTHER THAN SWITZERLAND SHALL NOT BE DEEMED AN ACCEPTANCE BY WISEKEY OF THE APPLICABILITY OF THE LAW OF SUCH FOREIGN JURISDICTION OR TO ITS COURTS. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

13. Severability

If any section, sentence, clause or phrase of these Terms of Use should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of these Terms of Use. In the event that any part of these Terms of Use are held to be invalid by a court of competent jurisdiction, WISeKey reserves the right to reform such provisions to permit enforceability with maximum effect to the original intent as permitted by law. WISeKey reserves the right to amend, repeal, add, replace, modify these Terms of Use or terminate these Terms of Use at any time. All amendments to these Terms of Use will be notified to Clients by email and/or through the BVLGARI VAULT's updates]. Client hereby agrees that such amendments will be deemed accepted by Client and effective seven (7) days after such email was sent [or upon download of an update containing new Terms of Use.

14. Withdrawal and Termination

14.1 Withdrawal from the Cloud Service. Client may cancel its subscription to the Cloud Service within 14 days following its initial purchase, for any reason and with no justification, by informing WISeKey at support@wisekey.com by using the following withdrawal form template:

"To WISeKey SA 29, route de Pré-Bois Case postale 853 CH-1215 Geneva 15 Switzerland

I hereby give notice that I withdraw from my contract of sale for the provision of the BVLGARI VAULT Cloud Data Storage Service provided by WISeKey, subscribed on [INSERT DATE],

Name of Client,
Address of Client,
Signature of Client (only if this form is notified on paper),
Date"

We will reimburse you no later than 14 days from the day on which we receive your cancellation notice as above.

14.2 Termination by Client.. Client may terminate these Terms of Use (and as a consequence, the BVLGARI VAULT and the Services) at any time by ceasing to access the BVLGARI VAULT and/ deleting the BVLGARI VAULT from your devices. Upon the termination of these Terms of Use, Client shall cease all use of the BVLGARI VAULT and Services. Any fees paid by you prior to your termination are nonrefundable, including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges. Client's Acknowledgement and Use of BVLGARI Trademark and Design under Section A as well as of Sections B 2, 4.1, 5, 6, 7, 9, 10, 12, 13, 14 and 16 of these Terms of Use as well as all other obligations and provisions which by their nature should survive the termination of these Terms of Use for any reason, shall survive any such termination.

14.3 Termination by WISeKey. Your rights under these Terms of Use will terminate automatically or otherwise cease to be effective without notice from WISeKey if you fail to comply with any term(s) of these Terms of Use. WISEeKey may, in its sole discretion upon prior notice via email to the address associated with your Account, change, suspend, or terminate, temporarily or permanently, the Services or any part of it at any time, for any reason. In addition, WISEeKey may terminate your Account if (a) your Account has been inactive for 30 days; or (b) you have failed to download an update of the BVLGARI VAULT after 30 days following notification to you that such update had been issued. Any such termination or suspension shall be made by WISEeKey in its sole discretion and WISEeKey will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services, though it will refund pro rata any pre-paid fees or amounts. UPON TERMINATION OF THE CLOUD SERVICE YOU WILL LOSE ALL ACCESS TO THE CLOUD SERVICE AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO YOUR CONTENT STORED THROUGH THE CLOUD SERVICE. IN ADDITION, AFTER 30 DAYS WISEKEY WILL DELETE INFORMATION AND DATA STORED IN OR AS A PART OF YOUR ACCOUNT.

15. Assignment

The parties hereby agree that these Terms of Use may be assigned by WISeKey to a third party, provided appropriate notification is given by WISeKey to Client of such assignment.

16. Privacy

The BVLGARI VAULT App requires some personal information from you and information relating to your devices in order to offer the full experience. You can find more information on the data collected, used or shared as part of your use of the BVLGARI VAULT App by reading our Privacy policy at https://www.bulgarivault.com/privacy-policy that forms integral part of these Terms of Use.

Show more (+)

Agree

PRIVACY POLICY


BULGARI VAULT REGISTRATION INFORMATION NOTICE Information notice on processing of personal data pursuant to the Italian Data Protection Code - Legislative Decree No. 196 of 30 June 2003 (the "DPC") and to the Swiss Federal Act on Data Protection Act (the "FADP")


WISeKey S.A. and Bulgari S.p.A. (hereinafter also: the "data controllers") gives the following information in relation to your personal data collection and use.


1. Purposes of the processing.

Personal data such as those necessary to the production of a public key certificate, for the verification of a digital signature, for the validation of a certificate's status as well as to positively identify a data subject (e.g. name, surname, email address, country of residency ) are collected and processed by WISeKey S.A. for the following purposes:
a) Proving an individual's identity before a digital certificate is issued to them, subsequent registration of users in order to benefit of the services provided on the Bvlgari Vault
b) Managing administrative and legal operations
Information about race, ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sexual orientation will not be collected and personality profiles (as defined in FADP) will not be established except when specifically required to satisfy the requirements of of local legislation.
Personal data (e.g. name, surname, email address, country of residency, ) are collected and processed by Wisekey S.A. on Bulgari's behalf and in accordance with the Italian and Swiss applicable data protection laws and pursuant Bulgari S.p.A.'s instructions and recommendation for the following purposes:
c) Creating profiles and analyze the consumption choices of the customers, also using data on retail purchases made at Bulgari stores worldwide.
This processing is carried out in compliance with the guarantees and measures set forth by the Italian Data Protection Authority by the decision of acceptance of the request for prior checking submitted by Bulgari S.p.A. of April 24, 2013.
d) to provide personalized sales services at Bulgari stores worldwide, for example, but not limited to: personal shopping services, support services free of charge, courtesy services and to offer our customers products BVLGARI by sending of advertising material, newsletters, promotional communications also customized and for carrying out market research using automated contact means (e-mail, fax) as well as traditional contact means (paper mail, operator-assisted phone calls).

2. Provision of data

The provision of data to the purposes referred to in paragraph 1 letters a) and b) is voluntary but shall be mandatory, in case of refusal by a customer WISeKey S.A. will not be able to process your registration to the app and to provide you with the requested goods and services.
The provision of data to the purposes referred to in paragraph 1 letters c) and d) is optional and the use of the data is subject to specific approval by the customer. Any refusal to provide data however will not allow Bulgari S.p.A. to pursue the purposes described above.
It is a data subject's responsibility to ensure that any information they provide to WISeKey S.A. is accurate. If this information subsequently changes, it is the data subject's obligation to inform it promptly. If the data subject becomes aware of any inaccuracies in the personal data held about them, it is its responsibility to advise the entity that processed its personal data.

3. Methods of the processing

Personal data will be processed using electronic or automated systems, computer and internet, or by manual logic processing strictly related to the purposes for which the personal data have been anyhow collected, in order to ensure, in each case, the security of the same.
Personal data processed for the purposes referred to in paragraph 1 letters a) and b), will reside and be stored in Switzerland in a system managed by WISeKey S.A. and third parties contractors of same.
Personal data processed for the purposes referred to in paragraph 1 letters c) and d) will reside and stored in Italy in the CRM system managed by Bulgari S.p.A. and third parties contractors of same.

4. Data entry in the CRM system

The inclusion of personal data in the CRM system is optional and occurs only in the event of release of the data subject's consent to the pursuit of one of the purposes referred to in paragraph 1 letters c) and d).
The inclusion of personal data processed for the purposes referred to in paragraph 1 letters c) and d) in the CRM system will automatically result in the visibility, as well as the possibility of modification and updating of the same, by Bulgari's employees worldwide on a "need to know" basis.

5. Scope of communication, dissemination of data

The processing of personal data is carried out by internal staff of WISeKey S.A. and Bulgari S.p.A. for that purpose appointed, from time to time, as persons in charge of the processing or data processors.
Personal data collection can be handled by third parties, external data processors, namely by:
- Parent companies, subsidiary or associated with Bulgari S.p.A. in Italy and/or worldwide that manage the sales channels for the pursuit by such companies of the purposes referred to in paragraph 1 letters c) and d) on behalf of Bulgari S.p.A.;
- Companies performing services for mailing of the newsletter, advertising material or promotional communications on behalf of Bulgari S.p.A.;
- Companies doing customer care services on behalf of WISeKey S.A.;
- Companies doing analysis and market research on behalf of Bulgari S.p.A.;
- Companies that perform maintenance services of IT systems on behalf of WISeKey S.A. and of Bulgari S.p.A.
Personal data collected may also be disclosed by the data controllers to third parties, namely to:
- Individuals, companies, associations or professional firms that carry out assistance and advisory services (lawyers, accountants, auditors).
Personal data will never be disseminated.
Any cross-border data transfer (which also includes remote access from a foreign country) to a country without an adequate level of data protection is prohibited, unless there is a sufficient safeguard, in particular a contractual clause such as the EU-Model Clauses, ensuring an adequate level of data protection in the country where the importing company is located and the data subject has been previously informed about the transfer or the transfer could be inferred by the circumstances.

6.Data retention and storage

Personal data shall be retained only for the period required by applicable law or needed for one of the purposes for which it is retained as authorized pursuant to applicable law, whichever is longer.
This being said, personal data collected for the purposes of paragraph 1 letters a) and b) will be stored by WISeKey S.A. for a period of 7 years from the certificate expiry date to provide evidence in the event of a challenge on the validity of a certificate or a digital signature. Such period may be extended with regard to specific records and information upon request by the data subject of special archiving services. In all cases, the records may be archived in paper or electronic form. Personal data collected for the purposes referred to in paragraph 1 letters c) and d) will be stored by Bulgari S.p.A. until the data subject revokes the consent to the processing of data. Data relating to the details of purchases processed for profiling and marketing purposes, can be retained for 10 years in accordance with the decision of the Italian Data Protection Authority of 24 April 2013, or if earlier until the data subject revokes the consent to the processing of data. After the expiration of the retention period Personal data will be automatically deleted or made anonymous permanently.

7. Rights of the data subject

Data subject is entitled to exercise the rights referred to in Article 8 of FADP and in article 7 of DPC (both detailed below), requesting, inter alia, written information at any time on the processing of and the content of the collected personal data by Bulgari S.p.A., addressing a specific request to Bulgari S.p.A. - Data processor, Lungotevere Marzio 11 00186 Roma (RM), or by sending an e-mail to: --privacy@bulgari.com>.
With the same modalities, the data subject may oppose, in whole or in part, without affecting the lawfulness of processing based on consent before its withdrawal, without economic charge and on legitimate grounds, to the processing of his/her personal data or oppose to their processing when performed through automated contact means (e-mail, fax) and require correction or deletion of the collected personal data.

ARTICLE 8 of the FADP

(Right to information)
1. Any person may request information from the controller of a data file as to whether data concerning them is being processed.
2. The controller of a data file must notify the data subject of:
a. all available data concerning the subject in the data file, including the available information on the source of the data;
b. the purpose of and if applicable the legal basis for the processing as well as the categories of the personal data processed, the other parties involved with the file and the data recipient.
3. The controller of a data file may arrange for data on the health of the data subject to be communicated by a doctor designated by the subject.
4. If the controller of a data file has personal data processed by a third party, the controller remains under an obligation to provide information. The third party is under an obligation to provide information if he does not disclose the identity of the controller or if the controller is not domiciled in Switzerland.
5. The information must normally be provided in writing, in the form of a printout or a photocopy, and is free of charge. The Federal Council regulates exceptions.
6. No one may waive the right to information in advance.

ARTICLE 7 of the DPC

(Right to Access Personal Data and Other Rights)
2. A data subject shall have the right to be informed:
a) of the source of the personal data;
b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;
d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2);
e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State's territory, data processor(s) or person(s) in charge of the processing.
A data subject shall have the right to obtain
a) Updating, rectification or, where interested therein, integration of the data;
b) Erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part,
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

8. Data controllers

The data controllers are:
- WISeKey S.A. - World Trade Center II, 29 route de Pré – Bois, Case postale 853, 1215 Geneva 15, Switzerland. for the purposes described in paragraph 1 letters a) and b).
- Bulgari S.p.A. - Via dei Condotti, 11 - 00186 Rome (RM) – Italy for the purposes described in paragraph 1 letters c) and d).

9. Data processors

The data processors are:
- the CENTRAL F&A SUPPORT Director so appointed by Bulgari S.p.A.
- the CENTRAL CUSTOMER SUPPORT manager appointed by WISeKey S.A.

Agree

By clicking on the Create Account button, you are agreeing to our Terms of Use and Privacy Policy

Create Account