Privacy Policy

Terms and Conditions of the mobile app PARCO VESUVIO

The following General Terms and condictions of use define the rules of use for the mobile app Parco del Vesuvio (hereinafter App) developed by GEMATICA SRL (with registered office in Naples, at Via Diocleziano 107, registered with the Chamber of Commerce of NAPLES, REA NA – 715704, VAT number 04816581211) on behalf of the Vesuvius National Park Authority, via Palazzo del Principe 80044, Ottaviano (Na) –

  1. ACCESS AND FINANCIAL CONDITIONS.

1.1 The App Parco Vesuvio, developed and supplied by GEMATICA can be downloaded for free by the User (physical person adult or minor who has previously had permission from their parents or the person exercising parental authority) through the Apple “App Store” and Google “Play Store” on his/her own device iOS or Android for a strictly personal use and non-commercial use.

1.2 To access the service the User will have to own a customer account on a virtual store “App Store” or “Google play store”. The App is intended exclusively for personal usage. To use the app the User need to sign in and create an account. The account data will be managed directly by Apple or Google; Gematica won’t acquire any User  information  and Gematica not will collect or store personal data.

1.3 Once downloaded the App, the User will be able to access to: i) all the necessary instructions to reach the Park; ii) the instructions related to the 11 paths in the Park; iii) the news regarding the Park; iv) the local weather conditions in real time; v) credits; vi) these Terms and Conditions of use.

2. – REGISTRATION AND REGISTRATION EFFECTS.

2.1 In order to access the interactive feature of the Park, the User will have to register an account.

The installation and/or use of the App for which the User registers, implies the unreserved acceptance and/or conditions of these General Terms and Conditions of Use. If the User does not agree or does not intend to accept the Terms and Conditions of these General and Use Conditions for accessing or using the App and the services, the same User must not register. Non-acceptance does not allow the use of the App. Any visit and/or use of the App must be made in compliance with these terms and conditions. GEMATICA reserves the right to modify these Terms and Conditions at any time, unless accepted by the User, these Terms and Conditions in order to adapt them to the technical developments of the services, or to the addition of new features.

2.2 During registration, the User must provide the following mandatory information:

  1. Name
  2. Email address
  3. Password
  4. Age range indication

The data relating to the name, email address and password provided during registration and useful for authentication, email validation and password reset will be stored in the Firebase database (privacy  disclaimer: https://firebase.google.com/support/privacy) to let the registered Users manage their email address, last access indication and related activities. Under no circumstances Firebase will provide Gematica with the User Password. If the registered User wants to proceed with the cancellation or wants to modify  his/her data he/she will have to send an email to support@gematica.com (informativa privacy: https://gematica.com/en/parco-vesuvio-privacy-policy/).

The email address will be saved in the Gematica database and it can be used accordingly to the provisions of art. 4 of these Terms and Conditions of use.

During registration, the User can provide the following optional information:

  1. surname;
  2. phone number
  3. Interests (Excursions, cycle tourism, gastronomy, etc.).

After registration and/or authentication the User will be able to improve the experience in the Vesuvius National Park while visiting it: i) through information and detailed information about the itineraries in the Park, with description of the path, altitude, length of the route, timing of the chosen itinerary, and multimedia content; ii) augmented reality will allow the User to view dynamic content in real time on the screen by framing three specific points delimited by a well-defined frame (framing the panorama of the Gulf of Naples from a specific point, the User will be able to see the names of the visible islands); iii) access promotional preview of the additional features.

The User may also receive, when he leaves the defined path, a notification that warns him of the danger and invites him to follow the directions to return to the correct trail.

3. FURTHER OPTIONAL PERMITS AND ADDITIONAL FUNCTIONALITY.

To the User may be asked further optional permissions whose refusal will allow the User to use only the features described in the art. 2.2 of these Terms and Conditions of Use:

  1. permission to receive notifications from the application
  2. permission to access the device’s camera
  3. permission to access the GPS location of the device

The data provided will be processed in accordance with the privacy policy of the Vesuvius National Park Authority (https://www.parconazionaledelvesuvio.it/privacy-policy/).
The User will be able to: i) be constantly informed on the main events, news and updates related to the activities of the institution; ii) with the camera by scanning the QR code at the entrance to the Park, receive information and audio/video/images/text within the application; iii)  activate the interactive map of route 5 using a symbolic, virtual and navigable digital vision of the surrounding environment with multimedia indications based on its position within the route and make a “Safe” visit of route 5 through notifications of off-course, fall alarms, alarms from the Park authorities; iv) use the interactive mode of the application by choosing a navigation profile.

4.MANAGEMENT OF DATA COLLECTED DURING REGISTRATION.

Personal data and other information provided by the User during registration will be used only in accordance with the privacy legislation, in compliance with the provisions of EU Regulation 2016/679 (so-called GDPR) and the Italian legislation on the subject. (Legislative Decree No. 196/2003). By downloading the App, User consent to the use of such information by Gematica, in accordance with the privacy legislation. User data will be processed by Gematica only for statistical purposes and they will never be transferred by Gematica to third parties, except for statistical purposes. Furthermore, in consideration of the registration, Gematica does not acquire any personal data, i.e. any data that directly or indirectly allows the identification of the User and that can provide information on his characteristics, habits, lifestyle, personal relationships, state of health, economic situation, etc.

Gematica only acquires data relating to the device (the unique universal identifier, the brand, the version number of the APP, the telephone operator, the country of origin, the identification number, the model, the manufacturer, the serial number, the name of the Operating System and the version). Gematica acquires information regarding the “Behavior of the User using the App” anonymously (the number of clicks on each news, the number of clicks on each initiative promoted by the Organization, the number of clicks on the link to purchase tickets related to the initiatives promoted, the number of shares of news on social networks, the time spent in the different sections of the app, the time spent on each news, the time spent in the app).

5. GEOLOCALIZATION

The APP Parco Vesuvio, allows to view the trails covered by the User to reach the Park and, by collecting the GPS coordinates, provides the geolocation of the device. In this way it acquires the position of the device which cannot be associated with the person. The data collected in this way is not personal data and is not processed to collect information on the User’s habits. As per all data provided by the User, the geolocation of the device will also be processed and possibly submitted exclusively for statistical purposes.

6. TICKETS PURCHASE

The APP Parco Vesuvio allows the User to purchase the tickets for the initiatives promoted by the institution Parco Vesuvio. The User will see all the information of the initiatives indicated on the App and, through the link, the User will be able to purchase a ticket directly on the VIVATICKET portal (privacy disclaimer VIVATICKET https://shop.vivaticket.com/ita/aboutus/regolamento). GEMATICA is only connection interface between the User and the VIVATICKET portal, so Gematica  will not acquire any information regarding the User, nor will collect or store any personal data.

7. APP AVAILABILITY

It is possible to access the App 24 hours a day, 7 days a week, barring unforeseen circumstances, events not depending on GEMATICA, breakdowns and maintenance interventions necessary for the proper functioning of the App. Maintenance and/or updating interventions may be carried out without the User having been notified in advance.

8. USER RIGHTS, OBLIGATIONS AND RESPONSIBILITIES

GEMATICA gives the User the right to use the App and its Services that is non-exclusive, non-transferable, worldwide and free of charge. The User undertakes to download the App on his device exclusively for personal and non-commercial use, not for profit and excluding any other purpose. The User shall not copy, decode, disassemble, attempt to derive the source code, shall not modify or create derivative works of the App, shall not make updates or any form of copying or distribution, publication or commercial exploitation of the App, shall not modify any content , code, data or materials; shall not use software or processes capable of copying the App,shall not create systems capable of hacking the App and/or its content in its entirety or in its part, or capable of violating these Terms and Conditions of use. The User shall not upload viruses or other harmful codes; the User shall not use the App for illegal, deceptive or discriminatory purposes; The User shall not take actions that can prevent, overload, compromise or disturb the proper functioning or appearance of the App. In case of violation of these prohibitions, the User will be liable to prosecution.

9. GEMATICA RIGHTS, OBLIGATIONS AND LIABILITIES

GEMATICA will make every effort to ensure the proper functioning of the App; it also undertakes to secure access, consultation and use. To the extent permitted by law, GEMATICA can not be held liable for damages of any kind, direct or indirect, arising from the use or inability to use the App and especially for any economic or commercial type loss, data loss, particularly in the IT systems of the User. Furthermore, Gematica cannot be held responsible in the event of improper use of the device and/or accidents related to the use of the device while using the App.

10. TECHNICAL RESTRICTIONS – RISKS ON THE “INTERNET NETWORK”

The User must ensure that he has a sufficient Internet connection for the functioning of the App.
GEMATICA is not responsible for the malfunction of the App in case of lack of connection or weak Internet. Some services may not work in case of bad internet connection. The User declares to know and accept the limits and issues of the Internet for which GEMATICA cannot be held responsible. The User declares to know and accept the following elements, listed by example and not exhaustively: (i) the limits, the functional characteristics and technical performances of the Internet; (ii) problems related to connection and/or access to Internet and/or websites; (iii) problems related to network availability and traffic; (iv) problems related to failure or congestion of the networks, risks of interruption; (v) risks of contamination by any viruses circulating on the networks.

11. THIRD PARTY CONTENT

The APP uses third-party content and GEMATICA is not responsible for this content. The graphic files relating to logos and images relating to the Park and the trails shown in the App are owned by the Vesuvius National Park Authority.

12. WITHDRAWAL

The User has the right to terminate the Agreement in any time by uninstalling the App and cease to use it.

13. INTELLECTUAL PROPERTY

GEMATICA is the exclusive owner of all Intellectual Property and economic exploitation rights inherent to the App. Downloading the App does not give the User any property or industrial use rights. All reproduction and representation rights are reserved, including downloadable documents. The texts, graphics, icons, photographs, maps, logos, videos, audio, trademarks and more generally the set of elements that compose the App, cannot be subject to any representation, reproduction, use or extraction, full or partial, unauthorized public distribution. The User undertakes in order that the use of the App does not prejudicate in any way the rights of GEMATICA, in particular that such use does not constitute an illegal act of counterfeiting and/or unfair competition.

14. JURISDICTION

For anything not expressly provided for by these provisions, the provisions of Italian law shall apply.
Without prejudice to the provisions of mandatory provisions of law, any dispute and / or dispute relating to the Parco Vesuvio App or the interpretation, App, validity and / or effects of these provisions will be the exclusive jurisdiction of the Court of Naples.