GENERAL TERMS AND CONDITIONS OF USE

1) INTRODUCTION

The web application called GlucoLog Web (hereinafter Web-App), accessible through the website www.glucologweb.com is owned by the company Zucchetti Centro Sistemi SpA (hereinafter "Manufacturer") and its use is subject to the acceptance of the following General Terms and Conditions of Use ("GTCU"), which regulate its use. We invite you, therefore, to read them carefully.

If goods and services are offered through the Web-App or content presented subject to specific terms and conditions contained in such pages, the same shall prevail over these GTCU.

These GTCU will always be available in the "legal notes" section within your personal area.

2. GRANTING OF THE LICENCE

The Manufacturer grants to users who utilise the devices provided by the company A. Menarini Diagnostics Srl (hereinafter AMD), for the self-control of associated diabetes, a limited, non-exclusive, non-transferable and non-sublicensable license for personal use of the Web-App only. This license is granted free of charge and under the conditions set forth in these GTCU.

It is prohibited to assign, for any reason, the license granted and to make commercial use of the Web-App and related services, unless expressly authorized by the Manufacturer. The use of the Web-App, please note, is not subject to the payment of any fee.

Acceptance of the GTCU, by ticking the appropriate flag, implies full understanding and unconditional acceptance of these GTCU and, therefore, in your relations with the Manufacturer and, as far as relevant, with third parties, you must act in compliance with the provisions of these GTCU.

The User undertakes to use the Services in compliance with these GTCU and with all applicable national and international regulations.

The Supplier reserves the right to verify, at any time, compliance with these GTCU and the above-mentioned regulations by the User with the express right to revoke the license of use in case of any violation.

3) OWNERSHIP RIGHTS

 It is understood that the Manufacturer is the sole and exclusive owner of all industrial and intellectual property rights concerning the Web-App, with the exception of trademarks, marks and other distinctive signs referring to the company AMD of which the Manufacturer is licensor.

The graphics, images, text, and content in any case present in the Web-App are subject to copyright with all rights reserved.

It is expressly forbidden to: (i) reproduce, duplicate, copy the Web-App; (ii) sell, transfer, distribute, lease, market, assign or grant rights of any kind with respect to the Web-App in whole or in part to any third party; (iii) remove, alter or modify any of the images, symbols, trademarks, distinctive signs, logos, headers and/or anything else that appears or is displayed through the Web-App and/or in the use of the Web-App, or use framing techniques to misappropriate them; (iv) decompile, disassemble, modify, carry out reverse engineer or similar activities with respect to the Web-App or otherwise obtain or attempt to obtain the source code of the Web-App and/or other codes; (v) use the Web-App for any commercial purposes unless expressly permitted by the Supplier.

Downloading or copying any of the contents accessible through the Web-App will not involve the transfer of any ownership rights over any software or materials. The publication, reproduction (partial or total), transmission (by electronic or other means), modification and hypertext linking of the same documents on other websites for public or commercial purposes is prohibited without the prior written consent of the Supplier.

In case of violation of the above, the license of use will cease to have effect and you will therefore be obliged to immediately stop using the Web-App. In any case, the Manufacturer cannot be held liable for your conduct.

4) DURATION

The licence for use is provided for an indefinite period.

You may terminate your use of the Web-App at any time.

5) WEB SERVICE

(a) Description

The Web-App is a web-resident suite that operates in connection with diabetes self-monitoring devices provided by AMD, allowing the user to view and/or share their blood glucose data.

To take advantage of the services offered by the Web-App is therefore necessary the data connection (the costs are those of its data traffic tariff), as well as the registration to the website on which the Web-App is published www.glucologweb.com, which is not subject to payment of any fee, as well as the use of the related services.

(b) Personal account

In order to access the services offered by the Web-App it is necessary to register on the website where the Web-App is published (www.glucologweb.com), creating a personal profile, which involves the attribution of user id and password. The user is responsible for the preservation and secrecy of his/her access credentials provided to him/her during registration and, accepting his/her own GTCU, releases the Manufacturer from any liability that may arise from the use or misuse of the Services by third parties through the utilisation of said credentials. It is advisable to change the password very frequently.

To create the profile, the user must access the website www.glucologweb.com and, once the reference language has been chosen, the login page will open. It will be possible to choose between two types of specific profile to create: "Patient" or "Doctor/Caregiver". The "Patient" user should be chosen if the user has an AMD device and wants to monitor his or her blood glucose, the "Doctor/Caregiver" user should be chosen if the user is a healthcare professional or a person who offers assistance to a sick, dependent or underage person (for example: support administrator or guardian) and wants to monitor the data of the "Patients" who have shared them

Depending on the type of specific profile chosen, you will be asked to enter the following data:

        1.           Patient Profile

The Patient Profile includes two different levels of users: (i) the basic user level (personal profile), which includes name, surname and email; (ii) Patient Profile which includes, in addition to profile data, also personal data, biometric data (weight and height) and clinical data (information on the pathology and type of treatment followed).

The data can also be modified at a later date by accessing the relevant sections within the Web-App. The data, with exclusive reference to those concerning the Patient Profile (not those of the basic user (personal profile) may also be modified by the Doctor or Caregiver with whom they were shared by the Patient.

     2.           Doctor/Caregiver Profile

A basic profile will be created, through the collection of data such as name, surname, type of person (if Doctor or Caregiver) and state of residence.

It is also envisaged - with reference only to doctors who collaborate with or are employed by healthcare institutions (hospitals, nursing homes or similar) - that it will be the same institution, in its role as user of the Web App, to start the process of creating the basic profile of the doctor involved in the relevant therapeutic services and referring to the patients of the institution itself. In this case, the institution will proceed to register the doctor by entering his/her personal data such as name, surname, and residence status. Upon completion of this initial phase, the doctor will receive an email informing him/her of the successful registration and he/she will be asked to conclude the procedure for creating the account (by accepting these GCUs). For the purposes of the GDPR regulation, in this case, the company Zucchetti Centro Sistemi and the healthcare institution will both be independently responsible for the processing of personal data referring both to registered doctors, with whom they have a professional relationship, and to patients. With reference to Zucchetti Centro Sistemi, the purposes of the treatment are exclusively those indicated in the informative notice pursuant to Art. 13 of EU Regulation 679/2016 and in the following link.

The above-mentioned data will be collected and processed in accordance with the privacy policy, as specified in the relevant privacy policy (Privacy Policy) which is fully referred to herein.

c) Services

Via use of the Web-App the user will be able to access the services, which are described in more detail below:

        1.           Patient

        2.            Doctor/Caregiver

(d) Changes

The Manufacturer, as the exclusive owner of the Web-App, reserves the right to make changes to the same and its functions (including introducing or eliminating features), undertaking to give adequate notice of the same to users by means of push notification or other means of communication in case of significant changes.

6) OBLIGATIONS OF ZUCCHETTI CENTRO SISTEMI SPA

The Manufacturer undertakes to guarantee the usability of the services connected to the Web-App 24 hours/day, without any interruption. However, given the nature of the Internet, the absolute continuity of operation and the absence of errors in the transmission of data cannot be totally guaranteed as interruptions or malfunctions may occur due to variables external to the Supplier and the latter cannot therefore be held responsible for eventual shortcomings.

The manufacturer also reserves the right to suspend the supply of services connected to the Web-App to proceed with technical interventions aimed at the maintenance or improvement of the Services (such as, for example: updates, tests, modifications that may be necessary by law) and, in this case, undertakes to limit as much as possible the inconvenience suffered by the user.

Under no circumstances can the Manufacturer be held liable for damage and loss, either direct or indirect, caused to the user due to the failure and/or defective functioning of the Services resulting from problems with the electronic equipment belonging to the same or to third parties (including associated devices supplied by Menarini Diagnostics), or from telephone and/or telematic connections not directly managed by the Manufacturer or its suppliers.

It is understood that the Manufacturer retains the right to discontinue the support of certain devices/operating systems and that consequently it will no longer be possible to use the Web-App.

7) CHANGES TO THE GTCU

The GTCU may be changed from time to time by the Manufacturer, without prior notice to the users, who will still be informed of the change. However, it will be the user's responsibility to periodically review the GTCU. In any case, if you continue to use the Web-App and related services after the change, this will be understood as acceptance of the change. We wish to remind you, however, that you will always have the right to withdraw from these conditions and stop using the Web-App.

8) HOLDING HARMLESS

By using the Web-App, the user agrees to indemnify and hold the Producer harmless from any damages, losses, costs and other expenses (including reasonable legal fees) arising out of or relating to: (i) violation of these GTCU, (ii) incorrect or unlawful use of the App; (iii) violation of any third-party rights by the user through the use of the Web-App

9) APPLICABLE LAW AND COMPETENT COURT

The relations between the Manufacturer and the user for using the related services are governed by these GTCU and by Italian law with express disapplication of the rules of domestic private law. If you are a consumer and have a habitual residence in one of the States of the European Union, you could benefit from the additional protection provided by the mandatory rules of your country of residence regarding consumer rights.

For any dispute that may arise between the User and the Supplier in relation to these GTCU and the use of the Services, Italian jurisdiction is agreed upon in a non-exclusive manner with the exclusive jurisdiction of the Court of Arezzo. As a consumer, however, you will be able to take action for protecting your rights both before the Court of Arezzo and before any court in the State of the European Union where you are habitually a resident or domiciled.

10) CONTACTS

You may contact us at the following address:

- Zucchetti Centro Sistemi Spa

Via Lungarno n. 305/A, 52028, Terranuova Bracciolini (AR)

- zcs@pec

- info@glucologweb.com