CONTRACTUAL CONDITIONS FOR THE SUPPLY OF THE SERVICE
These contractual conditions govern the relationship between INSTALEADERS and the Customer who automatically signs these contractual conditions by registering and purchasing the service.
The object of the contract is the supply to the customer of the robotic automation service of actions on the Instagram social network, with the methods and details indicated below (hereinafter referred to as the “Service” for simplicity).
In particular, the Service can be activated in three distinct ways:
4. DESCRIPTION OF THE MODE
The “BASE”, “PRO” and “VIP” service modes provide for the robotic automation of all actions regarding voting and/or viewing of Instagram stories by the profile connected by the customer to the service.
The target is set by the customer based on the information provided when completing the form on the control panel based on the usernames indicated as examples. The choice will also be automated, based on algorithms and, therefore, no responsibility can be charged to INSTALEADERS for any deviations from the target.
6. DECLARATION OF DISCLAIMER
The customer declares to be aware of the fact that the system, while not constituting any unauthorized access to the computer system or any other crime under the laws of the State, violates the rules of Instagram and the terms and conditions of the service and, therefore, assumes all responsibility, for using the Service as a tool to increase your profile. The Customer also declares that, although the system perfectly emulates human actions and allows to automate absolutely legitimate behaviors, it could incur the suspension or closure, even definitive, of their account by Instagram, fully assuming the responsibility at their own risk. In this case, he is still required to pay the current period up to the end,
In order for the Service to function correctly, the Customer must log in to the profile by entering the password. INSTALEADERS undertakes to keep it in accordance with EU Regulation 2016/679 and not to use it for any other purpose. The Customer acknowledges that, in the event of a password change by the same, the service cannot be provided and will therefore be automatically suspended.
8. MEANS AGREEMENT
INSTALEADERS indicates numerically, within the website of the service, the results that can be obtained through the Service. These numbers are merely examples and are based on the average of the results achieved by its customers. INSTALEADERS assumes an obligation of means and not of result. In the context of the service, therefore, the lack of results compared to the examples indicated on the site does not in any way constitute a contractual breach of INSTALEADERS. The Customer declares to be aware of the fact that various factors external to the intervention possibilities of INSTALEADERS contribute to the achievement of the predetermined result, including, by way of example, the type of posts published by the Customer.
With this contract INSTALEADERS undertakes, towards the agreed fee, to perform, in favor of the Customer, the Service indicated by the Customer during the payment phase.
The Service is automatically provided immediately upon the Customer’s purchase. The customer is required to provide all the material necessary to allow the activation of the service and any slowdowns in these obligations by the customer can never be considered a delay in the activation of the service.
11. DURATION AND RENEWAL
This contract will be valid and effective for 30 days, starting from activation. Upon expiry of the contract, only if the customer has purchased through a subscription will it be renewed automatically for a duration equal to the previous period of time. The customer can withdraw from the automatic renewal at any time from the appropriate button within his personal Dashboard. The automatic renewal is considered canceled only after the cancellation of the same through the use of the aforementioned button. In case of cancellation, the Service will remain active until the agreed term. In case of manual payment, the contract will automatically lose its validity at the expiration of 30 days from the purchase of the chosen service, unless renewed by the Customer.
12. WITHDRAWAL BY THE CUSTOMER
The customer can request a withdrawal and immediately interrupt the service at any time. However, in this case, if the Customer withdraws before the expiry of the deadline, he is still required by law to pay the entire economic portion of relevance (also as a penalty pursuant to Article 1382 of the Italian Civil Code) for the period of service not enjoyed.
13. WITHDRAWAL OF INSTALEADERS
INSTALEADERS reserves the right to withdraw from the contract even before activating the service. In case of failure to activate the service due to the confidential choice of INSTALEADERS, this will be required exclusively to return the amount paid by the customer. The customer acknowledges and accepts that he has no further rights and that he cannot make a request for compensation or compensation for damage caused by the failure to activate the service against INSTALEADERS.
14. LIMITATION OF LIABILITY
INSTALEADERS carries out a totally automatic service, carrying out the instructions of the Customer, on behalf of the same. INSTALEADERS, therefore, assumes no responsibility under any circumstances for all data entered, transmitted, or otherwise processed by the customer through the service, for messages sent, or for consequences that could derive from automatic actions performed on accounts not appreciated by the Customer or viewing of the stories of the same. In no case, INSTALEADERS will be held responsible for damages suffered by the customer or by a third party as a result of his work. The customer acknowledges that due to the automation of the Service, Instagram may impose a block for activities temporarily during which the profile will still be active and available, but some actions may be blocked.
INSTALEADERS, at its total discretion, without the exercise of this right being contested as a contractual breach, reserves the right to suspend or interrupt the service even without notice in the following cases: a) The customer defaults or violates even one of the provisions contained in the contract; b) Is requested by the judicial authority; c) There are justified reasons of security or confidentiality.
16. EXPRESS TERMINATION CLAUSE
INSTALEADERS reserves the right to withdraw from the contract with immediate effect in the event that:
a) the Customer violates the obligations set out in this contract and these supply conditions;
b) events due to force majeure occur;
c) the Customer performs any illegal activity using the service according to the laws of the Italian State. In the event that, for any reason, the payment of the agreed fee for the renewal is not paid, INSTALEADERS reserves the right to suspend or interrupt the provision of the service with immediate effect, considering the non-payment as withdrawal from the automatic renewal.
Ordinary assistance at the times displayed on the site is guaranteed to the customer and nothing is due for it. Ordinary assistance means any intervention aimed at solving problems or malfunctions deriving from the provision of the INSTALEADERS service. Anything that is not included in the aforementioned definition is considered extra-ordinary assistance, the cost of which is agreed upon outside of this contract, any changes to be made after the conclusion of the insertion and activation, could be considered extra-ordinary assistance, at the sole discretion of INSTALEADERS.
18. CONFIDENTIAL INFORMATION
The parties are aware that all information acquired during the relationship constitutes secret information, pursuant to and for the purposes of Articles 98 and 99 of the Legislative Decree n. 30 of 10 February 2005, highly confidential information or information protected by the legislation on the protection of industrial property. The parties also mutually undertake not to disseminate or communicate all information or data relating to the implementation methods and technical rules.
19. APPLICABLE LAW
The contract is governed exclusively by Italian law. PRIVACY INFORMATION (simplified)
For example, in some cases, the site uses web software, which is set up so as not to send cookies (and therefore not to collect data). The site also uses social web plugins to simplify the sharing of materials on social networks. These plugins are configured so that they send cookies (and therefore possibly collect data) only after the user has activated the service.
Subjects of the treatment
The data controller in accordance with the laws in force is the site administrator, INSTALEADERS who can be contacted via the CONTACTS section (link at the bottom of the page).
Legal basis of the processing
This site processes data mainly on the basis of user consent. The granting of consent takes place through the banner placed at the bottom of the page, or through the use or consultation of the site, as a conclusive behavior or, again, by registering on the site or subscribing to the service. By using or consulting the site, visitors and users approve this privacy statement and consent to the processing of their personal data in relation to the methods and purposes described below, including any disclosure to third parties if necessary for the provision of a service. Further consents relating to the specific purpose of the service are collected through the communication or service request forms. The provision of data and therefore consent to the collection and processing of data is optional, the user can deny consent, and can revoke a consent already provided at any time (via the banner at the bottom of the page or the browser settings for cookies, or the Contact link). However, denying consent may make it impossible to provide some services and the browsing experience on the site would be compromised. The data for site security and for the prevention of abuse and SPAM, as well as data for the analysis of site traffic (statistics) in aggregate form, are processed on the basis of the legitimate interest of the Data Controller in protecting the site and of the users themselves. In such cases, the user always has the right to object to the processing of data (see par. User rights).
– Main activities
Collection of data and information for the purpose of carrying out the service as indicated in more detail in the terms and conditions (link at the bottom of the page) and which for illustrative but not exhaustive purposes consists of the main and ancillary activities connected to the work of social media managing.
– Statistics (analysis)
Collection of data and information in an exclusively aggregated and anonymous form in order to verify the correct functioning of the site. None of this information is related to the physical person-user of the site and does not allow the identification in any way. Consent is not required.
Collection of data and information in order to protect the security of the site (spam filters, firewalls, virus detection) and users and to prevent or unmask fraud or abuse to the detriment of the website. The data are recorded automatically and may possibly also include personal data (IP address) that could be used, in accordance with the laws in force on the subject, in order to block attempts to damage the site itself or to cause damage to other users, or in any case harmful activities. or constituting a crime. These data are never used for user identification or profiling and are periodically deleted. Consent is not required.
– Ancillary activities
Communicate the data to third parties who perform functions necessary or instrumental to the operation of the service (e.g. comment box), and to allow third parties to carry out technical, logistical and other activities on our behalf. Suppliers have access only to personal data that are necessary to carry out their duties, and undertake not to use the data for other purposes, and are required to process personal data in compliance with current regulations.
This site collects user data in two ways.
– Data collected in an automated manner
During the navigation of the users, the following information may be collected and stored in the log files of the server (hosting) of the site:
– internet protocol address (IP);
– a type of browser;
– parameters of the device used to connect to the site;
– the name of the internet service provider (ISP);
– date and time of visit;
– web page of origin of the visitor (referral) and exit;
– possibly the number of clicks. These data are used for statistical and analytical purposes, in an exclusively aggregated form. The IP address is used exclusively for security purposes and is not crossed with any other data.
– Data provided voluntarily
The site may collect other data in case of voluntary use of services by users, such as commenting, communication services (contact forms, comment boxes), and any other data provided during registration and subscription. These data will be used exclusively for the provision of the requested service.
Place of processing
The data are processed at the headquarters of the data controller, and at the web hosting datacenter (DigitalOcean). The web hosting (DigitalOcean.com) is responsible for the processing, and processing of the data on behalf of the owner. DigitalOcean acts in compliance with European standards. Data retention period
The data collected by the site during its operation are kept for the time strictly necessary to carry out the specified activities. Upon expiry, the data will be deleted or anonymized, unless there are other purposes for their conservation.
The data (IP address) used for site security purposes (blocking attempts to damage the site) are kept for 30 days.
Data for analytics (statistics) purposes are stored in aggregate form for 24 months.
Transfer of collected data to third parties
The data collected by the site are generally not provided to third parties, except in specific cases: legitimate requests by the judicial authority and only in the cases provided for by law; if it is necessary for the provision of a specific service requested by the user; for carrying out security checks or site optimization.
Transfer of data to non-EU countries This site may share some of the data collected with services located outside the European Union area. In particular with Google, Facebook, and Microsoft (LinkedIn) through social plugins and the Google Analytics service. The transfer is authorized on the basis of specific decisions of the European Union and the Guarantor for the protection of personal data, in particular decision 1250/2016 (Privacy Shield which can be found on the information page of the Italian Privacy Guarantor), for which no further consent is required. The companies mentioned above guarantee their adherence to the Privacy Shield.
We treat visitor/user data in a lawful and correct manner, adopting appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of data. We are committed to protecting the security of your personal data while they are being sent, using special security software, which encrypts information in transit. The processing is carried out using IT and/or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. In addition to the owner, in some cases, categories of employees involved in the organization of the site or external subjects (such as third-party technical service providers, hosting providers) may have access to the data.
– analysis cookies, used directly by the site operator to collect information, in aggregate form, on the number of users and how they visit the site. They are assimilated into technical cookies if the service is anonymized.
– profiling and marketing cookies, used exclusively by third parties other than the owner of this site to collect information on user behavior while browsing, and on interests and consumption habits, also in order to provide personalized advertising.
– YouTube videos or other video sharing services;
– the social buttons of social networks;
– Google maps.
Instructions for disabling cookies can be found on the following web pages: Mozilla Firefox, Microsoft Internet Explorer, Microsoft Edge, Google Chrome, Opera, and Apple Safari.
– Google Analytics: used to analyze the use of the site by users, compile reports on on-site activity and user behavior, check how often users visit the site, how the site is tracked, and which pages are visited most frequently. The information is combined with information collected from other sites in order to create a comparative picture of the use of the site compared to other sites of the same category. Collected data: browser ID, date and time of interaction with the site, page of origin, IP address. Place of data processing: European Union is active in the anonymization of the service. The data collected do not allow the personal identification of users and are not crossed with other information relating to the same person. They are treated in aggregate form and anonymized (truncated to the last octet). On the basis of a specific agreement (DPA), Google Inc. (the data controller) is prohibited from crossing such data with those obtained from other services. Further information on Google Analytics cookies can be found on the Google Analytics Cookie Usage on Websites page. The user can selectively disable (opt-out) the collection of data by Google Analytics by installing the specific component provided by Google on their browser (opt-out).
– Youtube: platform, owned by Google, for sharing videos. Cookies are set when the page containing the embed is accessed, and when the video is started, and do not allow the identification of the user unless he is already logged into the Google profile. For the videos on the site, the “advanced privacy (no cookie)” option has been activated which ensures that YouTube does not store information about visitors unless they voluntarily reproduce the video. Collected data: number and behavior of users of the service, IP address, information linking visits to the site to the Google account for users already logged in, preferences on viewing videos. Social Network Plugin This site also incorporates plugins and/or buttons in order to allow easy sharing of content on your favorite social networks. When you visit a page of our website that contains a plugin, your browser connects directly to the servers of the social network from which the plugin is loaded, which server can track your visit to our website and, if necessary, associate it. to your social media account, in particular, if you are logged in at the time of the visit or if you have recently surfed on one of the websites containing social plugins. If you do not want the social network to record the data relating to your visit to our website, you must log out of your social network account and, probably, delete the cookies that the social network has installed in your browser. This site has installed plugins with advanced privacy protection functions for Users, which do not send cookies or access cookies on the user’s browser when the page is opened but only after clicking on the plugin. The collection and use of information by these third parties are governed by their respective privacy policies to which please refer:
Pursuant to European Regulation 679/2016 (GDPR), the user can, according to the methods and within the limits established by current legislation, exercise the following rights:
– oppose in whole or in part, for legitimate reasons, to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication;
– request confirmation of the existence of personal data concerning him (right of access);
– know its origin;
– receive intelligible communication;
– have information about the logic, methods, and purposes of the processing;
– request the updating, rectification, integration, cancellation, transformation into anonymous form, blocking of data processed in violation of the law, including those no longer necessary for the pursuit of the purposes for which they were collected;
– in cases of consent-based processing, receive the data provided to the owner at the cost of any support, in a structured and readable form by a data processor and in a format commonly used by an electronic device;
– the right to lodge a complaint with the Supervisory Authority (Privacy Guarantor – link to the Guarantor page);
– as well as, more generally, to exercise all the rights that are recognized by the current provisions of the law. Requests should be addressed to the data controller.