BESTCREATIVITY

PRIVACY POLICY

VERSION AS OF 25/05/2018

We would like to inform youthis notice is provided pursuant to Section 13 of EU Regulation no. 679/2016for the rules concerning the processing of personal data (i) collected by using the web site BestCreativity.com and the related services and products, as well as any other tool and technology offered through the Site itself and (ii) upon creation of a personal account (collectively “Services” or “BestCreativity Services”).

The web platform BestCreativity.com is effectively managed by TamTamy Reply S.r.l. (“TamTamy”, “We”, “BestCreativity”) with registered offices in Turin (Italy), Corso Francia, 110, VAT no. 11042600012.

We strongly recommend the user of the Site to often review this document in order to be informed of any modification or amendment that may be made to this document, also in connection with applicable law’s changes.

According to Section 13 of EU Regulation no. 679/2016we hereby provide you with the following information:

1. Data controller and Data Protection Officer (DPO)

When identified or identifiable users access this site, personal data of the said users may be processed.

The data controller is Reply S.p.A. (registered office: Corso Francia 110, Torino).

Data is processed exclusively by Reply staff entrusted with this task. No personal data generated by the web service is transferred to third parties. Personal data provided by users are used for the sole purposes of providing requested services and performing the tasks requested. This information is transferred to third parties only when necessary in furtherance of these interests.

The contact details of the Data Protection Officer are:

· Group DPO: JoergWoste

· DPO Italy: Alberto Canadè, Via Robert Koch, 1/4 20152 - Milano – ITALY

· DPO Germany: JoergWoste, Bartholomaeusweg 26 33334 Guetersloh – GERMANY

· DPO UK: Richard Veryard 38 Grosvenor Gardens London SW1W 0EB – UK

2. General Information

In order to manage BestCreativityServices and reduce the risk of fraud and check the data, BestCreativity is obliged to request the user to provide certain personal information.

By accepting the terms and conditions of this Privacy Policy the user expressly authorizes BestCreativity to elaborate his personal data according to the modalities provided by this document describing both the kind of data and the modalities of use.

BestCreativity gives greatest importance to the confidentiality of personal data collected and therefore it informs you that said data will be used exclusively in accordance with the provisions of this Information Notice.

BestCreativity will neither communicate nor disseminate in any way user’s personal data or the list of its users to third parties. However, in order to provide the Services to the users, to constantly improve the quality of its services and to protect users’ interests, in certain limited circumstance and as better described below BestCreativity will communicate certain users’ personal data to third parties according to strict conditions provided hereinbelow.

It is user’s responsibility to read the Information Notice as it is applied to all BestCreativity Services. By accepting the Information Notice and the Terms of Use during the registration phase to the BestCreativity Site the user expressly authorizes the use of his personal data by BestCreativity according to this document. Said Information Notice is incorporated in the Terms of Use and it is subject to the terms therein indicated. In case the user is not willing to authorize said use of his personal data he is invited not to register and/or not to use BestCreativity Services.

Notification of amendments

BestCreativity will be entitled at any time to modify or integrate this Information Notice (“Amendment”) by posting the relevant updated version on the BestCreativity Site.

Any amendment shall be deemed accepted by the user upon receipt of the relevant notification and lacking any withdrawal from the BestCreativity Services. The Amendment will be made without any prior notice and it will be immediately effective upon transmission of the relevant notification. Should the user decide not to accept the amendment, he shall cancel his personal account or request for the relevant closure according to the Terms of Use.

Certain pages of the BestCreativity Site provides for link to third parties’ web sites. These websites are governed by separate privacy policies and BestCreativity is not liable for the processing operations carried out by these website, including but not limited to the processing of personal data. The users who are willing to send information to or through said third parties’ websites are invited to accurately read the respective privacy policies before giving their personal data.

Personal data of minor than 18 years old

BestCreativity acknowledges that the Site and the relevant Services may be used also by minor age users.

BestCreativity recommends parents and whoever has parental authority over the minor to control the use of internet by their minor sons.

Through the Site BestCreativity does not consciously collect information regarding minor than 18 years old.

For registering to the Site and accessing and using the related services BestCreativity does not request Users to provide their age.

BestCreativity however invites whoever is minor than 18 years old not to provide his personal data without the authorization of his parents.

Should BestCreativity acknowledge that personal data were provided by a minor person, BestCreativity will immediately cancel the personal data already collected or request the transmission of a specific authorization by the parents. In such a caseBestCreativity reserves also the right to prohibit the access to the services of the Site to the user who hid his minor age or who has communicated his personal data without his parents previous consent.

Linking and framing

Without the prior written authorization of BestCreativity, it will not be allowed to create links to the Home Page of the Site, nor to internal and/or related pages of the Site, thus creating a so called “deep link”. It will not be permitted to hook up the Site or present the content of the same in another web Site, thus making a so called “framing”.

To this regard, please be informed that the infringement of the provisions set forth above will constitute an act of unfair competition according to Italian law provisions in force.

3. Information

Notwithstanding the provision under article 4 below, by using the Site and the Services and upon registration and creation of a personal account on the Site the following data will be collected:

(a) “Technical Data” are data necessary, from a technical standpoint, in order to guarantee the offered Services, the functionalities and the security of the surfing sessions as well as the statistic analysis of the accesses to the Site. In particular, Technical Data will be those necessary for internet protocols such as sessions markers and identifiers or similar tools (by way of example only the address URI - Uniform Resource Identifier of the requested pages, the hour of the request, the method used in order to place the request to the server, the dimension of the files, the numeric code providing for the status of the reply provided by the server) and other parameters relating to the operating system and the computer environment of the user that will be temporarily recorded through electronic and internet means (in particular through the so called system logs) and in any case in a way not permanent but exclusively to the extent necessary in order to pursue technical, statistic and preventive purposes; and

(b) “Other Data” means any further personal information spontaneously provided by the User according to the provisions of the Terms of Service of this Site and collected through the registration and the access to the Site, the supply of the service of the Site, including the provision of the Terms of Use concerning feedbacks, the request of information concerning the services provided by BestCreativity.

collectively “Data”.

In addition to the above, we inform the user that for sending/receiving a payment to/from another user of BestCreativity Services it could be necessary to provide personal data to the other user in order to allow this latter to complete the payment. Said details may be therefore transferred from the client to BestCreativity.

BestCreativity keeps all information regarding each transaction made through its Services and may add said information to the user’s profile for any future transactions made through BestCreativity, its controlling and controlled companies.

Although the user is entitled to close his personal account at any moment without penalties, the user will continue to be liable towards BestCreativity also after the cancellation of his personal account for the expenses borne by this latter and it will be responsible for the period preceding the cancellation of the personal account. In addition the user shall be aware of BestCreativity’s rights under the Terms of Use.

Should BestCreativity not be able to check the information provided by the user, this latter will be requested to send by fax additional documents providing for his actual identity or to reply online to certain questions for controlling the information provided.

 

Optional data provision

Apart from the above-described navigation data, users are free to provide personal information in the electronic request forms in website sections for specific requested services. Please also note that it may not be possible to process requests if this data is not provided.

 

Processing procedures and security measures

Personal data is processed by means of automated and non-automated equipment. It is processed only for no longer than is required to fulfil tasks for which the said data was collected. Conformity with specific security measures is ensured in order to prevent data losses, illicit or incorrect use, and unauthorized access.

4. Processing purposes

The Data provided by the User will be processed for the following purposes:

a) executing and managing, both for technical and administrative reasons, the contractual relationship concerning the supply of the services through our Site as well as for carrying out any all activities necessary and in any case linked to the registration and the access to the Site, including the publication, management, participation to the Projects and feedbacks, as defined under the Terms of Use, as well as to any forum;

b) purposes strictly linked and/or necessary in order to process the requests made, from time to time, by the users through the Site and/or by email and/or by any other communication mean, as well as purposes strictly linked and/or necessary in order to allow the user to use the Services and the contents of the Site;

c) fulfillment of obligations provided by both Italian and EU law and regulation as well as by orders of governmental authorities or by control bodies, also in order to prevent and to ascertain IT crimes;

d) sending newsletter and informative, promotional and/or advertising material concerning the services offered by BestCreativity; market researches and statistic analysis (with anonymous and/or aggregated data).

The Data provided by the users will be processed by means of manual, computerized and data transmission means, including cryptographic systems, in order to prevent, to any possible extent and on the basis of the technical status, the loss of Data, improper and illegal use and unauthorized access. The Data will be processed by duly appointed data handlers.

We hereby inform you that Technical Data may be provided on an optional basis to the extent that it is optional the access to this Site, which will be possible only using Technical Data, with the consequence that that using the Site the user will accept the processing of Technical Data. The processing of Technical Data may be carried out by third parties, other than the Data Controller and the Data Processor, as below identified, that will provide processing services in relation to the data / web analytics and/or that will perform activities linked to or necessary for the handling, management and analysis of the Services.

The Other Data shall be mandatorily provided for the purposes indicated under points a), b) and c) above, with the consequence that if the user does not provide said data it will not be possible to access the above indicated Services and to reply to users’ requests and choices in particular with reference to the publication and participation to Projects.

With reference to the purposes listed under paragraph d) above, the user shall provide, on an optional basis, his consent.

In any case the user will be entitled to object to the processing of his personal data following the procedure described by article 9 below or as outlined in each communication sent to the user.

We also inform you that, lacking any use of the Services indicated under paragraph 1 above for more than 6 months, we will cancel your Data giving you a prior notice by email.

The Data will be processed for a period necessary in order to achieve the above declared purposes.

5. Web information – Cookies

Giving the technical standards for internet communications,upon accessing or disconnecting from the Site, BestCreativity will be automatically provided with certain non-personal information such as the kind of browser used; the web site from which the User linked the Site or to which the user wishes to connect; the visited web pages; IP addresses; the number of accesses to the web.

The above mentioned information are collected by User’s computer browser by means of the so called cookies.

Cookies are small text files, often containing an anonymous identifying code, that may be sent to User’s browser from a web server and that are subsequently recorded on the hard disk of User’s computer. Cookies are read again and recognized by the web site from which they have been sent each time the User visits or connects to the same. Cookies contain information which allow the web site to record User’s surfing preferences and, therefore, to customize a site according to User’s requirements. Most part of the browsers is set up in order to accept cookies, but it is possible to reset the browser in order to allow the User to refuse cookies or to notify the User if he/she/it receives a cookie.

The User can decide to refuse Site’s cookies, whether the browser allows such option, but in this case some pages of the Site could not be accessible and/or could not correctly run.

BestCreativity will use through the Site session cookies only. The Site does not use permanent cookies.

6. Correspondence with the Customer office

Any communication sent by the user to BestCreativity, including emails and fax, will be kept together with any other document concerning the user’s personal account.

We will also keep the correspondence with the Customer office and any other communication sent by BestCreativity to the user.

The above documents will be kept in order to control and improve the efficiency of the Customer office and to investigate in relation to potential frauds and breaches of the Terms of Use, as well as in any case to the extent in which it will be necessary in order to comply with law or contract towards the user.

7. Communication of personal data by BestCreativity

Considering that the Site is merely an instrument and the peculiar relationship between Buyers and Creative (as defined under the Terms of Use) in order to provide certain services and/or to carry out certain activities related to the Projects and feedback, the processing of Data is carried out by:

- TamTamy Reply S.r.l.;

- Reply S.p.A.;

- external subjects in their quality as data processors and/or persons in charge of the processing;

- autonomous data controllers (in particular the Buyers) to which the Data will be communicated for the purposes mentioned under points a) – c) above.

The Data may be communicated to other subjects and in particular to:

* to the subjects, natural persons and/or legal entities, charged by Reply S.p.A. / TamTamy Reply S.r.l. with the task of performing technical repairs, ordinary and exceptional maintenance, restoration and updating the Site;

* to companies of the Group to which Reply S.p.A. / TamTamy Reply S.r.l. belongs (controlling, controlled and linked, even indirectly, companies according to the law provisions in force);

* to any Buyer who needs said Data in order to handle and/or execute a Project;

* to the banks appointed by TamTamy Reply and/or by the Buyer/Creative to arrange and handle online payment services, who will act as autonomous data controllers.

Should the user provide his personal data to other users through BestCreativity Services the same BestCreativityshall not be considered responsible for the processing carried out by the other users.

An updated and complete list of the above mentioned subjects is kept and made available to the user at the registered office of the data controller, as identified below.

The Data will not be disseminated.

As any other company, BestCreativity could be subject in the future to a merger or it could be acquired by another company. In such a case the user accepts that the new company will access to the information managed by BestCreativity and that said company will comply with this Informative Notice, unless and until this Informative Notice will be replaced.

8. Rights of concerned individuals

The individuals referred to by personal data collected in the aforementioned sections have the right, at any time, to be informed of the existence of any such data and to be informed of content and origin of the said data. They have the right to check it for accuracy or to request additions or updating.

They also have the right to correct such data according to the terms of art. 7 of the Privacy Code.

The individuals concerned have the right to request that the said data be deleted or rendered anonymous or, when their motives are legitimate, to oppose processing of the said data.

Requests of this nature are to be addressed to e-mail address privacy@reply.com or sent to Reply S.p.A. - Corso Francia n. 110 - 10143 Torino.

9. Use of the Data by other users

By accepting the Terms of Use, the user accepts that, with reference to the personal data of the other users obtained through BestCreativity Services, through communication concerning BestCreativity or transactions executed through BestCreativity, he will use said information exclusively in relation for (a) communications concerning BestCreativity that do not constitute unauthorized advertising messages; (b) using the services offered through BestCreativity, such as insurance, delivery and anti-fraud and (c) any other purpose expressly accepted by this user upon and accurate information on the same purpose.

In any case the user shall grant the other users the possibility to have the processing of their data terminated and to ask for the deletion of their data.

In any case the user shall comply with all applicable law regarding data protection in particular those relating to marketing emailing. BestCreativity will not allow spamming.

In order to notify BestCreativity of any spamming activity the user may send a message to privacy@reply.it.

BestCreativity will collect, store and process personal data on server/databases owned by the data controller and/or third parties located within European territory.

10. Security of Data

BestCreativity guarantees the maximum level of security in handling user’s Data by implementing security measures such as firewall and cryptography of the data, by controlling physical accesses both to the buildings and to the files and by authorizing the access to the personal data only to its employees in order to carry out their tasks.

The security of the user’s personal account will depend on the protection of the password for accessing the Services.

The user is not authorized to disclose BestCreativity’s password to third parties. BestCreativity’s representative will not request the users to disclose their password. Therefore, any email or other message that will require the disclosure of the password shall be considered as not authorized and suspect and it shall be forwarded to privacy@reply.it.

If the user shares his password with third parties for any reason, including the promise to a third party to provide additional services, and this third party will have access to the user’s personal account and to his personal information, the user shall be the sole responsible for any action carried out with his password.

If the user deems that someone else is in possession of his password, the same user is invited to immediately change the password by accessing to his personal account and changing his profile settings.

We invite the user also to immediately contactBestCreativity as described above.

In particular, in order to ensure the security of user’s personal data, the Data Controller implemented the following measures:

- all persons who access to personal data have personal userID and password which are periodically modified according to the terms provided by the law in order to avoid the risk of unauthorized access;

- servers are protected by a firewall which protect the data;

- employees/workers executed confidentiality agreements;

- backup systems have been implemented in order to ensure the integrity of User’s personal data.

We hereby inform the User that whenever the data controller, in order to provide specific services required by the user, sends to third parties – via internet – highly confidential information, said information will be protected by using a cryptographic system such as the protocol Secure Socket Layer (SSL).

10. Cookie Policy

The website BestCreativity (hereinafter referred to as “website”) uses Cookies to make its service simple and efficient for the users who visit the portal pages.

Cookies are text files, or packets of information sent to the user’s browser from a web server (such as bestcreativity.com), which are automatically sent to the server at each subsequent access to the site.

There are various types of cookies, some used to make the use of the site more effective, and others to enable particular functions. Cookies can allowyou to:

• Storepreferences
• Avoid repetition of the same information during a visit, such as username and password
• Analyze the use of services and of content provided by the site that the user visits to optimize the browsing experience and services offered.

Cookies used by BestCreativity

The following are the types of Cookies used by BestCreativity, grouping them in ways in which they can be used.

Technical Cookies

This type of Cookie allows the correct operation of certain sections of the website, and are essential in order to send the user to navigate through the site and utilize all of the functions. They can be in twocategories:

• Persistent: once the browser has been closed, they do not get deleted, they remain until they reach a pre-installed expiry date.
• Session: they get deleted automatically each time the browser is closed

These Cookies, sent from the domain belonging to BestCreativity (bestcreativity-test.gaiareply.eu, bestcreativity.de, bestcreativity.uk, etc) are necessary to visualize the website, and in relation to the technical services offered they will always be used and sent (unless the user doesn’t modify the settings in their own browser). Some cookies of this category are used to save access information and to record all information for the next visit to the website. The aforementioned Cookies used by the website avoid other technical solutions potentially compromising the privacy of users' browsing and do not acquire personal identifying data.

Functionality Cookie

Cookies in this category are used to memorize some settings selected by the user, in order to record the preferences during the next visit. These cookies can have a duration session but in general are persistent, and are sent from the domains of Bestcreativity. They can be implemented in the supply service, which isn’t explicitly requested but offered to the user. The information taken from these cookies is anonymous and cannot trace the actions of the user on sites other than BestCreativity. An example for this category of cookie are cookies used for users authentication.

Performance Cookies

The Cookies in this category (which also include so-called "Cookie analytics") are used to collect information on the use of the website. BestCreativity uses this information to obtain anonymous statistic analysis in order to improve the use of the website, to make the content more interesting, and to satisfy the needs of the user. Cookie analytics can be sent from Bestcreativity’sDomains (so-called Cookies of the first party) yet are generally sent from the third parties of the domain / sites (so-called Cookies of the third party). This category includes such Cookies of Google Analytics.

Cookies to integrate products and functions of third-party software

This type of Cookie are related to features developed by third parties and included within the pages of the website as preferences expressed in social networks, (such as Facebook, Twitter), in order to share the contents of the website or for the use of third party software services (such as software to generate maps or additional software that offers additional services). These cookies are sent from third-party domains and partner sites, which then offer their functions within the website’s pages.

Third-party Cookies for marketing / retargeting

Cookies in this category are solely third-party and are used to create user profiles in order to send advertising messages or banner ads to present the site when the user navigates to other sites, in line with the preferences expressed by the user within the pages of the website. BestCreativity does not use Cookies profiling the first party.

User Consent

BestCreativity, in accordance with the regulations, is not required to seek approval for technical and analytical Cookies of the first party, necessary to provide the required services. The latter therefore are automatically installed by the website on the first visit by the user of any portal pages. For all other types of cookies, the consent is required through a pop-up banner. This implies an active approach on the behalf of the user, and they may give their consent by either clicking on the “OK” button, or by clicking on the outside banner or continuing to browse. For all other types of cookies, the user can give consent in one or more of the following ways:

• Using specific settings of the browser used to browse the pages that make up the website (in this case, refer to the next section);
• By changing the settings in the use of third-party services

Please note that certain areas or features of the website depend on the use of Cookies, with the result that disabling Cookies in one of the above ways may prevent the user from experiencing some parts of the website in full, or from using specific features offered from the website (such as authentication and access to the private site).

How to Manage Cookies used by BestCreativity through the Configuration Browser

Almost all browsers for Internet browsing are set to automatically accept Cookies. You can change the default configuration (generally set at "medium"), and disable the Cookie setting, on the panel (usually referred to as “privacy”), by setting the highest level.

In any case, the user also has the ability to delete individual Cookies from their computer, by selecting "Internet Options" from the Tools menu, clicking on the "General" tab and then by clicking on the delete button. Below there is more information on the management of Cookies on behalf of the user for the more popular browsers.

You can find more information at http://www.allaboutcookies.org/. To remove Cookies from the Internet browser of your smartphone / tablet, you should refer to the device’s user guide.

Chrome

1. Click on the menu ("Settings") present in the toolbar of the browser next to the URL entry window for navigation.
2. Select "Settings".
3. Click "Show Advanced Settings" at the bottom of the list.
4. In the "Privacy" section click on the "Content Settings".
5. In the "Cookies" section you can change the following settings for cookies:

• Allowsaving of data locally
• Modify local data until browser is closed
• Not Allow websites to set Cookie
• Block Third parties Cookie and websites data
• Manage exceptions for some internet websites
• Delete of one or all Cookie]

MozillaFirefox

1. Click on the menu (“settings”) found in the toolbar of the browser next to the URL entry window for navigation.
2. Select “Options”.
3. Select “Privacy” on the panel.
4. In the “Tracking” section the following cookie settings can be modified:

• Communication to other sites will not be traced
• From "History" section, you can:

• Enabling "Use custom settings" select to accept third party Cookies (again, from sites most visited or never) and keep them for a specified period (until they expire, when Firefox is closed or ask any time)
• Removeindividual cookies stored

Internet Explorer

1. Click on the "Tools" and choose "Internet Options"
2. Click on the "Privacy" tab and in the "Settings", change the slider according to the action desired:

• Blockall Cookies
• Allowall cookies
• Selection of sites from which to obtain Cookie: move the cursor in an intermediate position so as not to block or allow all cookies, click on "Sites" in the "Web Site Address" and enter a website, then click on " Block "or" Allow ".

Safari

1. Click on Safari, select “Preferences” and click on “Privacy”
2. Under “Block Cookie”, specify how Safari must accept cookies from websites.
3. To see which sites have stored Cookies, click “Details”

It is recommended that the user verify, from time to time, the signs of their own browser.

How to manage cookies by changing the settings in the use of third party services

The website may contain third-party cookies, and links to other sites: third party have their own privacy policy that is different from that adopted by the website Bestcreativity and in respect to which it is foreign.

Shown below are links to pages containing information and specific instructions of third parties.

Google services: https://www.google.com/intl/it_it/policies/technologies/cookies/

Facebook: https://it-it.facebook.com/help/cookies/

Twitter: https://twitter.com/privacy?lang=it

Users are advised to carefully read the information and policies concerning the use of Cookies prepared by third parties as mentioned above, and also in order to become aware of any changes made to them by suppliers and independents from Reply.

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This Privacy Policy is governed by the laws of Italy and any dispute arising in connection to the same Policy will be submitted to the exclusive jurisdiction of the competent Italian courts as provided by the Terms of Use, save for mandatory law provisions.

This Privacy Policy is written both in Italian and in English. In case of differences, conflicts or inconsistencies between the Italian and the English version, the Italian version shall prevail.