This translation is provided for convenience only. The contract is concluded in Italian and, in case of any difference, the Italian version prevails.
The dgCard service is provided by evenue srls (hereinafter: “dgCard” or “Provider”), with registered office at Via Fino, 7 - 65013 Città Sant’Angelo (PE), Italy - VAT No. IT02387950682, Tax Code 02387950682 - REA PE-427271 - Share capital € 2,000.00 fully paid up - PEC (certified email): evenue@pec.it - email: info@dgcard.it - WhatsApp: +39 328 4154781.
These General Terms (hereinafter: “Terms”) govern the use of the website dgcard.it (hereinafter: “Site”) and the service supply contracts concluded online through the Site and the control panel. Italian Legislative Decree no. 70 of 9 April 2003 (electronic commerce) applies and, when the Customer is a Consumer, Italian Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”).
The Terms are always available on this page, can be saved and printed, and are accepted by the Customer upon registration and upon each payment. The accepted version, with date and time, is recorded by the Provider, which sends a copy to the Customer on request.
The contract is concluded in Italian. Translations of the Terms into other languages are provided for convenience: in case of any difference, the Italian version prevails.
• Service: the dgCard platform for creating, publishing and managing digital business cards, with the features of the chosen plan and of any add-ons.
• Card: the public web page of a person, reachable through an address (link) and a QR code, with the data and images entered by the Customer.
• Customer: whoever creates an account and uses the Service; the Customer may be a Professional (a business, professional or organisation acting within the scope of its activity) or a Consumer (a natural person acting for purposes outside any business or professional activity they may carry out).
• Card persons: owners, employees, collaborators or other persons whose data is published in the Customer’s Cards.
• Visitors: whoever opens a Card.
• Panel: the Customer’s reserved area, accessible with email and password.
With the Service the Customer creates digital Cards that Visitors can open from the link or the QR code, save to their phone’s contacts (vCard file) and, where available, to their Wallet (Apple Wallet or Google Wallet). In the Panel the Customer sees the visit statistics (number of openings, countries and cities of origin, in aggregate form).
The features of the plans (Small, Medium, Large) and of the add-ons (Cards on your domain, Multi-office, PRO Activation), the maximum number of Cards and the prices are described on the plans page of the Site, which forms part of these Terms.
3.1) Cards on your domain: to publish the Cards at an address of their own domain, the Customer must add the DNS record indicated in the guide; the Provider is not responsible for delays caused by the configuration of the Customer’s domain.
3.2) PRO Activation: the Provider sets up the graphics and data of the Cards with the material supplied by the Customer, who remains responsible for the accuracy of, and the rights to, such material.
3.3) The Cards are excluded from search engine indexing (“noindex” instruction), but they are public pages: anyone who knows their link or QR code can open, save and forward them.
3.4) Technical requirements: the Cards open with any up-to-date browser, on computers and smartphones, without installing any app; saving to the Wallet requires Apple Wallet (iPhone) or Google Wallet (Android). The Panel requires an up-to-date browser with technical cookies enabled.
To use the Service the Customer creates an account by entering true, complete and up-to-date data: email (verified with a code), password, contact person’s details and billing details. The Customer must be of legal age and, if acting for a company or organisation, must have the power to represent it.
The Customer keeps their email and password strictly confidential, is responsible for all activity carried out with their account and notifies the Provider immediately of any unauthorised use. The Provider may access the Customer’s account only for support, for PRO Activation or for security reasons; every access is logged.
The Customer is solely responsible for the billing details entered: the Provider is not liable for incorrect tax documents due to incorrect or incomplete data.
Upon registration the Customer chooses the plan and any add-ons and obtains a 10-day FREE trial, without payment and without entering any card. During the trial all features of the chosen plan are available. At the end of the trial, without payment, the Cards are no longer visible to the public.
The FREE trial is granted only once per person and per company. To prevent abuse, the Provider automatically compares some registration data with that of previous accounts, as described in the Privacy Policy: if the trial or the refund has already been used, the account is created without a trial and is activated upon payment. A Customer who believes the check is wrong may request a review by writing to ordini@dgcard.it.
Prices shown on the Site are in euro. For Professionals they are shown excluding VAT; for Consumers the final price, including VAT, is shown on the Site and in the order summary. Before registration and before payment the summary shows the taxable amount, the VAT and the total including VAT. There are no other costs.
Customers outside Italy: companies established in another European Union country with a VAT number valid in the VIES system receive the invoice without VAT, under the reverse charge mechanism (art. 7-ter Italian Presidential Decree 633/72 and art. 196 Directive 2006/112/EC): VAT is accounted for by the Customer in their own country. Customers established or resident outside the European Union receive the invoice without VAT, as out of scope (arts. 7-ter and 7-octies Italian Presidential Decree 633/72). Private individuals resident in Italy or in another European Union country pay Italian VAT at 22% (for EU countries other than Italy within the limits of art. 7-octies, paragraph 3, Italian Presidential Decree 633/72; above those limits the VAT of the Customer’s country applies). The order summary shows the regime applied.
Steps for concluding the contract (art. 12 Italian Legislative Decree 70/2003): 1) the Customer chooses the plan and the add-ons, enters their data, verifies the email and, in the order summary, can check and correct any data by going back to the previous steps before sending the registration; 2) registration, subject to acceptance of the Terms, activates the FREE trial, without any obligation to pay; 3) to activate the paid plan, on the “Plan activation” page of the Panel the Customer chooses or changes plan and add-ons, checks the summary, accepts the Terms in force and confirms with the PayPal payment button or with the “Pay by bank transfer” button, which entail an obligation to pay. Orders and plan status remain available in the Panel.
The paid contract is concluded when the Customer, after accepting the Terms in force, completes the payment through PayPal (with a PayPal account or card) or confirms payment by bank transfer. The Provider does not receive or store card data. After payment the Customer receives a confirmation email with the order summary, which serves as confirmation on a durable medium; the invoice is issued in accordance with tax regulations.
Payment by bank transfer: with a bank transfer too the plan is activated immediately, but the activation is subject to verification of the payment. The Customer makes the transfer as soon as they receive the details (in the Panel and by email), stating the payment reference with the order number. If after 3 days the transfer has not been received, the Provider sends a reminder and the activation is suspended until the payment arrives: if the previous plan has expired, the Cards are not visible to the public (the data remains stored). To reactivate the plan the Customer makes the transfer and replies to the reminder attaching the receipt, or pays with PayPal. If the payment does not arrive within 30 days of the reminder, the order is cancelled and the account returns to how it was before the order. The 60-day refund period runs from the date the transfer is received; a payment made by bank transfer is refunded by bank transfer.
The plan lasts 12 months from the date of payment and is not renewed automatically. Before expiry the Customer receives an email reminder and can renew from the Panel. On expiry without renewal the Cards are no longer visible to the public; the data remains stored as indicated in the Privacy Policy and the Cards become visible again upon payment.
PRO Activation is a one-off service and is not renewed.
The Customer may withdraw from the contract and obtain a 100% refund of the amount paid, without penalty and without giving any reason, within 60 days of payment. For the Consumer this period includes and exceeds the 14-day right of withdrawal provided for by arts. 52 et seq. of the Consumer Code.
8.1) How to withdraw: from the 100% Refund page (“Refund request” form, with the account email and the order number), or with an explicit statement sent by PEC to evenue@pec.it or by email to ordini@dgcard.it, also using the form in Annex B. The date of sending is decisive. The Provider confirms receipt by email.
8.2) The refund is made with the same means of payment used for the purchase, normally within 48 hours and in any case no later than 14 days from receipt of the request, at no cost to the Customer.
8.3) After the refund the account is closed: the Cards are no longer visible and the data is kept for 365 days, during which the Customer can reactivate the account by paying for the plan; afterwards it is deleted.
8.4) The refund within 60 days is granted only once per person and per company: after a reactivation a new refund cannot be requested. The Consumer’s statutory 14-day right of withdrawal always remains unaffected.
8.5) After the periods indicated, no full or partial refunds are provided, except as set out in point 12.
For the Consumer, the legal guarantees of conformity of digital content and digital services provided for by arts. 135-octies et seq. of the Consumer Code remain unaffected.
The Customer decides which data, texts, photos, logos, trademarks, links and typefaces (fonts) to enter in the Cards and is solely responsible for their content. The Cards are public pages: by entering data the Customer requests its publication.
The Customer warrants that:
• they have the right to publish all content entered (copyright, trademarks, licences for fonts and images);
• they have informed the Card persons and, where necessary, obtained their consent to the publication of their data and image, and they remove or correct the data when a person asks or no longer works with them;
• they do not enter data belonging to special categories (art. 9 GDPR, e.g. health data) or relating to criminal convictions, nor data of minors;
• they do not use the Service for unlawful, offensive or misleading content, for spam or for activities that infringe the rights of third parties.
The Customer shall indemnify the Provider against any damage, cost or third-party claim (including from Card persons and authorities) arising from the content entered or from breach of this article.
The Provider does not check the content of the Cards in advance (art. 17 Italian Legislative Decree 70/2003) but, if it becomes aware of unlawful content, it removes it or disables access to it as indicated in point 10.
Anyone who believes that a Card contains illegal content may report it to info@dgcard.it stating: the address (link) of the Card, the reasons why the content is considered illegal, their name and email, and a statement that the report is made in good faith. The same address is the single point of contact for the authorities of the Member States, the European Commission and users; communications may be in Italian or English.
Reports are examined by a person, in a timely, diligent and objective manner, without automated moderation systems. The Provider confirms receipt to the reporter and informs them of the decision. If content is removed or a Card is disabled, the Provider informs the Customer of the reasons for the decision and the Customer may request a review by writing to the same address. If it becomes aware of information giving rise to a suspicion of a criminal offence threatening the life or safety of persons, the Provider informs the competent authorities immediately (art. 18 DSA).
For account, billing, payment, contact request and visit statistics data, the Provider is the controller, as described in the Privacy Policy.
For the data of the Card persons entered by the Customer, the Customer is the controller and the Provider is the processor pursuant to art. 28 of Regulation (EU) 2016/679 (“GDPR”), according to the Agreement in Annex A, which forms part of these Terms.
The Provider undertakes to keep the Service active 24 hours a day, 7 days a week. Interruptions may occur due to maintenance, faults, network or supplier problems, cyber attacks or force majeure; the Provider undertakes to restore the Service normally within 8 hours.
If the Service remains unavailable for more than 120 consecutive hours for reasons attributable to the Provider, the Customer is entitled to a refund of the unused part of the subscription, in proportion to the period of interruption.
Support is available from the Contacts page and via WhatsApp at +39 328 4154781, Monday to Friday during the hours shown on the Contacts page.
If the Customer is a Professional, the Provider’s liability for any damage related to the Service is limited to direct damage and does not exceed the amount paid by the Customer in the 12 months preceding the event; the Provider is not liable for indirect damage, loss of profit, loss of business or loss of data due to acts of the Customer or of third parties.
The Provider is not liable for the content entered by the Customer, for the operation of third-party services (e.g. PayPal, Apple Wallet, Google Wallet, the Customer’s domain providers) or for the content of external sites linked to the Cards.
These limitations do not apply in the event of wilful misconduct or gross negligence of the Provider or where the law does not allow them. If the Customer is a Consumer, the Provider’s liability is that provided for by law.
The Provider may suspend the Cards or the account, notifying the Customer, in the event of breach of these Terms (in particular of point 9), reported illegal content, fraudulent use of the trial or the refund, a request from the authorities or risks to the security of the Service. In serious cases the Provider may terminate the contract pursuant to art. 1456 of the Italian Civil Code; if the cause is not attributable to the Customer, the unused part of the subscription is refunded.
The Customer may close the account at any time by writing to ordini@dgcard.it; outside the cases in point 8 no refunds are provided.
During the contract and in the 365 days following closure, the Customer can download the contacts of each Card (vCard file) and request from ordini@dgcard.it, free of charge, the export of the data of their Cards in a commonly used format (CSV), which is provided within 30 days. The Provider cooperates in good faith in transferring the data to another provider indicated by the Customer.
The software, graphics, texts and the dgCard trademark are the property of the Provider or of their respective owners and are protected by copyright and industrial property laws. The Customer receives a non-exclusive, non-transferable licence to use the Service for the duration of the contract. Copying, modifying or reproducing the Site or the Service without written authorisation is not permitted.
The content entered by the Customer remains theirs: the Customer grants the Provider only the right to store and publish it in order to provide the Service. The trademarks mentioned on the Site belong to their respective owners.
The Customer agrees that communications relating to the contract (order confirmations, expiry reminders, service notices, changes to the Terms) are sent to the account email. Communications to the Provider are sent from the Contacts page, to info@dgcard.it or by PEC to evenue@pec.it.
The Provider may change these Terms for legal or technical reasons or due to the evolution of the Service. Changes are published on this page with the new date and notified to Customers by email at least 30 days before they take effect; within that period a Customer who does not accept them may withdraw with a refund of the unused part of the subscription. Each new payment requires acceptance of the Terms in force at that time.
The Terms are governed by Italian law, without prejudice to the more favourable mandatory rules of the country of habitual residence of the Consumer. Before taking legal action the parties seek an amicable solution.
If the Customer is a Consumer, the court of the place of their residence or domicile has jurisdiction; the Consumer may also use the alternative dispute resolution (ADR) bodies provided for by arts. 141 et seq. of the Consumer Code.
If the Customer is a Professional, the Court of Pescara (Italy) has exclusive jurisdiction.
Pursuant to arts. 1341 and 1342 of the Italian Civil Code, the Customer declares that they have read and expressly approve the following clauses: 5 (FREE trial only once and automatic checks), 8 (refund limits, account closure and refund only once), 9 (Customer’s responsibility for content and obligation to indemnify the Provider), 12 (service interruptions and refund limits), 13 (limitation of liability), 14 (suspension and termination), 18 (changes to the Terms), 19 (jurisdiction). Approval is given with a separate tick box upon registration and payment.
This Agreement forms part of the Terms and is accepted by the Customer (Controller) upon registration; evenue srls acts as Processor.
The Processor processes the personal data entered by the Customer in the Cards and in the offices only to provide the Service: storage (hosting) and backup, publication of the Cards, creation of vCard files, QR codes and Wallet passes, technical support and, if purchased, PRO Activation.
Data: first name, surname, role or position, photo, telephone numbers, email, office address, social profiles, links and other data the Customer chooses to enter. Data subjects: owners, employees, collaborators, agents and other persons appearing in the Customer’s Cards. The Customer does not enter special categories of data (art. 9 GDPR) or data relating to criminal convictions (art. 10 GDPR).
The Agreement lasts as long as the contract. On closure of the account the data is kept for 365 days without public access, to allow reactivation, and then deleted; the Customer may at any time request immediate deletion or export of the data (point 15 of the Terms). Backup copies are deleted at the end of their retention cycle.
The Processor processes the data only on documented instructions from the Controller: these Terms, the operations the Customer performs in the Panel and the Customer’s written requests. If an instruction infringes the law, the Processor informs the Controller. The Processor does not use the Card data for its own purposes or for advertising and does not disclose it to third parties, except where required by law.
Persons authorised to process the data are bound by confidentiality. The Processor adopts appropriate technical and organisational measures pursuant to art. 32 GDPR, including: encrypted connections (HTTPS), passwords stored in non-reversible encrypted form, restricted and protected server access, limitation of login attempts, a log of administrative access, periodic backups and software updates.
The Controller gives the Processor general authorisation to use sub-processors offering adequate guarantees, bound by the same data protection obligations. Currently: Shellrent S.r.l. (Italy, EU) for the server rental, the server being located in the data centre of Hetzner Online GmbH (Germany, EU). When a Visitor chooses to save a Card to Google Wallet, the Card data needed for the pass is sent to Google to create it. The Processor informs the Controller by email of any new sub-processor at least 30 days in advance; the Controller may object on legitimate grounds and, failing agreement, withdraw with a refund of the unused part of the subscription.
Card data is stored in the European Union. Any transfers outside the EU take place only with the safeguards provided for by arts. 44-49 GDPR (adequacy decision, e.g. EU-U.S. Data Privacy Framework, or standard contractual clauses).
The Panel allows the Controller to change or delete Card data directly. The Processor assists the Controller in responding to data subjects’ requests (arts. 15-22 GDPR) and forwards to the Controller without delay any requests received directly; it also assists the Controller with the obligations of arts. 32-36 GDPR (security, data breaches, impact assessments), taking into account the information available.
The Processor informs the Controller without undue delay, and in any case within 48 hours of discovery, of any personal data breach concerning its Cards, with the information available on the nature of the breach, its likely consequences and the measures taken.
At the end of the contract and of the retention period indicated in point A.3 the Processor deletes the data, unless the law requires it to be kept; at the Controller’s request it returns the data before deletion in the format indicated in point 15 of the Terms.
The Processor makes available to the Controller the information necessary to demonstrate compliance with art. 28 GDPR and allows audits, also by an auditor bound by confidentiality, with at least 30 days’ notice, no more than once a year except at the request of the supervisory authority, at the Controller’s expense.
The Controller warrants that it has a legal basis for publishing the data of the Card persons, has provided them with the information notice (arts. 13-14 GDPR) and handles their requests. Each party’s liability under art. 82 GDPR remains unaffected.
(complete and return this form only if you wish to withdraw from the contract - Annex I, part B, of the Italian Consumer Code)
To: evenue srls - Via Fino, 7 - 65013 Città Sant’Angelo (PE), Italy - PEC: evenue@pec.it - email: ordini@dgcard.it
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service: dgCard, plan ______ , order number ______
Ordered on ______ / paid on ______
Name of consumer(s): ______
Account email: ______
Address of consumer(s): ______
Signature of consumer(s) (only if this form is notified on paper): ______
Date: ______
(*) Delete as appropriate.
evenue srls
