CONDITIONS OF USE

  1. Introduction

Thank you for choosing Secret Maps. Secret Maps offers a personalized service, which allows you to discover curiosities of the area, through the use of free or paid content.

By making a payment or using any of the services of Secret Maps, including all the related functions and features, the website and interface, as well as any content and software applications associated with our services (collectively, the « Secret Maps Service » or the « Service »), or by accessing any content or material, videos or similar made available through the Service (the « Content »), you (the « User ») sign a binding contract with the contracting party Secret Maps LLC (hereinafter refered to as « Secret Maps »), with registered office in Corso Lodi, 123 – 20139 – Milano, Italy – P.IVA 10238260961, REA MI 2515957.

The agreement between Secret Maps and the User includes all the points of these Conditions of Use. The User acknowledges that they has read, understood and accepted the Conditions of Use, and agrees to be bound by them. If the user does not accept (or does not respect) these Conditions of Use, they will not be able to use the Secret Maps Service or have access to its Content.

To use the Secret Maps Service and access the Content, you must (a) be of legal age (under the law of the respective countries); (b) have the ability to enter into a binding contract with Secret Maps and have no restrictions in respect to this under any applicable law and (c) reside in a country where the Service is available. Furthermore, you acknowledge that all the information you provide to Secret Maps, to register, is true, accurate and complete, and you agree to keep it as such at all times.

  1. General information on content

2.1. Liability

Secret Maps can not be held liable for any damage that may result to the user due to any errors and/or omissions in the content of the site www.secretmaps.net (hereinafter referred to as « the Site ») and the App called Secret Maps (hereinafter referred to as « the App »).

Secret Maps can not be held liable for the content of the sites mentioned in the pages of its Site and any blogs linked to it and assumes no responsibility for any cessation or modification of the operations regarding the sites in question, indicated for informative purposes only, or for any dispute directly or indirectly related to the content of the sites and for any damage that may arise.

The content of the Site and the App does not represent a newspaper as they are updated without any periodicity. Therefore, it cannot be considered as an editorial product within the meaning of Law no. 62 of 7.03.2001. Some of the texts or images included in the database are taken from the Internet and, therefore, considered to be of the public domain; if their publication violates any copyright, please notify us by email. It will be removed immediately. Some text refers to legends or myths that may be inaccurate or false, for which no responsibility can be attributed to Secret Maps. If their publication should damage the dignity or cause damage or offence to someone, please notify us by e-mail. It will promptly be removed. Some images may also have no relation with the referenced text and may therefore only be used as an example. Secret Maps will not be held liable for any damage that may result from the use of these images.

The content on the Site and App are imported from the databases owned by Secret Maps, and where there is no explicitly different specifications, are published under a Creative Commons Attribution license -ShareAlike (CC BY-SA).

Some of the content of the App is inserted with an API (Application Programming Interface), freely provided by other companies. Secret Maps therefore cannot be held liable for such content or for any damage that may occur to the users due to any errors and/or omissions, or for any dispute directly or indirectly related to the user or any copyright violations and for any damage that may result.

Finally, Secret Maps can not be held liable for the sites that are connected through links, nor for their content, which may be subject to change over time. The links on the Site and App which refers to external social networks (such as Facebook, Twitter, etc.) allows the user to share the information and is governed by the terms of contract and disclosure related to the processing of data of the providers of external services.

2.2. User generated content

Users of Secret Maps can contribute to the Service by providing voluntary and free of charge content, which after evaluation and potential modification by Secret Maps, can be distributed on the Site and / or the App. If certain requirements are met (see paragraph 4.2.2.), users can also provide content as Providers, earning from their content.

Secret Maps can not be held liable for the content provided by users and assumes no responsibility for any dispute, directly or indirectly related, copyright infringements or any damage that may result. Users who provide content to the company therefore assume full responsibility for the content provided.

All content provided by users are evaluated by Secret Maps, which has the unquestionable right to decide whether or not to publish and distribute it on the Site or App, and to proceed with its deletion from the aforementioned if it deems necessary.

The contents provided by users must also comply with the following guidelines:
a) The content may not calumniate, misrepresent or contain derogatory remarks regarding any person, product, service or company.
b) The content may not be sexually explicit, obscene or offensive, endorse any form of hatred or group hatred, or be violent or derogatory of any ethnicity, gender, religion or profession.
c) The content may not promote alcohol, drugs, illegal substances, tobacco, firearms or weapons of any kind or promote the use of any of the above mentioned, or any activity that may be dangerous or carry political messages.
d) The content may not contain trademarks, logos or trade images owned by others, advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses – without prior and explicit permission, which must be sent to Secret Maps, when requesting the publication of the content.
e) The content may not contain copyrighted material owned by others (including photographs, sculptures, paintings and other art works or images published on websites, television, film or other media) without prior and explicit permission, which must be sent to Secret Maps when requesting the publication of the content.
f) The content cannot violate any law.

  1. Summary of the main terms and conditions of sale

These terms and conditions of sale govern the offer and sale of services on the Secret Maps Site and App which is produced by Secret Maps LLC, with registered office in Corso Lodi, 123 – 20139 – Milan, Italy – P.IVA 10238260961, REA MI 2515957.

We invite you to carefully read all the Conditions of Use before placing your order, as the following is only a summary of the main terms and conditions of sale.

AUTHORIZED PERSONS TO BUY: only adult consumers can be customers of the Site and the App.

PROVIDERS: only users recognized as certified tourist guides can offer content on the Site and on the Secret Maps App, or alternatively Secret Maps.

OFFER: Secret Maps offers a personalized service of access to free content for travel or leisure (hereinafter, « Free Content »). The user can also access paid content (hereinafter « Premium Content ») such as videos, podcasts, audio material and digital tourist guides, created and offered by the Providers. The offer also includes paid services provided directly by Secret Maps (hereinafter also referred to as « Premium Services »).

With regards to the Premium Content, Secret Maps can not be held liable for the adequacy of the content provided by the Provider and for the consequences arising from their use.

PRICE: The price for accessing Premium Content and for purchasing Premium Services are indicated in Euros and always include VAT.

PURCHASE PROCEDURE: In order to send a purchase order to access the Premium Content and/or to use the Premium Services, the completion of the forms that constitute the online procedure is required (to be considered a contractual proposal). By sending a purchase order to Secret Maps, you declare (a) that you have fully read and understood the description of the content or service (b) that you unconditionally accept and agree to comply with the terms of these Conditions of Use.

ORDER MANAGEMENT: Once the online process is complete, the purchased Premium Content and/or Premium Services will be made available to you immediately.

PERSONAL DATA: for more information related to the processing of personal data, please consult the Privacy Policy section.

For more information, you can contact the Secret Maps team at the following email address info@secretmaps.net.

  1. Scope of application

Access to Premium Content and Premium Services is offered for sale only to (a) consumers (pursuant to Legislative Decree no. 206/2005), i.e. any physical person acting in the purpose other than the business of Secret Maps; (b) persons of legal age (as per the laws of the respective countries).

Secret Maps has the right to refuse the processing of orders from parties other than those authorized to purchase under points a) and b) and any other orders which do not comply with these Conditions of Use.

Secret Maps sells on the Site and on the App:

(a) Access to Premium Content, i.e. videos, podcasts, audio material and digital tourist guides, created and offered by Providers (hereinafter Mode A);

(b) Premium Services, i.e. leisure or travel services created by Secret Maps (hereinafter Mode B).

4.1. Rules common to Mode A and B

4.1.1. Information and price

All Premium Content and Premium Services offered by Secret Maps on the Site and App contain a detailed description and price, indicated in Euro, and is inclusive of VAT.

In accordance with the terms of art. 7-ter of the Legislative Decree no. 633/72, VAT is applied in the invoice, both to individuals who are residents, for tax purposes, in Italy and to those who are not residents, for tax purposes, in Italy.

By submitting the purchase order, you declare that you have fully read and understood the description of the Premium Content or Premium Service selected.

4.1.2. Exclusion of responsibility

Secret Maps is exclusively responsible for the sale of services that it has provided in its own name and on its own behalf (Mode B). In any other case, Secret Maps can not be held liable for any content from Providers (Mode A). To the maximum extent permitted by the applicable law, the User agrees to exclude the responsibility of Secret Maps for any costs, expenses, losses or liability that they may be incurred due to any breach of these Conditions of Use by a Provider and / or any event that may in any way be related to the content provided by that Provider.

4.1.3. Payment

Before sending the purchase order, the user is required to provide information to process their payment through the payment method selected from those available (for example, credit card information).

All financial details (i.e. credit card number or expiry date) are sent via protocol to Stripe or Paypal or other payment service providers available, from time to time on the Site and App, without third parties having access to it. These details are not used by Secret Maps except to complete the procedure relating to the purchase, to provide refunds or to report cases of fraud to the police authorities.

4.1.4. Conclusion of sale

An order is considered sent once Secret Maps receives the purchase order electronically and the information given is verified and deemed correct.

The contract is considered concluded when – for an authorized payment through the Site or App – Secret Maps provides access to the requested Premium Content or the possibility to use the selected Premium Service.

4.1.5. Invoicing

Secret Maps will send the invoice or receipt of payment, for the amount received, directly to the user.

4.2. Arrangements applicable to Mode A

4.2.1. Sale of access to Premium Content

With reference to the Premium Content, upon the acceptance of the order and the authorized payment through the App, Secret Maps will provide the user with immediate access to such content.

4.2.2. Identification and acceptance of the Provider

In order to be able to offer paid access to their content on the Site or on the Secret Maps App, a user must first join the list of Providers. As such, the user must send a photograph of their licence, which identifies them as a certified tourist guide, using the online procedure provided for this purpose on their personal profile page, entering all the information required to verify their profession. Secret Maps accepts among its Providers only and exclusively certified tourist guides.

Once the verification process is complete, Secret Maps will allow the user to be part of its list of Providers.

4.2.3. Failed identification and withdrawal

If the verification process of the requirements of the user is not successful, or if doubt arises as to the fulfilment of such requirements, Secret Maps reserves the right not to accept the applicant among its Providers, without providing any justification in this regard and without any rights of the applicant being violated.

Secret Maps also reserves the right to terminate, at any time, the relationship with the Provider, without having to justify the reason of termination, and to prevent access to the Site or the App without justification. The Provider’s right to receive any amount due remains unaffected.

4.2.4. Responsibility of Premium Content

As stated in paragraph 2.2. and paragraph 4.1.2., the Provider is solely responsible for the content he offers through the Site and the App (the Premium Content) and both the Provider and the purchaser agree not to attribute any responsibility to Secret Maps for any costs, expenses, loss or events related to such content. No responsibility can be attributed to Secret Maps for such content.

4.2.5. Rights and obligations of the Provider

By submitting their Premium Content on the Site and App, the Provider grants Secret Maps a non-exclusive, transferable, sublicensable, free, perpetual (or, in jurisdictions where this is not permitted, for a term of (20) years), irrevocable, world-wide license to use, reproduce and communicate such content to its users, by any means, whether alone or in conjunction with other content or material, in any manner and by any means, method or technology, whether existing or in the future. Apart from the rights specifically assigned herein, the Provider retains the ownership of all rights, including intellectual property rights related to the content. Where relevant and permitted by the applicable law, the Provider also agrees to waiver and not exercise any « moral rights » or equivalent rights, such as the right to be identified as the author of any Premium Content.

Should the collaboration with Secret Maps LLC be discontinued, the Provider has the right to remove their data from the App and from the Site. In this case, the Premium Content that the Provider has made available is obscured by the store and can no longer be offered for sale by Secret Maps. However, the Provider accepts that such Content remains available to all who have already paid for access.

4.2.6. The Clients’ rights and obligations

Users who purchase access to Premium Content may only use such content for entertainment purposes. They accept that they may not, in any way and for any reason, use the content for commercial purposes, or distribute it outside the App and the Site, free of charge and/or for a fee, and that they cannot claim rights to such content for which the Providers retain the ownership.

4.2.7. The Provider’s fee

For each sale of Premium Content, Secret Maps retains 30% of the price established by the Provider (excluding VAT). The remaining 70% is the Provider’s compensation.

4.2.8. The Provider’s payment methods

In order to receive their amount due, the Provider may issue an invoice at the minimum threshold of 100.00 Euro (excluding VAT) payable by:

Secret Maps LLC,

Corso Lodi, 123 – 20139 – Milan, Italy – P.IVA 10238260961, REA MI 2515957

Recipient code: W7YVJK9

Pec: info@secretmap.net

Once the invoice has been received, Secret Maps will transfer the compensation due within 30 working days.

  1. Final Remarks

 5.1. Privacy

With regards to the use of personal data, we recommend that you consult the entire Privacy Policy of Secret Maps.

5.2. Modifications

The Conditions of Use may be amended at any time as a result of new laws or regulations being introduced or for any other reason. The new Conditions of Use are effective from the date of publication on www.secretmaps.net. We recommend that you visit this section of the Site regularly to verify that the most recent and updated Conditions of Use have been published.

5.3. Miscellaneous

If any part of these Conditions of Use is found to be unlawful, invalid, ineffective or contrary to the law following the final decision of a competent court, it will be removed, while all the other parts of these Conditions of Use will be considered fully effective and valid.

Secret Maps reserves the right to transfer and/or assign any right under these Conditions of Use to a third party without restrictions.

5.4. Applicable law and jurisdiction

These Conditions of Use are subject to Italian law and in particular to the Legislative Decree no. 206/2005 regarding distance selling and Legislative Decree no. 70/2003 regarding certain aspects of electronic sales. If the user is a resident of an EU country other than Italy, in accordance with Article 6 of Regulation No. 593/2008, he/she will also be protected by the mandatory regulations of the country where he/she resides.

For any disputes related to this contract, the Court of Milan shall have exclusive jurisdiction.

—————————————————————————————————————————-

PRIVACY POLICY IN ACCORDANCE WITH EU REGLUATION 679/2016 (“GDPR”)

1. Purpose of processing: Secret Maps LLC, with registered office in Corso Lodi, 123 – 20139 – Milan, Italy – P.IVA 10238260961, REA MI 2515957, in its capacity as Data Controller, uses the personal data of the parties involved in the processing (hereinafter, the « Interested Party« ), and in particular of the users who use and/or offer the services available on the website www.secretmaps.net, (hereinafter, the « Site« ), its sub-domains or through the Secret Maps mobile app (hereinafter, the « App« ). Personal data is provided directly by the interested party or, in the particular case of accessing the Site or the App with the credentials of Facebook or Google, by this third party company. Personal data may be processed for the following purposes:

a) registration administration to the Secret Maps Site or App;
b) distribution of the search engine service providing information on the territory;
c) sale of access to content such as videos, podcasts, audio material and digital tourist guides (hereinafter, the « Premium Content »), created and proposed by certified tourist guides (hereinafter, the « Providers« );
d) sale of leisure/travel services offered directly by Secret Maps (hereinafter, the « Premium Services« );
e) publication of and access to reviews written by interested parties in relation to the content or services offered on the Site and/or App;
f) service communication with the Providers in relation to the Premium Content;
g) management of administrative procedures and payments;
h) sending, by Secret Maps, promotional communication regarding discounts, offers, events or services similar to those previously purchased by the interested party, only with the explicit consent of the interested party;
i) sending, by Secret Maps, promotional communication regarding discounts, offers, events or services different from those previously purchased by the Interested Party, only with the explicit consent of the Interested Party;
l) profiling activities, i.e. evaluating the interests, preferences and consumption habits of the Interested Party, including by means of an invitation to participate in market research, only with the explicit consent of the Interested Party;
m) communication of the data of the Interested Party to third party companies that are partners of Secret Maps for the purpose of sending commercial and promotional communication by the aforementioned companies, only with the explicit consent of the Interested Party.

The legal basis for processing personal data is the execution of a contract and providing of the requested service (for the purpose referred to in points a), b), c), d), e), f), g) and the consent of the data subject (for the purpose referred to in points h), i), l), m).

2. Method of processing: Secret Maps informs you that: a) for the purposes mentioned above, the data of the interested party will be processed using informatic, telematic, paper and manual tools, in compliance with the confidentiality and security rules established by the law; b) in the case of consent to profiling, an automated process will be used in order to place the interested party in a category of subjects with homogeneous characteristics on the basis of services from which they will benefit, the market analysis in which they may have participated in and their demographic class.

3. Contribution of data and consequence of possible refusal: The provision of personal data is optional. However, failure to provide personal data for the purposes referred to in point 1 letter a), b), d), e), g) may prevent Secret Maps from providing  services to the interested party and / or allow them to offer their Premium Content. Failure to provide data for the purpose referred to in point 1 letter c) and f) may hinder you from submitting Premium Content and/or have access to this type of content. Any subsequent opposition or revocation of consent to the processing of personal data for the above purposes will also result in the immediate suspension of use of the relevant services. Any refusal to consent to the processing of personal data for the purposes referred to in point 1 letter h), i), l), m), will not have any consequences, except for not: being informed about discounts, offers, services or events of Secret Maps and any initiatives to measure customer satisfaction of Secret Maps, receiving commercial communication of interest from Secret Maps and receiving promotional communication from partner companies of Secret Maps.

4. Disclosure of data: the data of the interested party will not be disclosed, except, at the discretion of the interested party, for the purposes referred to in paragraph 1 letter. e).

5. Data communication: Within the organisation of Secret Maps, data may be processed by the persons in charge of the competent offices for the performance of various processing activities (e.g. Commercial, Marketing, IT). We may share personal data with other partner companies, for example to provide the required products and services; to manage and improve our products, services and day-to-day operations; to help us personalize your experience; if applicable, to contact and interact with you; and when permitted and appropriate, for marketing and research purposes. We may also share your personal information with an organization to whom we sell or transfer (or enter into sale or transfer negotiations with) any of our activities to or any of our rights or obligations under the agreement we have with you. If the transfer or sale continues, the organisation receiving your personal data may use it in accordance with the above privacy policy. In order to provide its service, or for other the purposes for which the interested party has given their consent, Secret Maps may disclose personal data to third parties that perform consulting activities for the company, its affiliates and its Providers within the European Union, to perform certain functions necessary to provide the services of Secret Maps (such as executing orders, sending mail and e-mails, providing commercial assistance, processing payments with credit cards and providing services to customers). Such parties will have access to the personal data necessary to perform these functions (and may not use it for any other purpose), and will be required to process the data in accordance with thr applicable law. The aforementioned Providers will act as data processors appointed by Secret Maps and will be integrated in an updated list, which can easily and freely be known by sending a request to the address indicated in paragraph 8 of this Policy.

6. Data retention: The personal data of the interested party will be stored on servers located within the European Union. The personal data collected for processing purposes indicated in letter (a) and (b) of point 1 will be kept for the entire duration that the Interested Party is registered on the Site or Secret Maps app, or until the request for cancellation of data is submitted by the user. The personal data collected for processing purposes indicated in paragraph 1 letter (c), (d), (f) and (g) will be kept for as long as necessary in order to provide the services purchased or requested, and subsequently for a period not exceeding the limitation period provided by the law. The personal data collected for the purposes of processing indicated in letter (e) of paragraph 1 will be kept until the interested party withdraws their  consent to the publication of reviews or requests the deletion of their data. The personal data collected for the purposes of processing indicated in letter h), i), l), m) of point 1 will be kept until the interested party revokes their consent to receiving commercial communication from Secret Maps, or revokes their consent to the profiling of preferences, or revokes their consent to receiving commercial communication from partners of Secret Maps or requests the cancellation of their data, except for the exceptional case, to keep the data in order to defend the rights of Secret Maps in relation to disputes existing at the time of the request, or on the instruction of public authorities.

7. Rights of the Interested Party: The Interested Party has the right to: a) obtain the cessation of processing in cases where their personal data is processed for direct marketing purposes, including to services identical to those already provided by our company (so-called right of opposition); b) obtain information in relation to the purpose for which their personal data is processed, the period of processing and the persons to whom the data is disclosed (so-called right of access); c) obtain the rectification or integration of inaccurate personal data concerning the Interested Party (so-called right of rectification); d) obtain the cancellation of personal data e)  have their personal data kept, without being used, in the following cases where (i) the Interested Party contests to the accuracy of personal data, for the period necessary to allow us to verify the accuracy of such personal data; (ii) the personal data is necessary for the ascertainment, exercise or defence of a right in court; (iii) the Interested Party has objected to the processing of their personal data while awaiting verification as to whether our legitimate reason for processing prevails over theirs (so-called right of limitation); f) receive, in a readable format, the personal data concerning the Interested Party, if it has been processed under contract or on the basis of consent (so-called right of portability). The interested party also has the right to apply to a Guarantor for the protection of personal data, in order to assert their rights in relation to the processing of their personal data.

8. Cancellation: Secret Maps, in compliance with the corresponding right of access to the Interested Party, has set up procedures for which the interested party can request immediate cancellation of their personal data for the following reasons: (i) the data is no longer necessary for the purpose for which it was collected; (ii)  the Interested Party has withdrawan their consent to the processing of their data on the basis of their previous consent; (iii) the Interested Party has objected to the processing of their personal data in the event that it is processed for our legitimate interest; or (iv) the processing of the Interested Party’s personal data is not compliant with the law. However, Secret Maps is permitted to retain the Interested Party’s personal data when it is necessary to comply with a legal obligation or to ascertain, exercise or defend a right in court (the so-called right of cancellation).

9. Methods of exercising rights: All the rights indicated in the previous paragraphs may be exercised by the Interested Party by e-mail: secretmapssrl@legalmail.it.

10. Data Controller and Data Processor: in accordance with art.24 of the GDPR, the data controller is Secret Maps LLC, with registered office in Corso Lodi, 123 – 20139 – Milan, Italy – P.IVA 10238260961, REA MI 2515957.

Without prejudice to the fact that Secret Maps does not carry out any processing operations other than that explicitly authorized and/or requested by each user, this information may be subject to change in order to comply with new legal regulations, changes to policies of processing personal data by Secret Maps and/or following changes to the characteristics of the Site, App and / or services of Secret Maps. Every update of this information will be made available on the Site and App in the dedicated section: Secret Maps invites all its users to periodically consult the above section in order to always be informed of the latest version published.