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Legal informations

General conditions of contract and license agreement

(A) – INTRODUCTION

Our customers are invited to read the following General Conditions of Contract carefully. These General Conditions are applicable to all contractual agreements concerning use of Foto Locchi S.r.l. photographic images stipulated between the customer and Foto Locchi S.r.l., including agreements stipulated via the www.fotolocchi.it website.
This document also contains information provided as required by and to all effects of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and, in particular, Section I of Title III of Part III.

(a) Foto Locchi S.r.l. – VAT no. 00395940489, R.E.A. (Index of Economic and Administrative Information) no. FI-63487 with registered headquarters in Florence, Via del Corso 21R, phone +39 055 213743, email info@fotolocchi.it – is the creator and sole owner, author, and maker (ex Art. 12-bis of Law no. 633/1941 [Law for the Protection of Copyright and Neighboring Rights) of the Archivio Storico Foto Locchi Data Bank (“Data Bank”) compiled from its photo archives (which enjoys ministerial protection).
(b) The Data Bank is protected under the above-cited copyright statute (Art. 1 § II sub 9), which, in detail, grants to Foto Locchi S.r.l., in its qualities as specified above, the exclusive rights set forth in Arts. 64-quinquies and 102-bis and -ter of the above-cited law, independently of the protection afforded the contents of the Data Bank under the articles on author’s rights as such.
(c) All the images displayed on the www.fotolocchi.it website, which customers can locate using appropriate IT search tools / which constitute the object of the contractual agreement (hereinafter, “Contract”) are rights-managed digitized photographic images (“photographic images” in accordance with and to all effects of the above-mentioned law), solely owned by Foto Locchi S.r.l. – which holds the original negatives, in roll film format, of photographs taken since the 1930s by professional photographers commissioned by Foto Locchi S.r.l. – and, likewise, of exclusive pertinence of the Data Bank.
(d) “Rights-managed” images are photographic images, the economic use rights in which are granted by license for the single use requested by the customer and expressly authorized by the rightholder/owner.
(e) In its qualities as specified above, Foto Locchi S.r.l. may grant the right to economic utilization – and therefore extraction and re-use of the rights-managed images contained in the Data Bank – by authorization and/or under use license.
(f) Said authorization/use license is granted by Foto Locchi S.r.l. through stipulation with the consumer or professional customer of a Contract governed by the Italian Civil Code, the provisions for protection of the authors’ rights, Legislative Decree no. 206/2005, and these General Conditions of Contract.
(g) Hereinafter, the acronym “BD-FL” shall stand for Foto Locchi S.r.l. and/or the Data Bank.

(B)-COMPING USE

(1-Definition of Comping Use) “Comping use” is understood as the personal, non-exclusive, non-transferrable right which BD-FL may grant to the customer to download and use an image/images, in medium resolution and watermarked, for the sole purpose of previewing, creating personal/in-house presentations and preliminary layouts such as to allow the customer to evaluate whether or not to stipulate a Contract the object of which is BD-FL photographic material. BD-FL grants the customer access for comping use via download from the My Account area of the www.fotolocchi.it website or via delivery of the digital material by email.
(2-Definition of Watermark) The “Watermark” is the visible overlay on the digital photograph which identifies the rightholder as BD-FL.
(3-Time Limit on Comping Use) Comping use rights are granted for a limited period of 30 (thirty) days from the date an image is downloaded from the BD-FL website or sent via email, after which term the image must be removed by the customer from any and all supports on which it is stored, as must also the copy mentioned in point 4 below.
(4-Copy) The customer may create a single copy of each image authorized for comping use for the sole purposes of previewing and evaluation. It is understood that upon expiry of the aforementioned term, no use whatsoever of the aforementioned copy is granted; said copy must be permanently deleted from the customer’s computer memory and/or from any other support on which it may be stored.
(5-Restrictions and Exclusions) Customers licensing material for comping use only waive any right to:

  • make use of the image/s for any advertising, promotional, editorial, or for any other commercial use;
  • create derived products which incorporate the image/s in whole or in part and in any manner;
  • sub-license, sell, publish, distribute, or otherwise make the image/s and/or parts thereof available;
  • publish the image/s on the Internet, on websites of any type (including the social networking sites) or by other electronic information-sharing systems;
  • remove the watermark or other digital ID embedded in the image/s;
  • make use of the image/s for any purpose different from comping use as defined above without having first been granted authorization by BD-FL or obtained a license to use the images in accordance with the conditions set forth in the following section.

C - USE RIGHTS AND PURCHASE OF ARTISTIC PRINTS OR OTHER MATERIAL INCORPORATING BD-FL IMAGES

(6-Scope and General Content of Acquired Rights) Customers may purchase artistic prints and/or other material incorporating images owned by BD-FL, just as they may be granted use rights in the images, by BD-FL, for the single use requested by the customer and expressly authorized by BD-FL. The authorization/license so granted for use of the images or supply of artistic prints or other material incorporating images owned by BD-FL shall not be construed as constituting transfer of ownership or of any right, whether moral right, author’s right, or right to acknowledgment as author, in the image/s in question. The general procedure for stipulating a Contract is described in points 7, 8, 10, and 11 below. A Contract may be stipulated electronically in the manners set forth on the www.fotolocchi.it website or via exchange of individual communications (e.g., exchange of email messages).
(7-Request for Estimate) The customer must send a non binding “request for estimate” specifying the artistic prints and/or other material incorporating images owned by BD-FL which he/she intends to purchase and/or the use/s to which he/she intends to put the image/s and all pertinent details of use (including context/territories, dates/duration, modes of use, modes of publication, etc.).
(8-Estimate) Basing its reply on the customer’s request for estimate, BD-FL will specify the applicable fee for the service requested (“Estimate”), which will be calculated on the basis of the information provided by the customer, which must therefore be as complete and accurate as possible.
BD-FL reserves the right to refuse any request for estimate at its sole discretion.
(9-Fee) The nature of the service offered by BD-FL is such that it is not reasonably possible to calculate in advance – and prior to delivery of the Estimate – either the fee or the shipping costs to be charged to the customer. The overall cost of a service will, in fact, vary in relation to the customer’s request and, accordingly, to the number of images, the type, the context/territories, and the dates/duration of the requested use as well as to the type of material incorporating the image/s, which will be reported exactly in the Estimate together with any applicable taxes and shipping costs, based on the information supplied by the customer in the request for estimate.
(10-Confirmation of Order) With his/her successive communication (“confirmation of order”), the customer may accept the offer price and the limitations set forth in the Estimate; by so doing, the customer also accepts all the General Conditions of Contract and the licensing terms and conditions set forth in this document (and in the Estimate), which are understood as being knowable by and known to the customer, as well as any different conditions applicable to the single Contract (as set forth in the request for estimate and reported in the Estimate). Pursuant to confirmation of order, the customer shall have the duty to pay the agreed-upon amount to BD-FL; by confirming the order, the customer expressly acknowledges the obligation to pay the amounts owed.
(11-Confirmation of Contract) Pursuant to receipt of confirmation of order, BD-FL will send another communication (“Confirmation of Contract”) to the customer, confirming stipulation of a binding contractual agreement between the parties and containing a summary of the terms and conditions of the Contract and an invitation to proceed with payment of the amounts owed. In the case of contracts stipulated electronically via the www.fotolocchi.it website, all the information and documents relative to the contract stipulated will (also) be available at customer’s My Account area.
(12-Modes of Payment and Delivery; Product Characteristics) Payment may be made in any of the manners set forth below:

  • credit card
  • PayPal
  • bank transfer.

Delivery – in the case the customer purchases artistic prints or other material incorporating BD-FL images or digital content on material support/s – will be made within thirty (30) days by courier. Material products (artistic prints or other support/s incorporating BD-FL images) supplied by BD-FL do not contain materials or substances hazardous to man, object, or the environment. The specifications of the materials used and the manufacturing methods employed, as well as instructions and precautions for use (where applicable) are reported in the single product data sheets.
(13-Use License, Delivery of the Digital Content, and Specific Restrictions) Within 5 (five) days of receipt of payment of the total amount specified in the Estimate or invoice, BD-FL shall send the image/s to the customer via email, as a digital file in the format specified by the customer, or on a material support, if so requested, or to the appropriate area of the customer’s My Account space. By so doing, BD-FL – grants the user the non-exclusive (unless otherwise specified in the Estimate or invoice) right, which is not sublicensable nor transferrable, in whole or in part, to make use of the image/s that is/are the object of the Contract. The digital files have the following characteristics (also in terms of interoperability with software and hardware) and features: 300 dpi jpg. or other resolution and/or extention agreed. Digital files are also protected by technical means such as Digimarc or other digital ID. The rights in the images granted by BD-FL under license are strictly limited to the specific uses, medium/media, duration of license, circulation (“print run”), image size, territory, and any and all other restrictions on use set forth in the Estimate or the invoice. Unless otherwise specified in the Estimate, any second use of the image/s, even if identical, is prohibited. BD-FL reserves all rights not specifically granted to the customer. Any further use or use different from that stipulated and expressly set forth in the Estimate must be stipulated in advance with BD-FL, in writing, and shall be subordinate to payment of an additional fee by the customer. The above-stated limitations shall also apply in the case of supply of artistic prints or other material incorporating BD-FL photographic images.
(14-Invoice) At the time of receipt of payment, BD-FL will issue an invoice explicitly referencing the Estimate as accepted by the customer and reporting the specifics of the product/s requested and the authorization/license for use, the restrictions on use, and the authorized use, in summary form.
(15-Right to Reproduce Images) In the case a right to reproduce the image/s is granted, the customer pledges to carry out said reproduction in respect of good artistic and technical practice and to ensure that the reproduction/s is/are faithful to the original image/s supplied by BD-FL in terms of color (hue and shading/tonality) as well as in terms of definition.
(16-License for Third-party Use) Should the customer request authorization/license for use on behalf of a third party, for example a licensee, the customer hereby states and guarantees the following: the customer is authorized to act as agent of the third party and has been granted powers sufficient to obligate said third party to abide by the agreed terms and that, should the third party later contest said power or authority, the customer shall be personally bound by and shall assume full personal responsibility for any breach of or failure to observe these General Conditions, or any special conditions set forth in the Estimate, committed by said third party.
(17-Discontinuance of the Use Right) At the end of the period of time for which use is granted, or should the contractual agreement be terminated for any reason, including withdrawal from the Contract, the customer shall immediately cease use of the image/s and remove same from any and all supports on which it/they reside.
(18-Legal Guarantee of Conformity) The customer has the right to the legal guarantee of conformity provided by the Italian Consumer Code (Arts. 128 ff.), which offers protection in case of purchase of products which are defective, malfunctioning, not for the particular purpose required by the customer or stated by BD-FL, or for which the product is generally intended. The customer may avail him/herself of the rights granted by the legal guarantee of conformity by communicating directly with BD-FL (even though BD-FL cannot properly be considered a manufacturer). In the presence of a defect of conformity, the customer has the right to choose between repair or replacement of the defective product by BD-FL, without charge, except in the case that the remedy requested be impossible to provide or excessively costly with respect to the other. Should replacement or repair not be possible, the customer has the right to a reduction in the price or to reimbursement of an amount commensurate with the value of the goods, upon return of the defective product to BD-FL. The legal guarantee has a duration of two years from the date of delivery of the product and the customer must report the lack of conformity within two months of discovery of the defect. Under said legal guarantee, BD-FL will take delivery of the defective product in order to verify whether the malfunction depends on a lack of conformity. In particular: (i) for defects which arise within six months of delivery of the product, the aforesaid verification shall always be at the expense of BD-FL, since it is presumed that defects manifesting within that period already existed at the time of delivery; (ii) after the aforesaid period, and solely in the case that the malfunction does not depend on a lack of conformity, the customer may be requested to reimburse the (reasonable and previously communicated) costs sustained by BD-FL for conducting the verification. In the case lack of conformity is established, BD-FL will repair or replace the goods within a reasonable period from the time of the request with no charge to the customer.
(D)- TERMINATION/WITHDRAWAL
(19-Manners, Consequences, and Duties of Reimbursement; Returns and Limitations) The customer may withdraw from the Contract stipulated with BD-FL within 14 days from the date of stipulation, with no penalty and with no need to give any reason for termination, by explicit statement of his/her intention by post or email. For the purposes of communicating withdrawal, BD-FL is legally headquartered in Florence, Via del Corso 21R and its contact addresses/numbers are +39 055 213743 (phone), info@fotolocchi.it (email). The term of 14 days within which the above-mentioned statement of intent must be sent shall begin on the date of stipulation of the contract (that is, the date of the “Confirmation of Contract” communication) in the case of digital content not supplied on physical support; said term shall begin on the date on which the customer receives the physical product (or the last of the products ordered, in the case of multiple products delivered separately) in the cases of artistic prints or other material incorporating BD-FL images or of digital content on physical support. Should the customer withdraw from the Contract, all payments made by the customer to BD-FL will be refunded, including any delivery costs (to the exception of any additional costs deriving from the customer’s choice of a delivery method different from the less costly standard delivery method offered), without undue delay and in any case no later than 14 days from the date on which BD-FL is informed of the customer’s decision to withdraw from the Contract. Said refund/s will be made by the same method of payment used by the customer for the initial transaction unless the customer should expressly indicate otherwise; in any case, no costs will devolve upon the customer as a consequence of said refund. In the case in which the object of the Contract is artistic prints or digital content on physical support incorporating BD-FL images, should the customer withdraw from the contract, the customer is required to sustain the costs of returning the product/s, which must be returned without undue delay and in any case no later than 14 days from the date on which the customer communicated to BD-FL the intent to withdraw from the contract. In accordance with applicable law, the burden of proof in regard of exercise of the right of withdrawal shall fall entirely to the customer; BD-FL therefore recommends that notice of withdrawal be sent via registered letter with advice of receipt or equivalent means. The customer’s right of withdrawal is excluded, in the case of digital content not supplied on a physical support, should execution of the Contract have been initiated with the express agreement of the customer and his/her understanding that in this case he/she shall forfeit the right of withdrawal in accordance with Art. 59 § o) of the Consumer Code; the right is excluded should the customer purchase artistic prints or other material incorporating BD-FL photographic images which has been clearly customized (Art. 59 § c) of the Consumer Code).
(E)- RESTRICTIONS ON USE
(20-Restriction on Reproduction and Similar Restrictions) Without prejudice to any different conditions stipulated in the estimate and/or in the invoice, the customer agrees to not reproduce, communicate/publish, affix/display, distribute, show, and/or otherwise make available, in any manner and/or on any support, even through extraction, download, or sharing on web sites of any kind, including the social networking and similar sites (e.g., Facebook, Pinterest, Instagram, Tumblr) and relative applications, the photographic material that is the object of the Contract.
(21-Restriction on Alteration) Unless otherwise stipulated in the estimate and/or in the invoice, the customer agrees to not crop, alter, shrink, enlarge, reconfigure, deform, manipulate, or modify, in any manner and in whole or in part, the photographic material that is the object of the Contract.
(22-Restriction on Removal/Alteration of the Logo) The customer shall not in any case remove, alter, or modify in any manner the “Foto Locchi” logo impressed on the photographic material that is the object of the Contract.
(23-Restriction on Affixing Distinctive Marks) Unless otherwise specified in the Estimate and/or in the invoice, it is strictly forbidden to affix, in any manner or form, the distinctive marks of the customer’s company and/or to incorporate any company logos, IDs, or trademarks in the material that is the object of this Contract.
(24-Restriction on Illicit Uses) Any defamatory, injurious, pornographic, or otherwise unlawful use of the photographic material that is the object of the Contract is strictly prohibited. The customer hereby indemnifies and holds harmless BD-FL from any liability for compensation relative to any damages to third parties arising from illicit use or use not in accordance with the restriction set forth above or from even grossly inappropriate use of the photographic material, and releases BD-FL from any liability in case of any claims for compensation of any kind brought against BD-FL by third parties in regard of said types of uses.
(25-Restriction on Competitive Use) The customer pledges not to make direct, indirect, or any other use of the photographic material that is the object of the Contract, for purposes/productions competitive with the activities carried on by Foto Locchi S.r.l., or for uses which may damage Foto Locchi’s entrepreneurial prerogatives or which may cause harm or damage to the contents of the Data Bank or to its non-substantial parts.
(26-Third Parties) In the case in which the customer should employ other persons (by way of non-exhaustive example: family members, employees, outside collaborators, contractors) in connection with use of the photographic material that is the object of the Contract, the customer pledges to inform said subjects of all the duties and restrictions set forth above, to prohibit violation of same, and to inform said persons of all the rights held by BD-FL in the photographic material that is the object of the Contract.
(27-Communication of Infringements) The customer agrees to immediately inform BD-FL upon becoming aware of or suspecting that a third party may have obtained unauthorized access to the material that is the object of the Contract or may in any way be making unauthorized use of said material, in whole or in part, and/or is infringing any right held by BD-FL.

(F)- PHOTOGRAPHIC CREDITS

(28-Reproduction of Photographic Credits) Unless otherwise stipulated in the Estimate and/or in the invoice, each photograph used by the customer must carry photo credit in the form “© Archivio Foto Locchi Firenze” in addition to the “Foto Locchi” logo. Failure to include photo credit shall authorize BD-FL to invoice an additional fee in the amount of 100% of the agreed-upon original price per single image/photograph for which credit is omitted, without prejudice to BD-FL’s right to seek further compensation for damages to the extent provided by law.

(G)– RELEASES AND THIRD-PARTY CLAIMS

(29-Third-party Rights) The license granted by BD-FL does not cover rights relative to photographic portraits (likenesses), original works, trademarks, logos, trade names, drawings, industrial models and design works and any other tangible or intangible property that may be reproduced in the image/s and protected under applicable laws on author’s rights and intellectual/industrial property protection and/or under any other applicable law. The rights in the photographs which are granted by the BD-FL use license therefore do not include the above-listed additional third-party rights. The customer is therefore the sole party responsible for obtaining the relative releases from the relative rightholders/owners.
(30-Disclaimers) Without prejudice to the above, the customer exonerates BD-FL from any and all responsibility in case of claims for compensation brought in both judicial and extra-judicial fora by third parties in relation to the photographic material that is the object of the Contract and concerning presumptive infringement of author’s rights, the moral rights of persons or institutions, or trademark or any other intellectual property rights, or violation of rights to privacy, personal identity, and with regard to one’s image or likeness.

(H)- METADATA AND INFORMATION

(31-Metadata and Information) The photographic material that is the object of the Contract is inclusive of metadata and embedded information. BD-FL waives all liability for any loss or damage caused by inaccuracies in this metadata and/or information be inaccurate, even if said inaccuracies are due to simple typing or processing errors, and/or any liability arising from and/or connected with the customer’s reliance on said data. Independent and autonomous assessment of the accuracy, truthfulness, completeness, and exactness of said data shall therefore be the sole responsibility of the customer.

(I)- CONTACTS, COMPLAINTS, AND CUSTOMER ASSISTANCE

(32-Contacts, Complaints, and Customer Assistance) To lodge a complaint or request information concerning Foto Locchi S.r.l., the Data Bank, the photographic images, or these General Conditions of Contract, BD-FL may be contacted by phone at +39 055 213743 or by email to info@fotolocchi.it. For sales assistance, customers are invited to contact Foto Locchi S.r.l. by phone at the number given above or by email to license@fotolocchi.it. All complaints will be processed by Foto Locchi S.r.l. no later than 7 days from the date of receipt.

(L) - APPLICABLE LAW AND COMPETENT COURT

(33-Applicable Law) The contract between BD-FL and the customer is governed by Italian law. The parties hereby agree that Italian law shall be applicable in regard of the Contract even in the case that: the customer is not an Italian citizen; the customer is a citizen of another country as well as an Italian citizen; the customer is located in a country different from Italy at the time of stipulation of the contract; the image/s is/are downloaded to or sent to a destination in a country different from Italy.
(34-Competent Court) Any dispute relating to the validity, efficacy, termination, performance, or interpretation or in any other way related to the abovementioned Contract shall be settled by the Italian court of the competent jurisdiction even if: the customer is not an Italian citizen; the customer is a citizen of another country as well as an Italian citizen; the customer is located in a country different from Italy at the time of stipulation of the contract; the image/s is/are downloaded to or sent to a destination in a country different from Italy.

General Website Terms And Conditions Of Use

Users are invited to read carefully the following website conditions of use.
All users of the Foto Locchi S.r.l. website must abide by the general website terms and conditions of use (“Site Terms”) set forth below. “User” is understood as any subject who browses the pages of the website for whatever purpose, and any individual who accesses and uses the interactive services offered by the website.
By using this website, even if said use is limited to browsing the pages contained herein, the user agrees to be bound by the terms and conditions set forth below.
Users who do not agree to all of these terms and conditions should not use this website.
By using this website, the user also represents and warrants that he/she is over the age of 18 and is lawfully able to accept the terms and conditions of use set forth below.
Should a user make use of the site on behalf of a third party, said user represents and warrants that he/she is authorized to do so and that the third party on whose behalf he/she is acting also agrees to abide by these Site Terms.

1. Premise
Foto Locchi S.r.l. is the sole owner, author, and maker of the Archivio Storico Foto Locchi Databank, created and compiled ex Art. 12-bis of Law no. 633/1941 as part of the photographic company activity carried on by Foto Locchi S.r.l. Foto Locchi S.r.l. is sole owner of the original photographs, preserved in the form of negatives in its Archivio Storico and now the exclusive pertinence of the aforementioned Databank. With this site, Foto Locchi S.r.l. intends to promote its activity and to permit users to purchase products offered by Foto Locchi S.r.l.

2. Unauthorized / Illicit Activity
The user pledges to use this website only in manners consonant with the above-stated purposes.
The user also agrees to not use the website and/or any material appertaining to the website for any illicit purposes or in manners not in compliance with current applicable laws/regulations or with these Site Terms.

3. Authors Rights And Other Rights
This site is the sole property of Foto Locchi S.r.l., as is all the material contained herein, including, but not limited to, the photographic images. logos, texts, graphics, and software. The website and its contents are protected by author’s rights and other intellectual property rights laws (moral rights and rights of economic exploitation) as explained in the Databank Legal Notes section of this website, which is understood as constituting an integral part of these Site Terms. No content on this website may be put to any type of use without the written permission of Foto Locchi S.r.l. “Use” is understood as including, but is not limited to, printing, display, reproduction, publication, modification, or re-use of the contents in any other manner. Tolerance of any such action and/or oral or tacit consent to same by Foto Locchi S.r.l. on one occasion shall not constitute or imply tolerance on subsequent occasions.
Furthermore, and without exception, users are specifically prohibited from using the domain name and/or other similar distinguishing marks – which are likewise the exclusive property of Foto Locchi S.r.l. – contained in this website, in any manner, even as meta tags or as commands in html language which, while not involving display or formatting of a specific command, can provide information to web browsers and search engines which can be used to increase the visibility of sites not owned by Foto Locchi S.r.l.
Use rights in the photographic images of exclusive pertinence of the Databank and sole property of Foto Locchi S.r.l. are granted by Foto Locchi S.r.l. pursuant to contractual arrangement with the user in accordance with the Licensing Conditions, to which the user is referred. The user agrees to abide by said conditions even in the case of comping (or “preview”) use of the above-mentioned images and in any case to report the photographic credits in the following form: “© Archivio Foto Locchi Firenze.”
In relation to the images contained in the Databank and the website contents in general, Foto Locchi S.r.l. implements effective technological protective measures in accordance with Art. 102-quater of Law no. 633/1941, and also inserts electronic information on protection/management of its rights, in accordance with Art. 102-quinquies of the above-mentioned law, in order to identify protected material and identify Foto Locchi S.r.l. as the author of and/or rightholder in said material; to prevent or restrict unauthorized acts and uses of the above-mentioned material; and, more in general, to manage its authors rights, related rights, and sui generis rights in the Databank in the digital context.
Anyone who for profit or in any case for other than strictly personal use shall market products or supply services prevalently intended to circumvent the above-mentioned protection systems (Art. 171-ter, § f-bis, Law no. 633/1941) and anyone who removes or alters the electronic rights-management information or distributes or communicates to the public works and/or materials from which said information has been removed or altered (§ h) is punishable under criminal law.
In the case in which the website content is material protected by third-party ownership rights, authorized uses must, instead, be verified and agreed upon with the owners or controllers of the relative rights, as identified or identifiable, on a case-by-case basis. It is the sole responsibility of the user to determine whether or not use of given content requires the permission of a third party.

4. Distinctive Marks
Distinctive marks, of whatever type and whether registered or unregistered, which appear on this website are the exclusive property of the relative owner/rightholder and may not be used, for any purpose whatsoever, except by prior written permission of same. In detail, it is expressly prohibited to make any use of the above-mentioned distinctive marks as meta tags or as commands in html language which, while not involving display or formatting of a specific command, can provide information to web browsers and search engines which can be used to increase the visibility of sites not owned by Foto Locchi S.r.l.

5. Privacy Policy And Notice
Foto Locchi S.r.l. is committed to protecting the privacy of users of this website, as set forth in the Privacy Policy section of this website, which is understood as constituting an integral part of these Site Terms.

6. Links And Information From Third-Party Sources
This website may contain links to other websites provided by Foto Locchi S.r.l. for its company purposes, for advertising purposes, and/or for facilitating use and enjoyment of this website.
Foto Locchi S.r.l. accepts no responsibility for any information, data, contents, and/or material (of any type whatsoever) accessible via said links to other sites or in any case obtainable through said sites, since any linked websites are not in any manner controlled by Foto Locchi S.r.l.
No hypertext links to other sites or any other reference to information from third-party sources can in any way be considered to be expressly or implicitly endorsed by Foto Locchi S.r.l., since Foto Locchi S.r.l. has no power to control these sources or the information they provide. Foto Locchi S.r.l. shall not be held responsible for any information and/or data accessible/accessed via links.
Queries and/or complaints inherent to the websites and contents made available through links from this website must, therefore, be directed exclusively to the administrators of the websites in question. Likewise, dealings of any type between a user and third parties contacted via said links are solely between the user and the third party. Foto Locchi S.r.l. cannot be held responsible, to any degree, for non-fulfillment or loss or damage of any kind incurred as a result of or consequent to said dealings between a user and a third party.
Links from other websites to this site are permitted only pursuant to prior written authorization by Foto Locchi S.r.l.; tolerance of any unauthorized links or oral or tacit consent to same by Foto Locchi S.r.l. on one occasion shall not constitute or imply tolerance on subsequent occasions.

7. Unauthorized Access And Use Of The Website
Users of this website are authorized to consult only the documents listed in the menus of the various sections hereof and to view the data and information contained therein.
Users are instead strictly prohibited from any unauthorized attempt to break through or circumvent the website’s protective measures to access other documents, information, or data, to use the systems that permit the website to operate or that are associated with the site for uses different from those for which said elements are intended, to interfere with use of the site by authorized subjects, to interfere in any other manner with the website operating systems, and/or to destroy, alter, and/or damage the documents, data, and/or information contained in the site.

8. Account
Site users may create private accounts and access the relative personal area by entering a username and a password, which may be subsequently changed at the user’s discretion, to permit simplifying management of the user’s business dealings with Foto Locchi S.r.l. and enhance enjoyment of the interactive services offered by the website.
In order to create and manage the above-mentioned private account, the user must: provide exact, updated, and complete information about him/herself; update the registration data and any other information provided in a timely manner; manage his/her password and access data in such a manner as to ensure security; immediately inform Foto Locchi S.r.l. of any unauthorized use of his/her account and any other violations of site security.
The user exonerates Foto Locchi S.r.l. from any and all responsibility for any damages arising out of or in any way connected with his/her private account, including, but not limited to, unauthorized access to registration data, extraction of credentials, identity theft.
Foto Locchi S.r.l. reserves the faculty to cancel or suspend the above-mentioned account, at its sole discretion, should the user violate any of these Site Terms.

9. Interactive Services
This website may permit users to access interactive services of various types – such as, by way of example only, discussion forums, blogs, chat rooms, notice boards – where users may create, publish, transmit, load, and/or store content of various types which may be viewed by other users or third parties or in any case accessible to same, such as information, materials and/or data of other types including, but not limited to, messages, comments, videos, photographs, phonograms.
Foto Locchi S.r.l. expressly prohibits any and all users who access and use services such as those listed above from creating, publishing, transmitting, loading, storing, or otherwise using content of any type:
a) of an illegal, injurious, defamatory, libelous, obscene, pornographic, or pedo-pornographic nature or is harmful to minors or detrimental to the privacy or the personal identity of persons, including public figures;
b) possession/publication of which constitutes a crime in and of itself or instigates to commission of a crime;
c) which infringes patent or trademark rights, trade secrets, authors or similar and/or associated rights, or any other intellectual and/or industrial property right;
d) which is detrimental to any other rights, of any type whatsoever, of other users and/or third parties or which violate any currently applicable law or regulation.
e) which results in unsolicited promotions and/or advertising, unsolicited/junk email (spam), aggressive marketing practices, chain messages, pyramid schemes, requests for money, infection by viruses, damage to data, or receipt of other files which may prove damaging or harmful to Foto Locchi S.r.l., to users of this website, and/or to third parties;
f) which is false and/or erroneous or misleading;
g) which prevents or restricts access to the interactive services or to the website, or their use by other users;
h) which may in any manner expose Foto Locchi S.r.l. or other users to liability of any kind.
The user is the sole party responsible for use of the interactive services, shall make use of said services at his/her own risk, and shall accept full responsibility for all matters concerning his/her use of the aforementioned services. Foto Locchi S.r.l. shall not be held responsible for any damage of any type caused by or to users of the interactive service in the case of failure to observe the limitations listed above.
As prescribed by current applicable laws (including Legislative Decree no. 70/2003), Foto Locchi S.r.l. shall have no general duty of vigilance nor a general duty to individuate facts and/or circumstances pointing to the presence of illicit activities, or, therefore, to check, modify or monitor contents, however published, transferred, loaded, and/or stored by users at the site and/or in the context of use of the interactive service offered by the site. In any event, Foto Locchi S.r.l. reserves the sole discretionary faulty to remove any contents such as those mentioned above at any time and for whatever reason, or to disable access to same, and shall not be held in any way responsible for any damages to users by effect of said removal or modification, nor, therefore, for loss of the removed or modified content.
Foto Locchi S.r.l. also reserves the faculty to make changes to the site, the interactive service, and the users’ content, if so requested by judicial or administrative authorities for the purpose of preventing or putting an end to violations or illicit acts of any kind committed by users.
Foto Locchi S.r.l. also reserves the faculty to remove information stored by users or to disable user access to said information whenever it shall effectually become aware that the information in question was removed from the web location where it originally resided or that access to the original information has been disabled, or that a judicial body or an administrative authority has ordered it be removed or disabled.
Foto Locchi shall inform the judicial or the administrative authorities invested with vigilance functions whenever it shall become aware of presumed illicit activities or information and may lawfully supply, if so requested by the above-mentioned authorities, information in its possession which permits identifying the user to whom the illicit activities or information refers, for the purpose of individuating and preventing illicit activities.

10. Modifications To The Website
This website, its contents, and these Site Terms are subject to modification at any time and at the sole discretion of Foto Locchi S.r.l., which shall have no duty to give prior or successive communication thereof.
Use of the website after any such modifications have been posted implies the user’s acceptance of the modifications in question.
It shall be the sole responsibility of the user to verify the terms and conditions of website use in force at this website each time he/she browses its pages.

11. Limitation Of Liability
In no event may Foto Locchi S.r.l. be held responsible or liable to users for any direct or indirect damages of any kind arising out of or in any way correlated with use of this website or with attempts to access the site, or arising out of or correlated with the services it offers or the materials contained in or accessed through this site, including but not limited to: damages caused or resulting from use, by a user, of information obtained from the website or that result from mistakes (including typing errors), or from omissions, inexact and/or inaccurate information, interruptions of service and/or communications failures, deletion of files or email messages, system errors or defects, viruses, delays in operation or transmission, or any other malfunction, whether or not resulting from natural calamities, communications errors, theft, destruction, or unauthorized access to the records, programs, and/or services offered, or from other computer malfunctions of any kind.
In any case, independent and autonomous verification of the accuracy, truthfulness/authenticity, and correctness of information posted on this website shall be the sole responsibility and at the sole expense of the user. All the information and data on this site are provided “as is.”

12. Compatibility
For best viewing of the website, the user’s computer must be equipped with the Javascript compiler (when not included in the browser), and Internet Explorer version 10 or higher, Mozilla Firefox version 27 or higher, Safari version 5.1 or higher or Google Chrome version 33 or higher. Should a user be unable to log in despite having entered the correct username and password, Foto Locchi S.r.l. recommends checking browser security settings. Some session variables may not work properly if browser security is set to a level higher than “medium” (this is especially true for Internet Explorer) .
Foto Locchi S.r.l. declines any and all responsibility for such incompatibilities and/or inability to access the site or other disservices, of any type, experienced by the user.
In view of the above, site use should be considered as being provided “as available.”

13. Applicable Law And Competent Court
The user agrees that any dispute relating in any way to use of this website or the associated services shall be referred exclusively to the Court of Florence.
Use of this website and the associated services shall be governed exclusively by Italian law.

14. Contacts
Please address any queries or comments concerning this site or these Site Terms to info@fotolocchi.it
This English-language translation of the Italian website page is provided as a courtesy to our users. The original Italian text is the only authentic version.
Download the full text of the Italian Personal Data Protection Code (Legislative Decree no. 196 of 30 June 2003) (in English) http://www.garanteprivacy.it

Privacy Policy

Introduction
The European Regulation on the protection of personal data (GDPR 679/2016) in art. 13 establishes, in particular, that the interested party must be informed in advance about the use of data concerning him and that the processing of personal data is only permitted with the express consent of the interested party, when necessary. For this purpose, pursuant to article 13 of the GDPR 679/2016 Foto Locchi Srl, with registered office in Florence, Via del Corso 21 / R, as Data Controller, provides the present Privacy Policy which aims to describe the how to manage the website www.fotolocchi.it in relation to the processing of personal data of users who consult it.

Data Controller
The Data Controller is Foto Locchi Srl based in Florence, Via del Corso 21 / R, PEC: fotolocchi@pec.it, tel. +39055213743, email: info@fotolocchi.it

Type of Data Processed
Each website offers informative and / or interactive content. Navigation data: the computer systems and software procedures used to operate each website acquire some personal data of the visitor whose transmission is implicit in the use of Internet communication protocols (eg IP addresses, information on pages visited by users , etc.). Data provided by the user: personal data released freely by the user of the website, for example, to register for a reserved area, receive newsletters, request quotes, etc. The processing of such personal data will be carried out on the basis of all the information contained in the specific information rendered pursuant to articles 13 and 14 of the GDPR when the personal data were submitted during registration.

Purpose and methods of treatment
Foto Locchi Srl, subject to the user's consent, reserves the right to collect and process the personal data of the site user in paper format and / or using electronic and automated tools exclusively for the business purposes of Foto Locchi Srl and in particular for the sale agreement for private personal use of artistic prints or other material incorporating images pertaining to the Locchi Photo Database, and for the use of services connected and complementary to the contract (such as sending invoices, newsletters and estimates) at the request of the user. The personal data provided may, with prior consent, be processed for profiling purposes. Specific security measures are observed to prevent data loss, illicit or incorrect use and unauthorized access.

Recipients or any categories of recipients of data
The recipients or any categories of recipients are:
• post office or other correspondence companies
• consultants and freelancers in single or associated form, service companies
• law firms
• IT equipment maintenance / repair company
• Typographies or other companies that print newspapers, magazines, newsletters, etc.
Users' data are not disclosed for purposes not directly attributable to the activity of the writer.
The data may be brought to the knowledge only of employees and collaborators, in charge of processing and of the structures, as managers (art.28 GDPR) who perform, on behalf of the owner himself, technical and support tasks.
Connection to third party sites

From the Internet site it is possible to connect through specific links to third party websites that are hosted as partners. Foto Locchi Srl can not, of course, be held responsible for the possible management of personal data by third party websites.

Duration of treatment
The data provided are processed for the time strictly necessary to achieve the purposes for which the data were collected and in any case in accordance with the principles set by the GDPR.
Rights of the interested parties
The subjects to whom the personal data refer may at any time exercise their rights towards the Data Controller pursuant to article 7 of the GDPR, in particular they may:
a) access the data
b) obtain updating, rectification or integration of data, as well as their portability
c) obtain the deletion or limitation of data
d) object, in whole or in part, to the processing of personal data concerning them.

The data subject also has the right to lodge a complaint with a supervisory authority, which in Italy is the Guarantor for the protection of personal data.
Your refusal to communicate the data will make it impossible to carry out any treatment and consequently not be able to fulfill the pre-contractual or contractual obligations assumed.

Cookies

This website makes use of cookies. Cookies are small text files which a website may place on a user’s computer, where they are stored for retransmission to the originating site at the time of the same user’s next visit.
In order to best protect our users and at the same time permit cookies to be stored on our users’ computers during navigation in Internet, Foto Locchi S.r.l. requests, in a simplified form, that users read the relevant information provided and express valid consent to receiving cookies.
Subject to user consent, Foto Locchi S.r.l. will use cookies for the sole purpose of guaranteeing better service for site users and, in particular, for its company activities; i.e., marketing the Foto Locchi Databank images. In detail, and again subject to provision of relevant information and receipt of valid user consent, Foto Locchi S.r.l. will use cookies only for the purposes of facilitating navigation at, access to, and, in general, customized use of this website (for example, for authentication, for automatic selection of language settings, for permitting users to retrieve images viewed during previous visits to the website or to directly view images pertaining to previous searches), for providing better and faster service to users of this website (for example, for placing items in the shopping cart and keeping a record of items placed in the cart during previous visits to the website), and for purposes of statistical analysis of accesses/visits to the website.
The so-called “technical” cookies (that is, cookies used for the sole purpose of transmitting a communication over an electronic communications network or used only insofar as strictly necessary for the supplier of a company service explicitly requested by a subscriber or user to provide that service – may be freely stored by Foto Locchi S.r.l., which may access the information thus stored, in compliance with Art. 122 of Legislative Decree 196/2003.
This website does not permit transmission of third-party cookies, such as, for example, by effect of links to other websites provided by this website; this information notice applies only to cookies on this website and not on other websites.
In any case, finally, a user may refuse to accept cookies; in this case, he/she may be unable to correctly access/make use of certain site functions and/or benefit from certain of the services offered. In general, refusing to accept cookies will negatively affect the quality of the user’s experience at our website.

This English-language translation of the Italian website page is provided as a courtesy to our users. The original Italian text is the only authentic version. Download the full text of the Italian Personal Data Protection Code (Legislative Decree no. 196 of 30 June 2003) (in English). http://www.garanteprivacy.it