Code of Conduct
(the “Code of Conduct”)

This Code of Conduct applies to any user (the “Users” or “Community”) of the app and web-app personalized thanks to the platform #be of Abilitya (the “Platform #be”) and incorporates the terms and conditions eventually accepted during the onboarding and registration stage and the Privacy Policy for the use of Abilitya’s Platforms (hereinafter, collectively, the “Platforms Terms of Use”). It is understood that in case of any dispute between this Code of Conduct and the Platform Terms of Use, the latter shall prevail.

1. Purpose

This Code of Conduct provides guidance on the conduct to be held and/or avoided while using Platform #be in order to improve the use of Platform #be and to protect Users while using it.
This Code of Conduct is accepted by the Abilitya Partner who will prepare its own code of conduct in compliance with the guidelines expressed in this document.
It is understood that Users undertake to comply the Code of Conduct and the Privacy Policy proposed by the partner while using app and web-app personalized thanks to the platform #be of Abilitya.

2. Registration on app and web-app

order to use app and web-app personalized thanks to the platform #be, Users shall register through a registration form and create their own account (the “User Account”) as provided in the Platform Terms of Use.
If the User is under the age of 14 (fourteen), registration to the app and web-app personalized thanks to the platform #be shall be carried out by their legal representative, who shall comply with the rules defined in this Code and instruct the minor regarding the same. Where the User is a minor of 14 (fourteen) years old - or equivalent minimum age for relevant jurisdiction - and they may proceed, pursuant to and for the purposes of Article 2d of Legislative Decree 196/2003 (as amended by Legislative Decree 101/2018), to registration and any expression of consent to data processing, also having to comply with the provisions of this Code, like other Users.
In case of any unlawful conduct and/or misuse of Platform #be by minors of 14 years old, or equivalent minimum age for relevant jurisdiction, the parent or those who have parental authority, as declared during the registration process of the minor’s reserved User Account, shall be responsible.
It is understood that, in case it is suspected that a minor has created a User Account, in an unlawfully way, in violation of this Code of Conduct, we reserve the right to verify their parent’s identity by asking to share an identity document.

App and web-app restrictions of use

We recognize and guarantee Users’ freedom of expression. However, we maintain the right to restrict some contents or conducts in order to safeguard and respect other Users, in accordance with this article. In order to use app and web-app personalized thanks to the platform #be, Users undertake to comply with the following restrictions:

not to use fake e-mail addresses and/or fake identities, in a way that, or with the intent to, mislead, confuse or deceive third parties and/or create more than one account and/or create shared accounts;
not to use business names and/or brands of third parties that may mislead Users and, in any case, to behave in a manner that violates intellectual property rights and/or copyright provisions;
not to disclose on Platform #be, in any way whatsoever and without third parties’ specific authorization, any private, confidential and personal information of such third parties, including but not limited to credit card numbers, postal addresses, social security numbers / ID numbers;
not to publish, in any way whatsoever, specific threats of violence, for whatever reason, against third parties or that may affect public safety, including but not limited to content of terrorism activities;
not to lead, through the publications of contents on Platform #be, to acts of virtual and/or real violence of any kind;
not to use, in any way whatsoever, Platform #be for unlawful purposes or to support unlawful activities, deemed as such under the international law and under the laws and provisions of the Users’ home State;
not to engage in or encourage bullying, harassment and/or discrimination acts, the latter being understood to include sending unwanted messages or requests to other Users;
not to share, in any way whatsoever, pornographic and/or child pornographic contents, including any other explicitly sexual contents that may offend the feelings of other Users or be offensive or discriminatory in any way;
not to engage in conduct that may compromise the privacy and/or safety of Platform #be and its Users; In particular, in the event that third-party personal data is shared, User guarantees that they have obtained any consents from the data subjects, having fulfilled, more generally, the obligations of the reference legislation (EU Regulation 2016/679 and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018);
not to share either publicly or privately contents for commercial purposes, without prior consent;
not to buy or sell Users’ names that are already registered on Platform #be;
not to publish or redirect to websites aimed at stealing other Users’ personal, sensitive and/or otherwise confidential information, as wells as to websites that contain computer viruses;
not to use Platform #be for spamming activities, meaning the repeated sending of unwanted and otherwise irrelevant contents to Platform #be; in order to assess whether a content is spam, we consider the following criteria (i) a high number of well-founded complaints received from other Users, (ii) a suspicion related to the homologous activity of two different accounts attributable to the same person, subject to the evidence to the contrary, (iii) the publication of numerous contents, marked with #, not relevant to the trends or popular or trending topics they refer to, (iv) the creation of fake or misleading contents aimed at redirecting, in an anticompetitive manner, the Users to other accounts, services or websites, (v) the repeated publication of third parties information by indicating it as one’s own, (vi) the creation of multiple accounts in order to fraudulently increase one’s popularity.
We reserve the right to investigate on the Users’ account, should it believe, there may be conduct in violation of this article and, possibly, to suspend such account waiting for clarifications.
In case of violation by Users of one or more restrictions listed herein, we reserve the right, on our sole discretion, to intervene for the removal and/or management of the contents published by them on Platform #be and to consider the suspension, even permanent, and/or the deletion of the account without a prior notice. In the event
that we determine that an account has been created to replace another previously suspended account, we reserve the right to suspend both accounts, permanently.
It is understood that a User, whether believes that other Users have posted content on Platform #be that may be harmful, offensive or otherwise in violation of this Code of Conduct and/or the Platform Terms of Use, may report such violation by contacting the customer service at the following e-mail: support@hashtag.be. We will, based on the aforementioned report, undertake to carry out an appropriate investigation in order to take, where necessary, all due measures. It is understood that reporting does not itself ensure the removal of the reported content. In case we determine that the reported content is harmful, we shall proceed with the removal of such content on Platform #be.
In order to guarantee the Users’ rights, we maintain complete and unlimited editorial control over all contents.

4. Links to other websites

Platform #be contains links and connections to third party websites. It is understood that we do not control, manage and is not liable, in any way or to any natural or legal person, for the content, availability and accuracy of such websites, or for the compliance with any data protection laws or intellectual property rights provisions.

5. Contents authorization

During the use of Platform #be, Users grant to us all the necessary authorizations on the published contents. It is understood that when Users share, post or upload on Platform #be contents that are covered by intellectual property rights, they grant to us a royalty-free, transferable, sublicensable and worldwide authorization to store, use, distribute, modify, perform, copy, public execute or display, translate and create derivative works of their contents, in accordance with the Platform Terms of Use.
The authorizations listed in this article shall cease to exist once the contents on Platform #be have been deleted by Users and/or by the Platform #be itself. It is understood that Users may delete, at any time, published contents and their accounts, through the section dedicated to Privacy management on Platform #be, in accordance with the Privacy Policy.