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Terms and conditions of use/Privacy policy/Media policy

Terms and conditions of use

Welcome to www.vivo-cluj.com. Please read carefully the terms and conditions of use of this website listed below. Your access/visiting on this website is subject to the Terms and Conditions of Use, implies your express consent related to them and constitutes the entire understanding (agreement) between the parties.
S.C POLUS TRANSILVANIA CI S.A. hereinafter generically called and VIVO! Cluj-Napoca, as administrator of the website www.vivo-cluj.com and the author of its content reserves the right of changing and updating the contents of this website, as well as the Privacy Policy and the Terms and Conditions of Use, without a prior notice. That’s why we kindly ask you to visit constantly this section to check the terms and conditions you have agreed to fulfill.

Enforceability
The terms and conditions listed are valid and enforceable for all the pages of the website from the vivo-cluj.com domain and for which S.C. POLUS TRANSILVANIA CI S.A. has the capacity of  administrator. All these pages (as they are at present or ulterior implemented), as well as the website www.vivo-cluj.com will be hereinafter generically, individually or collectively called Site and/or Sites.
In the hereby document, the words used in singular include the plural, the words in plural include the singular, the words denoting masculine include the feminine and the words denoting the feminine include the masculine.

Copyrights
S.C POLUS TRANSILVANIA CI S.A. is the administrator of the Site and the author of its content, therefore benefits from all the legal rights acknowledged to authors, according to the Romanian and international legislation. In the absence of other specification, all materials, including images, illustrations, designs, icons, photos, audio/video spots, etc are the property of VIVO! Cluj-Napoca or that of the tenants within the precincts of the trade center to be used.

Licenses of use

VIVO! Cluj-Napoca will grant a limited license to access/visit the Site, without the possibility of changing it in the absence of an approval from VIVO! Cluj-Napoca.
This license does not include:
• the resell or use for commercial purposes of the information shown on the Site;
• the use of the data mining techniques, of the robots or similar technologies that allow data extraction and analysis.
The contents of the Site, full and/or partial, cannot be reproduced, duplicated or copied, resold, visited or exploited for commercial purposes without the prior written approval of VIVO! Cluj-Napoca.
VIVO! Cluj-Napoca will grant a limited license, revocable and non-exclusive of making a hyperlink for you to the home page of the Site as long as this link does not describe VIVO! Cluj-Napoca or one of its partners/affiliates in a false, wrong or offending manner. The granted license will not allow the use within this hyperlink of the VIVO! Cluj-Napoca brand without the prior written approval of S.C POLUS TRANSILVANIA CI S.A.

Brands
The VIVO! Cluj-Napoca brand is a trade mark and is held by IMMOFINANZ AG. The vivo-cluj.com domain is held by IMMOFINANZ AG. SC POLUS TRANSILVANIA CI SA is the administration company of VIVO! Cluj-Napoca and of the www.vivo-cluj.com website. The use of this brand, of the domain or of the VIVO! Cluj-Napoca, in direct or „hidden” form (of the type, but not limited to the meta tags or other indexation techniques, web search) without prior written approval from IMMOFINANZ AG and S.C POLUS TRANSILVANIA CI S.A. is prohibited and is punished according to the law.

Terms of use. Warranties

The Site is provided by VIVO! Cluj-Napoca on a “what you see is what you get” and „as long as it is available” basis. VIVO! Cluj-Napoca does not guarantee that the Site, the servers on which is hosted or the e-mails sent from vivo-cluj.com are free of viruses or other software parts with potential damaging character. The user uses the Site at his/her own risk, S.C POLUS TRANSILVANIA CI S.A. being free of any liability for the possible direct or indirect damages caused by the use or access/visit on the Site or as consequence of the use of the information from the Site. S.C POLUS TRANSILVANIA CI S.A. is not liable for the errors or deficiencies that could arise in the elaboration or presentation of the materials on the Site. S.C POLUS TRANSILVANIA CI S.A. does not grant any type of guarantee for the contents and use of this Site. The information published corresponds to reality at the time of its registration on the Site or at the time of updating the various pages of the Site.
The services and products shown on the Site do not form an offer of any kind, being shown on an informing basis. To receive an offer from VIVO! Cluj-Napoca, you will access the Newsletter section. VIVO! Cluj-Napoca reserves the right of not answering your request.
Polus Center is not responsible and offers no guarantees whatsoever regarding the accessing of websites that are under ownership and administration of third parties, even if www.vivo-cluj.com offers information regarding these websites, for the sole reason that they pertain to the commercial partners of VIVO! Cluj-Napoca. Any website/s pertaining to other persons is/are completely independent from the present website and users assume all protection measures when accessing the respective website/s, without the option to involve the responsibility of VIVO! Cluj-Napoca for any damage suffered due to accessing those website/s.

Security
The performance of unauthorized operations on this site and the attempt of doing it, including without limitation the abusive use, the fraudulent use, the non – authorized access, the modification, copy of information for their merchantability, access blocking, etc, will be punished according to the law.
In case you suspect that, from various reasons, the confidentiality of your personal data or from the “business contact” data category has been compromised, you will immediately notify VIVO! Cluj-Napoca.

Notifications
The users of the Site can send comments, notes, suggestions, ideas or observations concerning the contents and structure of the Site, they can ask questions as long as their contents is not illegal, obscene, threatening, injurious, affecting private life, the intellectual property rights of VIVO! Cluj-Napoca or those of third parties and do not contain viruses, carry out political/elective campaigns, commercial requests, chain letters, mass mailings or any other form of spam. You cannot use a fake e-mail address or pass for other person or entity. VIVO! Cluj-Napoca reserves the right, but not the obligation of removing or editing such transmitted information.
By sending such an information, if not otherwise mentioned, you grant VIVO! Cluj-Napoca and its partners/affiliates the free license/right, nonexclusive, continuous, irrevocable and sub – license to use, reproduce, change, adapt, publish, translate, derive, distribute or post it on any type of means, worldwide. You grant VIVO! Cluj-Napoca and its partners/affiliates the right to use the name you have sent in relation with the information, if they decide this way. You declare and guarantee that you hold or control all the rights concerning the information sent, that it is correct and its use does not disagree with the Terms and Conditions of Use, it will not cause damage to any third parties and you will fully compensate VIVO! Cluj-Napoca or its partners/affiliates for all the complaints arising from the information thus sent.

Minors
VIVO! Cluj-Napoca does not sell products and/or services that could be purchased by minors. VIVO! Cluj-Napoca can sell or cash the equivalent value of certain products/services for minors, but only if purchased by an adult. If you are minor and access a Site, you can do it only under the supervision of a parent or legal trustee.

Intellectual property rights
S.C POLUS TRANSILVANIA CI S.A. respects others’ intellectual rights. If you consider your work has been copied in a manner that breaches the intellectual property right, please address a notification to VIVO! Cluj-Napoca comprising:
• Natural or electronic signature of the person authorized to represent the owner of the property right;
• A description of the materials protected of rights that you consider having been violated;
• A direction of the location on the Site where you consider these rights have been violated;
• Your address, phone number and e-mail address;
• A statement on your own responsibility according to which you are convinced that the respective use has not been authorized by the rights’ holder, by the agent or by law;
• A notary statement on your own responsibility according to which you act in good faith, the notification is complete and accurate and you are the holder of the rights and you act on your behalf.

Privacy Policy
Please also access the Privacy Policy section that also applies to your access/visit on the Site.

Legislation
The Privacy Policy is subject to Romanian legislation. In case of litigation, an amicable solution will be first attempted, within 30 business days from the registration of the complaint at the S.C. POLUS TRANSILVANIA C.I. S.A. registered seat. In case no understanding can be reached within the above mentioned term, the instance court will be deemed competent form the same administrative structure with the registered seat of S.C. POLUS TRANSILVANIA C.I. S.A.

Privacy policy

POLUS TRANSILVANIA CI S.A. hereinafter generically referred to as VIVO! Cluj-Napoca, processes your personal data (image and voice) using video surveillance means for the purpose of protecting individuals and objects in the property of VIVO! Cluj-Napoca by monitoring the access of individuals in the precincts of the shopping center. Also, other categories of personal data (last name, first name, signature, telephone number, address, e-mail) or data with special character (Personal Identification Number, identity card) may be processed by VIVO! Cluj-Napoca or by other operators authorized with the purpose of using them by the marketing department. VIVO! Cluj-Napoca operator assumes the implementation of all protection measures of personal data in the information system of personal data.
Based on law 677/2001 related to the protection of individuals concerning the processing of personal data and the free circulation of such data, you have the right of access, of intervention upon the data, the opposition right, the right not to be subject to an individual decision and the right to address the justice. In order to use such rights you may address the Information Desk of VIVO! Cluj-Napoca in a written application, dated and signed.
POLUS TRANSILVANIA CI S.A., as author, owner and administrator of website www.vivo-cluj.com observes the private nature and the security of the information provided by you when you use this website, including the personal data, reason for which it has drawn up and implemented this Privacy Policy.
The access/visiting this website by yourself is subject to the User Terms and Conditions and the Privacy Policy, it involves your explicit approval related to them and represents the entire agreement (contract) between the parties.
VIVO! Cluj-Napoca reserves the right to change and update at any time the content of the website www.vivo-cluj.com, as well as the Privacy Policy and the User terms and conditions, without any notices served in advanced. This is why, we kindly ask you to visit periodically this section to check the terms and conditions to which you agreed.
The terms and conditions set forth herein are valid and apply to all pages from vivo-cluj.com domain and for which S.C POLUS TRANSILVANIA CI S.A has the capacity of owner/administrator.
In this document, the words in singular include the plural, the words in plural include the singular, the words which refer to male gender include the feminine and vice versa.
The regulations related to the assurance of security for the personal data processing which contains information about the addressees of the personal data and the measures taken to provide security of personal data processing is available below:
The Regulations on assurance of security of personal data processing can be sent via e-mail by request.

Definitions
1. personal data – any information related to an identified or identifiable natural person; an identifiable person is that person who may be identified, whether directly or indirectly, particularly be reference to an identification number or to one or more factors specific to his/her physical, physiological, psychic, economic, cultural or social identity;
2. personal data processing – any operation or set of operations performed upon the personal data, by automatic or non-automatic means, like collection, registration, organization, storage, adaptation or modification, extraction, consultation, use, disclosure to third parties by conveyance, dissemination or in any other way, annexation or combination, blockage, clearing or destruction;
3. storage – keeping on any type of support of the collected personal data;
4. record system of personal data – any organized structure of personal data, accessible according to certain established criteria, regardless, if this structure is organized in a centralized or decentralized manner or if it is distributed based on functional or geographical criteria;
5. operator – any natural or legal person, whether private or public entity, including public authorities, their territorial institutions and structures, who established the purpose and means of processing personal data;
6. third party – any natural or legal person, whether private or public entity, including public authorities, their territorial institutions and structures, other than the person in question, the operator or the authorized person or persons who, under direct authority of the operator or of the authorized person are authorized to process data;
7. addressee – any natural or legal person, whether private or public entity, including public authorities, their territorial institutions and structures, to whom data is disclosed, regardless if it is third party or not; the public authorities to whom data is disclosed within special inquiries, will not be considered addressed;
8. anonymous data – date which, due to the origin or specific manner of processing cannot be related to an identified or identifiable person;
9. “business contact” type of data – data which include names, position, business address, telephone number or e-mail address of an employee of an organization, in such capacity. The “business contact” type of data do not frame in the personal data category;
10. statistical data – data obtained as result of processing by the personal data operator, but which may not be used in the identification of persons and is exclusively used for statistical and/or information, promotion purposes.

Personal data collection
VIVO! Cluj-Napoca may collect from you personal data, but only with your approval and if you provide it voluntarily.
The registration form “newsletter” presented on the website www.vivo-cluj.com requires information through which you may be identified or by which we may contact you in relation with our services and promotions, these being from personal data category.
The lease form for business premises presented on the www.vivo-cluj.com website requires information through which you can be identified or by which we can contact you, from the category “business contact”.
We use the personal data collected for the following purposes:
• To make sure the web page is relevant to your needs.
• To deliver services like newsletters, events or products you required or purchased.
• To help us create and publish the most relevant content for you.
• To help us create and publish the most relevant content for you.
VIVO! Cluj-Napoca collects information and processes it into statistical data about the pages you access in the site, including the IP address from which the site is visited. VIVO! Cluj-Napoca may use cookies within the site, storing temporarily personal data for the following purpose:
• To improve the access security.
• To improve usability and to provide better services for you.
In various sections of the site you can find links to send us an email message. Your email address is used to send you a response and your message is stored for future reference in case you decide to contact us again. Your email address and the name you give are included in the “business contact” type of data and VIVO! Cluj-Napoca will use it, including to pass it to third parties, subject to your approval.
VIVO! Cluj-Napoca may disclose the personal data to third parties if this is required by law or in cases of good faith in which these actions are necessary for: (a) compliance to legislation; (b) protection and defence of property rights of VIVO! Cluj-Napoca and of its web sites or (c) actions in emergency circumstances to protect the personal safety of employees, users of products or services or public persons.
When we are required to provide personal data or we are allowed to do this, only the data necessary for the subject-matter of such request will be disclosed.
VIVO! Cluj-Napoca does not sell, change or lease personal data to third parties.
Use of static data and anonymous data
VIVO! Cluj-Napoca can use the statistical data or the anonymous data resulted following the processing in its quality as an operator, for the following purposes:
• drawing analyses/reports;
• drawing information reports;
• publishing, promotion, bidding products/services offered by VIVO! Cluj-Napoca.

Security of collected data
VIVO! Cluj-Napoca uses security methods and technologies, with policies applied to employees/collaborators and working procedures, including control and audit, to protect the personal data collected according to the legal provisions in force.
The servers on which the site is hosted are protected by physical access and at limited distance, being installed in precincts suitable from technical and security point of view. We take all reasonable efforts, justified from commercial point of view, to protect your collected personal data, we analyse the new technologies in the area and if the case may be, we apply them to upgrade our security systems.

Cookie policy
What Are Cookies
Cookies are tiny files that are downloaded to your computer, to improve your experience.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
The Cookies We Set
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
Third Party Cookies
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.

Rights of the site users
• Access right to data – Users can obtain confirmation of the fact that the personal data provided is or is not processed by VIVO! Cluj-Napoca.
VIVO! Cluj-Napoca can use statistical data or anonymous data resulted from its activity as a data processor to the following purposes: 
• The intervention right upon the data – Users may obtain rectification, update, blockage or deletion of the incomplete, inaccurate data or whose processing does not comply to the legal provisions.
• Opposition right- Users may express justified opposition related to the personal data processing or its disclosure to third parties.
• The right not to be subject to an individual decision – Users may obtain withdrawal, cancellation or reassessment of any decision which takes legal effects against them and which is adopted exclusively following the processing of personal data, complying with the terms provided in the law related to the protection of people regarding the processing of personal data and free circulation of such data.
• The right to appeal to justice – Users may submit legal actions if by the processing of their personal data by VIVO! Cluj-Napoca the rights protected by legal regulations are affected.
The users’ rights are exerted by the submission of a written application, dated and signed to the Information Desk of VIVO! Cluj-Napoca.

External links

The site may contain links to other websites, beyond the control of VIVO! Cluj-Napoca, websites, which, we think you will find useful. If you access these links you will access/visit websites that may have a privacy policy different from VIVO! Cluj-Napoca.

Implementation of the Privacy Policy
If you have questions related to the Privacy policy or if you wish to be informed upon the personal data processed by VIVO! Cluj-Napoca and which directly concern you, please get in touch.

User terms and conditions
Please also access the User terms and conditions (see section above) which also apply to your access/visit on the site.
Legislation
The privacy policy is subject to the Romanian legislation. In case of litigations, amicable settlement will be firstly attempted, within 30 business days as from the registration of the claim at the headquarters of S.C POLUS TRANSILVANIA CI S.A. If no settlement can be reached within the deadline established, the competent court will be considered the court with the same administrative structure with the registered seat of S.C POLUS TRANSILVANIA CI S.A.

Contact
S.C POLUS TRANSILVANIA CI S.A.
Commune Floreşti, Cluj County,
492-500 Avram Iancu Street,
Zip code407280, Romania
Tel: +40-364-413-422
Fax: +40-364-413-424
Email: cluj-napoca@vivo-shopping.com
Last update: 18th of November 2016
 

Media policy

The purpose of establishing a proprietary policy of POLUS TRANSILVANIA INVESTMENT COMPANY SA regarding the relationship with the media is to ensure the designation of contacts for the interaction with media members and the delineation of responsibilities and standards adjacent to the practices of promotion, marketing, communications and public relations.
Polus Transilvania Investment Company SA (hereinafter VIVO! Cluj-Napoca) reserves the right to modify and update this section without any prior notice.

Application
The procedures detailed in this section shall fully apply to obtain approval for the use of facilities owned by VIVO! Cluj-Napoca, including the indoor premises and parking lot of the shopping center, for the purpose of carrying out media activities.

Definitions
• media activities = any activities carried out by means and technical arrangements that result in photo, video, audio or written materials, which aim to inform and influence public opinion through radio, television, newspapers, the Internet or other means of mass communication.

Procedures
In order to receive an approval of deployment of media activities on the property owned by VIVO! Cluj-Napoca, those interested will address a request to the communication department of the shopping center using the following contact details:

PR Department VIVO! Cluj-Napoca
Email – marketing_cluj@vivo-shopping.com
Phone: +40 731 20 27 91

Requests shall be submitted at least 24 hours prior to the deployment of the media activities and will contain information regarding the purpose, duration and a description of the activities.
The answer to these requests will be offered, depending on the complexity, within 24 hours of their receipt through an informational email that will contain the grounds for refusal of approval for deployment of the media activities for which the request was made. Also, the answer will provide information regarding any further steps to be made for the deployment of the activity.
For the production of photo, video, or written materials, aimed to interview the clients or employees of companies that operate in the shopping center, the journalists have the obligation, in addition to the request approval, to send the questions that comprise the interview to the communication department of the shopping center. Moreover, as VIVO! Cluj-Napoca supports the protection of the image of customers and employees of companies that operate in VIVO! Cluj-Napoca, journalists have the obligation to seek their consent to be interviewed / photographed / filmed. We trust in the good faith of journalists to respect the rights of free expression, privacy, dignity and self-image of the persons concerned.

Liability
Any media activity carried out without the consent of the communication department of the shopping center will entail penalties under applicable law.
Media members or persons that are performing media activities inside of VIVO! Cluj-Napoca, will assume responsibility for their activity, as well as the for content of the media materials resulted from these activities.
VIVO! Cluj-Napoca will not be held responsible if the deployment of media activities unauthorized by the communication department of VIVO! Cluj-Napoca will harm the partners operating in the shopping center / third parties that represent them or their clients.
This section is complemented by the provisions of the privacy policy and terms of use sections.

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VIVO! Cluj-Napoca

VIVO! is an IMMOFINANZ AG Brand

Behind the VIVO! brand lies a successful real estate group with extensive shopping centre experience.


The owner

IMMOFINANZ is a commercial real estate group whose activities are focused on the retail and office segments of seven core markets in Europe: Austria, Germany, Czech Republic, Slovakia, Hungary, Romania and Poland. The core business covers the management and development of properties, whereby the STOP SHOP (retail), VIVO! (retail) and myhive (office) brands represent strong focal points that stand for quality and service. The real estate portfolio has a value of approx. EUR 4.3 billion and covers more than 230 properties. IMMOFINANZ is listed on the stock exchanges in Vienna (leading ATX index) and Warsaw. Further information under: http://www.immofinanz.com

IMMOFINANZ AG has updated its cookie guidelines. We use cookies to make sure that we offer you the best experience on our website. This also applies to cookies from third-party social media sites when you visit a page that contains embedded social media content. Such third-party cookies may track your use of the website. We and our partners also use cookies to allow statistical evaluation More information can be found here.
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