(Sect. 13 of Leg. Decree 196/2003 and Sect.13 of EU Reg. N. 2016/679)
Pursuant to sect. 13 of Leg. Decree n.196 of 30 June 2003, and to sect.13 of EU Reg. n. 2016/679, S.P.A Italia, inform you that your personal data will be subject to processing according to the above mentioned regulations and in conformity with the following criteria.
1) DATA CONTROLLER
The data controller is the company S.P.A ITALIA SRL, in the person of the Sole Administrator, and pro-temporelegal representative S.P.A. ITALIA SRL, in 35126– Conselve (Pd) Italy, Via Vittorio Emanuele II n. 51 (hereinafter, the “Controller”).
The updated list of the internal and external processors in charge of the processing, is kept at the offices of Data Controller.
2) SUBJECT OF THE PROCESSING
The processing regards identification personal data (such as name, surname, legal form, address, telephone, e-mail, bank and payment details) – hereinafter: “Personal data” or “Data” – you provided while accessing and browsing the Website or in the execution of agreements for goods and services of the Controller.
3) PURPOSES OF THE PROCESSING
Your personal data shall be processed:
- without your explicit consent, according to sect. 24 of Consumer Code and to sect. 6, lect. b) and e) of EU Reg.2016/679, without limitation, for the following Service Purposes:
- registering or joining the services offered by the Website;
- activation, handling and execution of orders, contractual or commercial relationships and related activities (see Conditions of Sale);
- payments management (see Conditions of Sale);
- management of the commercial relationships to the extent required to carry out the service required in the best possible way, as well as to perform the legal obligations applicable from time to time (see Conditions of Sale);
- performance of the obligations provided by a law, a Regulation, the EU legislation or an instruction given by an Authority (including the obligations concerning recycling);
- handling of your requests: technical, commercial, concerning the progress of your orders and, in general, of your requests for information;
- exercise of the Controller’s rights, including the right of defending and resist before Courts;
- only with your prior and express consent, according to sect. 23 and 130 of Consumer Code and to sect. 7, lect. b) and e) of EU Reg. 2016/679, without limitation, for the following Marketing Purposes:
- creation of a consumer database, analysis of consumption behaviors and choices, market and marketing analysis, data processing for statistical and profiling purposes, in order to improve your browsing experience on the website and to make commercial offer consistent with your interests;
- dispatch of advertising information and material concerning the products traded by the Company, newsletters, other promotional and commercial activities, including by e-mail or mobile phone call or MMS (Multimedia Messaging Service) or SMS (Short Message Service);
- management of contests and prize-giving operations;
- any other purpose for which the data subject has provided its specific consent.
4) NATURE OF DATA PROVISION
The provision of the personal data by the purchaser is mandatory, since it is a key condition to accurately and promptly perform the orders, the contractual and commercial relationships and the related activities, and in general for all the purposes provided for by sect.3, lect. A. Otherwise, the purchaser’s requests, concerning the services of sect. 3), lect. A, may not be processed.
The provision of the data for the purposes of sect. 3), lect. B, is optional. The purchaser is thus entitled to refuse to provide any data or to subsequently deny the processing of the data provided: in such cases, it shall not be able to receive newsletters, commercial communications and advertising material concerning the services provided by the Controller, still being entitled to enjoy the services of sect. 3), lect. A.
5) METHODS OF DATA PROCESSING
The processing of the data shall be carried out through the tools and the methods deemed appropriate to protect its safety and the confidentiality, as set out in sect. 4 of Consumer code and in sect.4 n.2 of EU Regulation 2016/679, and in particular: collection, registration, organization, storage, consultation, processing, extraction, comparison, use, interconnection, block, disclosure, erasure and destruction of the data. The processing of personal data may be carried out both manually and with the use of electronic or automatic means, and shall include all the operations allowed by law and required for such processing, included the disclosure to the parties set out in sect. 7).
Some of the data may be processed by means of electronic networks, both in relation to local protected networks and to the Internet network. With regard to the latter, the processing carried out shall be subject to the safety standards provided by your network.
6) PERIOD OF THE PROCESSING
The Controller shall process the personal data only for the period required to perform the above mentioned purposes, and in any case not exceeding ten years from the termination of the relationship, for the purposes provided set out in sect. 3).
7) ACCESS TO DATA
The relevant data may be made available for the purposes set out in sect. 3) and only disclosed within the framework of such purposes:
– to employees and contractors of the Controller or of its associates companies, in their function of internal representative/processor and/or system administrators;
– to third companies or other parties (including, without limitation: financial institutions, professional firms, advisors, insurance companies, etc.) performing outsourcing activities on behalf of the controller, in their function of external data processors;
who have been previously authorized to process and store the data, properly identified, trained and acknowledged on the restrictions set out by Leg. Decree n.196/2003, and subject to the execution of a non-disclosure agreement.
8) DATA DISCLOSURE
The Company undertakes to treat as confidential the data and the information provided by the purchaser and not to disclose them to unauthorized persons, nor to use it for purposes other than those for which they have been collected, nor to send them to third parties.
Without requiring an explicit consent – sect. 24, lect. a) and b), Consumer Code, and sect. 6 lect. b) and c), EU Reg. 2016/679, – the controller may disclose your data for the purposes set out in sect. 3) to Supervisory Bodies, Judicial Authorities, as well as to those subjects requiring such disclosure to carry out the above mentioned purposes. These subjects shall process the data in their function of independent data controllers.
9) BROWSING DATA AND COOKIES
The computer systems and programs used to run the Website, collect some personal data automatically provided in the use of Internet communication protocols (such as IP addresses or domain names of the computers used by users connecting to the website, URI addresses – Uniform Resource Identifier – of the resources requested, time of the request, method used to submit the request to the server, file dimensions received in reply, the numerical code indicating the status of the response from the server – successful, error, etc. – and other parameters of the operating system and user’s IT environment). Although the information collected are not to be associated to specific identified data subjects, by their own nature, through the processing and association with data held by third parties, allow users to be identified.
These data are used only for the purpose of obtaining statistical information (unrelated to any other user’s identifier) about the use of the website and to check its proper functioning, and they are erased right after the processing. The data may be used to ascertain responsibilities, in case of alleged cybercrimes against the Website.
10) DATA TRANSFER
The personal data are stored on a server located in the offices of S.P.A. ITALIA SRL, in 35126– Conselve (Pd) Italy, Via Vittorio Emanuele II n. 51. However, it is understood that the Controller, if necessary, shall be entitled to move the server outside the EU. In such case, the Controller ensures that the transfer of data outside the EU shall occur in conformity with the applicable law, prior execution of the standard contractual clauses set out by the European Commission.
11) RIGHTS OF DATA SUBJECT
With regard to personal data processing, the data subject is entitled to the rights set out in sect. 7 of Leg. Decree 196/2003 and sect.15 of EU Reg. 2016/679, and in particular the rights to:
- obtain the confirmation of the existence or non-existence of its data, even if not registered, and their communication in an intelligible form;
- obtain information:
- a) on the origin of the personal data;
- b) on the purposes and the methods of the processing;
- c) of the method applied in case the processing is carried out by electronic means;
- d) of the personal details of the controller, of the processors and of the designated representative according to sect. 5, par. 2, Consumer Code and sect.3, part. 1 EU Reg. 2016/679; e) of the persons and categories of persons to whom the personal data may be disclosed o that may gain knowledge of them as designated representatives within the territory of the country, as processors or officers.
- a) the update, rectification or, if applicable, the integration of data;
- b) the erasure, transformation into anonymous form or the block of the data processed in case of breach of law, including those for which the storage is not required in relation to the purposes for which the data were collected and processed;
- c) the certification that the operation set out in point a) and b) have been notified, also as regards their contents, to those to who they have been communicated or disclosed, except if such notice is impossible or implies the use ofmeans clearly disproportionate to the right being protected.
- object, in full or in part:
- a) for lawful reasons to the processing of its personal data, although relevant to the purpose of collection;
- b) to the processing of its personal data for the purpose of sending advertising and direct marketing material or to carry out market or commercial communication researches, by means of automated calling systems without human intervention via e-mail and/or by traditional telemarketing methods, by phone and/or paper mail.
Please note that the right to object of the data subject, specified in point b), for direct marketing purposes by means of automated methods includes the traditional ones, notwithstanding the possibility for the data subject to exercise its right to object also in part. Therefore, data subject may elect only communications via traditional methods or only automated communications or none of them.
The data subject is also entitled to the rights provided for by sect. 16-21 of EU Reg. 2016/679 (right of rectification, right to be forgotten, right of limitation of processing, right to data portability, right to object), as well as the right to lodge a complaint with the Data Protection Authority.
For further information on the methods of personal data processing, on the request for access, amendment or erasure of data, or to object to their use, please contact S.P.A. ITALIA SRL, in 35126– Conselve (Pd) Italy, Via Vittorio Emanuele II n. 51; E-mail: (firstname.lastname@example.org).
12) REGISTRATION TO THE WEBSITE
We inform you that it is possible to purchase the products through the Website also without registering, but only entering some personal data in order to complete the order. In such case, the data you provided shall be used by the Company (data controller) only to process the purchase order. In fact, the provision of data is optional but necessary to handle your order and the relevant administrative and accounting activities. You may be contacted for information concerning your purchase. Your data shall not be disclosed to third parties, other than couriers, shippers or carriers in charge of delivering the products purchased.
The registration to the Website by creating an account or using an existing social network account, allows to skip the entry of all of your personal data for each future purchase, requiring just some of them, and recognizing you as a “Registered User”, thus simplifying the purchase procedure.