This notice is intended for all parties who visit and interact with the website of the GiardinaGroup S.r.l. a socio unico company (hereinafter also the “Company“), and only relates to this website and not to any other websites that the user may visit by way of the links contained on this site. The Company shall not be held liable in any way for any illegal processing of your data that may be performed by third parties. As such, to exercise your rights as referred to in the “Rights of the data subject” paragraph, reference should be made to the specific notices provided on each occasion by those third parties in their capacity as independent Data Controllers.
This notice also draws on Recommendation no. 2/2001 adopted on 17 May 2001 by the European authorities on the protection of personal data, sitting as the Working Party established under art. 29 of Directive no. 95/46/EC to identify certain minimum requirements regarding the collection of personal data on-line and, in particular, the methods, timescales and nature of the information that data controllers must provide to users when they connect to web pages, regardless of their reasons for connecting.
Specific information notices regarding the processing of your personal data will be progressively provided or displayed on the pages of the site dedicated to particular on-request services.
The Company will process your personal data in compliance with the provisions of EU Regulation 2016/679 of 27 April 2016 – General Data Protection Regulation (hereinafter, the “Regulation“).
Data provided by the user
The data provided by the user and requested by the Company in order to access the services offered on this site will be processed for the purposes and according to the methods indicated, on each occasion, in specific information notices provided or displayed on the pages of the site dedicated to accessing those services and collecting the relevant data.
Voluntarily sending an e-mail to the addresses provided on this site will result in acquisition of the sender’s address, required in order to respond to requests, as well as any other data included in the message. These data will be processed – if pertinent and necessary – to handle the requests submitted by the user.
In all cases in which users have the right to freely enter their personal data (e-mails, free-form fields, C.V.s, etc.), such data will be processed – if deemed pertinent and necessary – to handle the requests submitted by the user.
The personal data referred to above are processed to comply with pre-contractual, contractual and legal obligations. Data provided by the user for the purposes of performance of a service or requesting specific commercial information may be used subsequently for further commercial marketing activities, solely subject to express, free consent by that user.
In any case, if processing is performed, in relation to a certain, specific service, according to a different and/or additional legal basis, this shall be specified on each occasion, in the specific information notices provided or displayed on the pages of the site dedicated to accessing the individual services.
If the data provided are not deemed pertinent and necessary for performing the service requested, or if relevant consent is required and has not been provided, our Company reserves the right, at its absolute discretion, to delete that data.
The IT systems and software procedures that enable this website to function acquire certain personal data over the course of their normal operations; sending such data is an implicit part of using internet communication protocols.
Such information is not collected for the purpose of associating it with identified data subjects but, due to its nature, it may enable users to be identified if processed and associated with data held by third parties.
This category of data includes IP addresses or the domain names of computers used by users who connect to the site, the URI (“Uniform Resource Identifier“) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the response provided by the server (successful, error, etc.) and other parameters relating to the operating system and the IT environment of the user.
These data are only used for the purpose of obtaining anonymous statistical information about use of the site and to check that it is working properly, and are erased immediately after processing. The data may be used to ascertain responsibility in the event of alleged IT crimes to the detriment of the site.
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Consequences of failing to provide data and/or consent to processing
With the exception of connection data, as outlined above, the user is free to provide his personal data by filling out the various forms provided for their collection by the Company for the purpose of accessing the different services offered by this site.
Failure to provide such data may make it impossible to obtain or access the services requested.
In all cases in which consent must be provided for data processing, failure to give this consent will only result in our Company being unable to provide the service for which consent is requested.
Under no circumstances will failure to provide consent (or withdrawal of consent) to process your data for marketing purposes result in your being unable to access one or more of the services offered by the Company.
Parties or categories of parties to whom/which the data may be communicated and scope of dissemination of those data
Your data will not be disseminated.
They may be accessed – always and exclusively for the purposes specified in the specific information notices, including for the purpose of ensuring that they are always accurate and up-to-date – by employees and collaborators of the Company tasked with their processing.
Data required for verification of compliance with the applicable regulations governing the relationship entered into and/or to uphold a right of the controller, also in courts of law, may be communicated to lawyers and law firms.
Any other third parties to whom/which the data may be communicated will be specified, on each occasion, in the specific information notices issued by the Company at the time of providing access to the various services offered via this website.
The data will also be accessible to third parties tasked with performing the maintenance/development service for this website and our IT system, for the amount of time strictly required to perform that service.
Duration of processing
Your data will be stored by our Company for the period of time strictly required to ensure proper performance of the services required – with the exception of cases in which the data must be retained for a longer period in order to comply with the applicable regulations and/or for the period of time required to uphold a right of the controller in courts of law. At the end of that period, your data will be erased and/or rendered anonymous.
You will have the right to withdraw your consent to processing of the data for marketing purposes at any time and, in particular, you will be given the option to do so each time you receive a marketing message.
If you withdraw your consent, our Company will no longer be able to process the data for the purposes to which the consent referred. Under no circumstances, however, can withdrawal of consent affect the legality of processing performed on the basis of consent provided prior to withdrawal.
The data controller is GiardinaGroup S.r.l. a socio unico with registered offices in Figino Serenza (CO) – 22060, Via V. Necchi n. 63, Italy, which can be contacted, including for the purposes of exercising the rights referred to in the paragraph below, at the following e-mail address: firstname.lastname@example.org.
Rights of the data subject.
The data subject has the right to ask the Company for:
– access to, rectification, erasure or limitation of the data processing, and is also entitled to object to the processing, in accordance with articles 15-18 and 21 of the Regulation;
– portability of the data, in accordance with art. 20 of the Regulation.
The data subject also has the right to submit a complaint to the personal Data Protection Authority.
The full text of the articles referred to in this paragraph, which are relevant to the rights of the data subject referred to in the GDPR, are transcribed here below.
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Article 15 – Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed and, where that is the case, access to the personal data and the following information:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data are not collected from the data subject, all available information as to their source;
h) the existence of automated decision-making, including profiling, referred to in article 22, paragraphs 1 and 4 and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where the personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Article 16 – Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Article 17 – Right to erasure («right to be forgotten»)
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based according to point a) of Article 6 paragraph 1, or point a) of Article 9 paragraph 2, and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21, paragraph 1 and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 paragraph 2;
d) the personal data have been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data have been collected in relation to the offer of information society services referred to in Article 8 paragraph 1.
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points h) and i) of Article 9 paragraph 2 as well as Article 9 paragraph 3;
d) for archiving purposes in the public interest, scientific or historical research purposes in accordance with Article 89 paragraph 1 in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing;
e) for the establishment, exercise or defence of legal claims.
Article 18 – Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
d) the data subject has objected to processing pursuant to Article 21 paragraph 1 pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Article 20 – Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
a) the processing is based on consent pursuant to point a) of Article 6 paragraph 1 or point a) of Article 9 paragraph 2 or on a contract pursuant to point b) of Article 6 paragraph 1; and
b) the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Article 21 – Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point e) or f) of Article 6 paragraph 1, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89, paragraph 1, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.