2 - 4 November 2018

Decree on the right to access personal data

INFORMATION EX SECTION. 13 Legislative Decree 196/2003

(with data dissemination)

We wish to inform you that according to the Legislative Decree n° 196 dated 30 June 2003 (“Personal Data Protection Code”) the protection of individuals and other subjects is provided, when personal data are processed. In compliance with the mentioned law, personal data processing will be based on principles of accuracy, lawfulness and transparency and protection of the confidential nature of your rights.
Therefore, in compliance with section 13 of the Legislative Decree n° 196/2003, we wish to give you the following information:

1) Data Processing Purposes.
The personal data you provide us with will be processed for the following purposes:
A) administration and accounting,
B) commercial and marketing, advertisement and other relevant activities.

2) Processing Means.
With reference to the above mentioned purposes, your personal data shall be mostly processed both by electronic and paper-based means, legally and accurately in order to guarantee the safety and confidential nature of the very data. In any case the protection of your personal data shall be guaranteed through a password.

3) Nature of collection of Personal Data.
Your personal data is compulsorily collected in appliance with both law and contract duties, (referred to in section A of the Purposes paragraph), therefore, refusal to provide such data would entail the impossibility on our part to establish and/or continue a working relationship.
Whereas the collecting of further data not ascribable to law or contract duties, and are ascribable to activities relevant to commercial, marketing, advertising, promotional, customer satisfaction level and other activities linked to those aforementioned (in section B of Purposes paragraph) have a facultative character instead, since they are collected to publicise the partner’s (customer) potential with its reference market and also to optimise the partner’s (customer) relationship with the services performed by our company within the range of our activities. The refusal to provide these data for those purposes, even though not jeopardising the working relationship will prevent us from propose commercial, promotional and marketing initiatives offered by our company.

4) Dissemination of Personal Data.
Your Personal Data could be disseminated insofar as inserted in sector catalogues and publications according to the above mentioned purposes.

5) Disclosure of Personal Data.
Your Personal Data may be disclosed only to clearly specified third parties, such as: Linked, controlled or controlling companies, public and private bodies (Social Security and Welfare Institutions, Insurance Companies), Banks and Lending Institutions, Financial and Credit Insurance companies, Chamber of Commerce, Consultants, Agents and freelances, the Army and Police Force, national customs and tax offices.

6) Controller of Personal Data Processing.
Artissima s.r.l. a socio unico with registered office in via Magenta, 31 10128 Torino Italia is the data controller responsible for your Personal Data Processing.

7) Responsible of Data Processing.
The Person responsible for the Processing appointed by the company is Dott. Cristian Valsecchi.

8) At any time you can exercise your rights towards the company in charge of the processing, in compliance with section 7 of the Legislative Decree 196/2003, which is fully reproduced and enclosed below for your convenience.

 

Legislative Decree n° 196/2003
Section 7 – Right to access personal data and other rights
1. The individual concerned has the right to obtain confirmation as to whether or not personal data concerning him/her exist, regardless of their being already recorded, and also to obtain communication of such data in an intelligible form.
2. The individual concerned has the right to being informed as to:
a) source of personal data;
b) manners and purposes of data processing;
c) the logic applied to the processing, if the latter is performed with the aid of electronic means;
d) the identification data concerning the data controller, data processor and the representative designated as per Section 5, paragraph 2;
e) the individual entities or entity categories to whom or which the personal data may be communicated and who or which may gain knowledge of said data in capacity as appointed representative in the State’s territory, data controller(s) or person/people in charge.

3) The individual concerned has the right to obtain:
a) updating, corrections or, where interested therein, integration of data;
b) deletion, anonymisation or blocking of data which have been processed unlawfully, including data whose storage is unnecessary for the purposes for which data have been collected or subsequently processed;
c) the attestation to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which data were communicated or disseminated, unless the requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.

4) The individual concerned has the right to object, entirely or in part:
a) On legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purposes of the collection;
b) To the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

Legislative Decree n° 196/2003
Section 24 – Cases in which no consent is required for Processing of Personal Data

1. Consent is not required as well as in cases referred to in Part II, also if data processing:
a) is necessary to comply with an obligation imposed by a law, regulations or Community legislation;
b) is necessary for the performance of obligations resulting from a contract to which the data subject is a party, or in order to comply with specific requests made by the individual concerned prior to entering into a contract;
c) concerns data taken from public registers, lists, documents or records that are publicly available, without prejudice to the limitations and modalities laid down by laws, regulations and Community legislation with regard to their disclosure and publicity;
d) concerns data relating to economic activities that are processed in compliance with the legislation in force as applying to business and industrial secrecy;
e) is necessary to safeguard life or bodily integrity of a third party. If this purpose concerns the individual concerned and the latter cannot give his/her consent because (s)he is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the individual concerned, or else by a next of kin, a family member, a person cohabiting with the individual concerned or, failing these, the manager of the institution where the individual concerned is hosted. Section 82(2) shall apply;
f) except for data dissemination, is necessary for carrying out the investigations by defence counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefore by complying with the legislation in force concerning business and industrial secrecy;
g) except for data dissemination, is necessary to pursue a legitimate interest of either the data controller or a third party recipient in the cases specified by the Garante (Guarantor of Privacy) on the basis of the principles set out under the law, also with regard to the activities of banking groups and subsidiaries or related companies, unless said interest is overridden by the rights and fundamental freedoms, dignity or legitimate interests of the individual concerned;
h) except for external communication and dissemination, is carried out by no-profit associations, bodies or organisations, recognised or not, with regard either to entities having regular contacts with them or to members in order to achieve specific, lawful purposes as set out in the relevant memorandums, articles of association or collective agreements, whereby the mechanisms of utilisation are laid down expressly in a resolution that is notified to individual concerned with the information notice provided for by Section 13;
i) is necessary exclusively for scientific and statistical purposes in compliance with the respective codes of professional practice referred to in Annex A), or else exclusively for historical purposes in connection either with private archives that have been declared to be of considerable historical interest pursuant to Section 6(2) of legislative decree no. 499 of 29 October 1999, adopting the consolidated statute on cultural and environmental heritage, or with other private archives pursuant to the provisions made in the relevant codes.

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