Regulations under article 13 of Legislative Decree 196/2003 (personal data protection code)
Assumption: Legislative Decree 196/2003 Code (personal data protection code) disciplines the processing of the personal data, processing shall mean ‘any operation, or set of operations, carried out with or without help of electronic or automated means, concerning the collection, recording, organization, keeping, interrogation, elaboration, modification, selection, retrieval, comparison, utilization, interconnection, blocking, communication, dissemination, erasure and destruction of data, whether the latter are contained or not in a data bank’. Law foresees that the information stated in this communication is given to the interested person (data subject). The following information is regarding the use of the personal data which the interested person (data subject) will need to leave filling in the requested information form. In case data subject intends to use our services (even in the future), we will submit the ulterior information on the use of the personal data essential for the execution of the contract from both sides. A – Purpose of the process of the data to whom it is destinated The Owner of the Website (Data Controller) informs that the personal data given upon completing of the requested information form will be processed lawfully and fairly, relevantly, completely and not excessively:
1. To illustrate our services according to the needs specified by the data subject. MANDATORY DATA (i) It is mandatory to fill in the fields marked with a symbol * In case of absence (or error) of this data, the Owner could be not able to answer fully or satisfactory to the request. Once filled in, this data could be processed without a consent of the applicant as established in the article 24, co.1, lett.b) of Legislative Decree 196/2003 OPTIONAL DATA (ii) Filling in the data in the fields not marked with a symbol * will help the Owner to improve the quality of the service requested and to personalize the request. Filling in this data is optional. In case data is not given, the applicant will anyway receive the response to his request. In case of filling in the optional field data, the Owner will be able to use it only after having received previously an authorization from the applicant that could be found in the bottom of this communication ‘Agree to the use of my personal details’
2. In order to contact the applicant for the current or future offers which may be of his interest. The use of the data for this purpose is permitted only in case of acceptance of this communication in the bottom ‘Agree to receive additional information and/or promotions by e-mail from the Owner’ B – Data Processing Methods
1. Tools and logics For the purposes above, the data processing is performed by means of manual, IT and telematic tools, by applying referred logics that are strictly correlated to the purposes above, and in such a way so as to guarantee privacy and security.
2. Personal data conservation Personal data will be in use for the necessary period of time in order to fully process the request of the applicant. Such period of time is changeable depending on the type of request and on the actual date of the event. After this period of time the personal data will be conserved only in case the consent to do so was previously authorized by the applicant to be contacted for promotional purposes. Typology of the personal data used None of the requested personal data is recognized as a ‘sensible data’ or ‘judicial data’ of points d) and e) of the art. 4 of Legislative Decree 196/2003. In case such data is transmitted we will be responsible to delete it immediately. Only if this data is necessary for the correct process of the request , we would send a special form to be filled in and send back to us with authorization to use this sensible data, otherwise we won’t be able to use it (art.26, Legislative Decree 196/2003). ‘sensitive data’ shall mean personal data allowing the disclosure of racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organizations of a religious, philosophical, political or trade-unionist character, as well as personal data disclosing health and sex life’. In any case we would kindly ask not to leave this data if not absolutely necessary for your request. C – Category of the individuals in role of Responsible (data processors) with whom the personal data can be shared
1.The Owner of the Site (Data Controller) can transfer or make accessible personal data in his possession to the individuals in role of data processors for the appointed request or process.
2. Moreover, the Owner of the Site (Data Controller) can occasionally communicate personal data in his possession to the suppliers in case this is necessary for the better finalization of the request. If you would like to know the identity of the individuals with whom the personal data could be shared, this could be done with simple request to the Owner of the Site (Data Controller) identified in the point E of this communication. Personal data is not shared in any way with third parties. D – Rights of the data subjects Article 7 of Legislative Decree 196/2003 gives data subjects specific rights in relation to the use of personal data. Article 7 states:
1. Data subjects shall have the right to obtain confirmation as to whether or not personal data concerning them exist, even if the data have not yet been recorded, and communication of such data in intelligible form.
2. Data subjects shall have the right to information on : a) the source of the personal data; b) the purposes and modes of processing; c) the logic applied when the data is processed with the use of electronic instruments; d) the identity of the Owner, data processing officers and the representative designated pursuant to Article 5.2; e) the entities or categories of entities to which the personal data can be transferred or which can gain knowledge of them as designated representatives of the state, data processing officers, or data processors.
3. Data subjects shall have the right to obtain: a) the updating, correction or, should they be interested, additions to the data; b) the cancellation, transformation into anonymous form, or blocking of data processed in violation of law, including those that need not be retained for the purposes for which the data were collected or subsequently processed; c) certification that the parties to which the data have been transferred or disseminated have been notified of the operations specified in points a) and b), also regarding their content, except for the case where notification proves impossible or requires the use of means clearly disproportionate to the right being protected.