INFORMATIVE NOTE IN ACCORDANCE WITH ARTICLES 12 AND 13 OF THE EU REGULATION N. 679/2016
The EU Regulation n. 679/2016 (below also GDPR) establishes rules concerning the protection of individuals with regard to the processing of personal data, as rules concerning the free circulation of the same. In order to protect the fundamental rights and freedoms of individuals, the Regulation imposes on the data controllers the obligation to provide the interested parties with the information referred to in articles 12, 13 and 14, and a specific indication of rights of the data subject, provided for in articles 15 to 22 of GDPR.
Please refer to the reading of the art. 4 of GDPR- “Definitions”, for the possible specification and deepening of the meanings of the terms used below.
Informations in accordance with article 13, par. 1
- A) Contact detail of the controller
Farm Borgogno Serio, Boffa Federica and Bolla Emanuela Farm and Fratelli Serio & Battista Borgogno s.n.c. inform you that your personal data will be treated:
- in accordance with artt. 12 and 13 of the EU Regulation n. 679/2016 (General Data Protection Regulation, below also “GDPR”), by specifically authorised individuals, limited to the purposes and the modalities that will be specified below.
- B) Contact details of the Data Protection Officer
The activity carried out of the purposes referred to in this informative note of the farm Borgogno Serio, Boffa Federica and Bolla Emanuela Farm e Fratelli Serio & Battista Borgogno s.n.c. is notpart of assumptions provided by art. 37 of the EU Regulation n. 679/2016.
- C) Object and purposes of the processing
Farm Borgogno Serio, Boffa Federica and Bolla Emanuela Farm, and e Fratelli Serio & Battista Borgogno s.n.c., as Controller, inform you that it will process your personal data, and specifically, the registry data municipalities, as nameand surname, and your postal data as postal address,email addressand identifying and IP address or domain names, tax data, bank and accounting data, phone numbers, all from you directly communicated, for the only purpose of the execution of the contract of sale, also with regard to the preliminary contract or the request of quotations.
In particular, the personal data that Farm Borgogno Serio, Boffa Federica and Bolla Emanuela Farm and Fratelli Serio & Battista Borgogno s.n.c. submit treatment are exclusively those provide by you at the time of the subscription of the sales contract. These data will be processed for the pursuit of the following purposes:
1)fulfilment and execution of the contract of sale and completion of any action aimed at fulfilling the reciprocal obligation arising from the contractual relationship; fulfilment of specific requests provided by yourself before concluding the final contract with the person concerned; fulfilment of fiscal, administrative, technical and/or accounting obligations with the person concerned; customer management (customer administration; administration of contracts, orders, shipments and invoices; control of reliability and solvency, transfer of credit, request for information); management of litigation (breach of contract, disagreements, transactions, debt collection, arbitration, litigation and litigation); internal Control Services (security, productivity, quality of services, integrity of assets);
2)after your necessary and explicit consent, conduct of market research and market analysis aimed at detecting the degree of customer satisfaction on the quality and typology of the products sold and the services offered, statistical and quantitative analyses of the receivables, in relation to the management and recovery or in compliance with applicable supervisory provisions, and also sending of advertising material and/or communications and information of a commercial and direct marketing (analysis and market surveys) on the products offered for sale and on the supplies and works offered by the company. This can be done either by means of traditional contact systems, such as postal service and phone calls with operator, and with the use of automated systems, computer and/or telematics such as e-mail;
Lawfulness of processing
The communication from you to Farm Borgogno Serio, Boffa Federica and Bolla Emanuela Farm and Fratelli Serio & Battista Borgogno s.n.c. of the personal data above better specified, it has as presuppositions of lawfulness of the treatment, the following legal bases:
- About the previous point1), to the senses and the effects of art. 6, par. 1, lett. b) of GDPR, concerning the execution of the sales contract for which you are a party or the execution of pre-contractual measures taken at your request.
The communication of the data for that purpose to the company is necessary to the establishment and execution of the contractual sales relationship of which you are part with the subscription of the contract, in particular with reference to all the specific services related to the establishment and the correct execution of the aforementioned contractual relationship. Failing to communicate its data, it will not, therefore, be possible to fully give course to the contract of sale or in any case to the pre-contractual measures and therefore to the establishment and execution of the same commercial contractual relationship.
- About the previous point2), in accordance with a 6, par. 1, lett.a) of GDPR, concerning your freely given, specific, informed and unambiguous consentand anyway in accordance with art. 6, par. 1, lett.f) of GDPR, also for the pursuit of the legitimate interest of the data controller.
The communication of the data for that purpose to the companies has, instead, a purely optional nature, and will have no consequence on the execution of the sales contract, if not the impossibility for the controller to carry out these activities further. And, in any case, it may be revoked by you at any time, not in any way preventing the establishment and execution of the contractual relationship of supply and installation.
- D) The treatment is based on art. 6 par. 1 lett. F)
The processing of personal data is also based on the legitimate interest of the data controllers, as exercise of their rights in the context of the company as manufacturer and retailer of products, the execution of contractual and pre-contractual services and the realization of direct marketing operations.
- E) Recipients and categories of recipients of collected data and methods of treatment
The processing of the personal data communicated by yourself is realized by means of the operations indicated in art. 4 n. 2 of GDPR, and precisely: “collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, us, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”.
The personal data communicated by yourself are processed in printed form, computerized and telematics and inserted in the relevant data and related databases (administration, accounting, commercial, technical, marketing, etc), with technical and organisational modalities to guarantee a level of safety appropriate to the risk under art. 32 of GDPR 2016/679, by specially authorised subjects, in compliance with the provisions of art. 29 of GDPR 2016/679, or employees and/or collaborators of Farm Borgogno Serio, Boffa Federica and Bolla Emanuela Farm and Fratelli Serio & Battista Borgogno s.n.c. as authorised entities and/or internal delegated referees and/or system administrators, which may carry out consultation, use, processing, comparison and any other appropriate operation with the aid of electronic or computer instruments in compliance with the legal provisions necessary to ensure, moreover, confidentiality and data security as well as the accuracy, updating and relevance of the data in accordance with the stated purposes and modalities.
It is specified, in particular, that, pursuant to art. 13, par. 1, lett. e), your personal data may be processed by authorized parties and/or internal delegated representatives of the functions delegated to this and/or also by external processors (in the case of individual professionals and/or complex professional associations), in charge of accounting, financial, administrative, technical, commercial, legal and marketing management.
In particular, in relation to the aforementioned purposes, the data may be disclosed to the following subjects and/or categories of people indicated below, or may be communicated to companies and/or people, which provide services, including external ones, on behalf of of the data controller. Among these, we indicate for greater clarity, by way of example but not exhaustive: subjects who perform, in total autonomy as separate data controllers or as external responsible for that purpose appointed by the controller. Borgogno Serio, Boffa Federica and Bolla Emanuela Farms and Fratelli Serio (as procurers, agents, etc ...), purposes auxiliary to the execution of commercial contractual relationships, or subsidiaries, controlling companies or otherwise connected to the Company for purposes other than administrative and accounting, commercial services, postal services and shipping agencies and delivery, business partners, companies that offer advertising and marketing services (if you have given explicit consent), companies that manage databases for credit risk assessment, banking and insurance institutions, public administrations and supervisory and control authorities, law firms and notaries, debt collection companies, service centers, companies o consultants appointed to provide specific professional services and consultancy to Farm Borgogno Serio, Boffa Federica and Bolla Emanuela Farm and Fratelli Serio& Battista Borgogno s.n.c., always within the limits of the purposes for which your personal data have been collected.
- F) Data transfer
Farm Borgogno Serio, Boffa Federica E Bolla Emanuela Farm e Fratelli Serio & Battista Borgogno s.n.c. reserves, in particular, in accordance with art. 13, par. 1, lett. f), the right to transmit your personal data, in particular for accounting, administrative and commercial management purposes to third parties operating, also in the name and account data controllers, for the execution of the services related to the purposes indicated in this information (in illustrative but not exhaustive carriers), both intra-EU and extra EU (in this latter case, it will only be subjects belonging to the Privacy Shield protocol).
Information in accordance with art. 13, par. 2
- A) Data retention Period
Regarding the previous point 1), pursuant to and for the purposes of art. 6, par. 1, lett. b) of GDPR, concerning the execution of the sales contract of which you are a part or the execution of pre-contractual measures adopted upon your request, we point out that, in compliance with the principles of lawfulness, limitation of purpose and storage and minimization of data, in accordance with art. 5 of GDPR 2016/679, the retention period of your personal data is established for a time frame not exceeding the attainment of the purposes for which they are collected and processed, therefore for the duration necessary to execute the sales contract, or for the time necessary to follow up on your mere request for an estimate if it is not concretized in an order, and in any case for a period not exceeding 10 (ten) years following the conclusion of the commercial contractual relationship itself.
Regarding the previous point 2) pursuant to art. 6, par. 1, lett. a) and b) of GDPR, concerning your express consent or the legitimate interest of the right controllers, we point out that, in accordance with the principles of lawfulness, purpose limitation and data retention and minimisation, under of art. 5 GDPR of 2016/679, the retention period of your personal data is established for a time frame not exceeding the attainment of the purposes for which they are collected and processed, therefore, will be retained until the express withdrawal from you.
- B) rights of the data subject
- right of access and rectification
Pursuant to art. 15 of GDPR, as data subject, you have the right to obtain from the controller confirmation of the existence or otherwise of processing of personal data concerning you, to obtain access to them and to all the information referred to in the same art. 15, par. 1, lett. a) to h), by issuing a copy of the data processed in a structured format, in common use, readable by an automatic and interoperable device.
Pursuant to art. 16 of GDPR, as data subject, you also have the right to obtain from the data controller the rectification and/or the integration of the data object of processing, if they are not updated and/or inaccurate and/or incomplete.
- right to erasure and right to restriction
Pursuant to art. 17 of GDPR, as data subject, you have the right to obtain, without undue delay by controller exclusively in the cases referred to in art. 17, par.1, lett. a) to f) of GDPR, the erasure of the data concerning you- with the exception of specific cases provided for by art. 17, par. 3.
Pursuant to art. 18 of GDPR, as data subject, you have the right to request and obtain from the controller the restriction of processing your personal data, i.e. that such data are not subjected to additional processing and can no longer be modified. The Controller ensure that the restriction of processing to be carried out by technical devices adapted to ensure their inaccessibility and immutability.
- right to data portability
Pursuant to art. 20 of GDPR, as data subject, you have the right to receive by the controller, the personal data concerning you, whose processing is performed by automated means, in structured, commonly used and machine-readable format, and you also have the right to transmit such data to another controller, i.e. to obtain from the controller, where technically feasible, the direct transmission of such data to another controller specifically identified.
- right to object
Pursuant to art. 21 of GDPR, as data subject, you have the right to object in any moment to the processing of personal data concerning you, for reasons related to your particular situation, in cases where the processing of your personal data is necessary (1) for the execution of a task in the public interest and/or connected to the exercise of public power which is invested the controller; (2) for the pursuit of a legitimate interest of the controller or a third party; (3) for profiling activities performed by the controller on the basis of the preceding points.
You have the right to object the processing of your personal data for reasons related to your particular situation where the same data are processed for the purposes of scientific research or historical or for statistical purposes in accordance with art. 89, par. 1 of GDPR, except in the case where the processing is necessary for the execution of a public interest task.
detailed operating mode for the exercise of the rights
The controller will confirm receipt of your request and will give you the information relating to the action taken with reference to the exercise of your rights provided for in art. 15 to 22 of GDPR, within one (1) month after receipt of the request. If necessary, and taking into account the complexity and the number of requests, the controller may extend this period of two (2) months after communication motivated by transmitting within one (1) month after receipt of the request.
The controller will communicate any rectification, cancellation, limitation, opposition to all recipients, as identified by the art.4, par.1, n.9 of GDPR, to which such data have been transmitted, unless this proves impossible and/or involves a disproportionate effort.
In the case where the controller does not comply with the request within a period of one (1) month after receipt of the request, it will inform you of the reasons for the non-compliance and of your faculty to lodge a complaint with a Supervisory Authority (i.e. the italian“Autorità Garante per la protezione dei dati personali”), as specified pursuant to art. 13, par. 2, lett. d) and governed by art. 77 ff. of GDPR.
- C) revocation rights
Pursuant to art. 6, par.1, lett. a) of GDPR, if you have given consent to the processing of your data, for the purposes specified above, your express consent is purely optional and not mandatory, having no other consequence if not the impossibility for the controller to properly perform the aforementioned direct communication services. And, in any case, the consent you may have provided may be revoked by you pursuant to art. 7 of GDPR at any time, with immediate effect on the aforementioned business activities and services. It should be noted that this revocation will not affect the lawfulness of the processing based on the consent given prior to the revocation.
- D) right of complaint
Pursuant to art. 77 of GDPR, as Data Subject you have the right to lodge a complaint with a supervisory authority in the manner indicated in the article.
- E) consequences for failure to disclose your data
The communication of your data is not a legal obligation. But as previously specified, it is based on the lawfulness of the processing, or the execution of a contract of which you are part or the execution of pre-contractual measures by you or your express consent, free, specific, informed and unequivocal.
Both legal bases, as above described, have a purely optional and not compulsory nature, as they have no other consequence other than the impossibility for controller to execute the contract or pre-contract with you stipulate or, in the case of consent, of direct communication. And, in any case, the consent you may have provided, as mentioned above, may be revoked by you at any time, with immediate interrupting effect of the aforementioned business activities and services.
- F) the decision-making processes and Automated Profiling
The controller informs you that, for the purposes of the personal data processing, does not avail itself of the decision-making automated processes, i.e. those directed to take decisions based only on technological means on the basis of predetermined criteria (i.e. without the human involvement), nor does it perform automated profiling activities, namely that directed to use your personal data to analyze or predict aspects concerning the professional performance, the economic situation, health, personal preferences, interests, reliability, conduct, the location or the movements etc.