Information on the processing of personal data pursuant to articles 13 and 14 of EU Regulation no. 2016/679 relating to the website www.latorrente.it
Pursuant to current legislation on the protection of personal data, La Torrente Srl, registered office in Via Paludicella, 23 80057 – S. Antonio Abate NA – Italy, wishes to provide users of the website www.latorrente.it the information regarding the processing of personal data, in the quality of data controller (from now on, also “Owner”) and website controller.
This information is provided only for the website www.latorrente.it (from now on, “website”), and not for other web spaces accessible through the links on the website, equipped with personal data protection policies that the user can consult by accessing their respective websites.
The website also allows you to interact with platforms such as Facebook, Twitter, Google+, LinkedIn, Flickr, Vimeo and Google Map, each of which, if used through the website, could detect and process user data according to their respective privacy policies, also from places outside of European Union. Therefore, before interacting with these web platforms, the user is invited to consult the information on the data processing present on each of them and then decide whether to use them through the website.
The services offered through the website are generally for companies and are exclusively reserved for subjects who have reached the age of eighteen. The data controller will immediately delete all personal data involuntarily collected in relation to subjects who have not reached the age of eighteen.
To take advantage of the services offered through the website, the user is invited to fill in the appropriate information request form on the “contacts” page. If desired, the user can also contact the data controller by sending e-mails or also by telephone.
1) Categories of data being processed
1.1. Navigation data
The computer systems that ensure the functioning of the website collect some “Navigation” data, such as IP addresses, domain names of computers used by users who connect to the website, addresses in URL notation of the requested resources, parameters relating to the user’s computer system.
The provision of these data is automatic and is mandatory for browsing the website.
These data are not collected to be referred to identified users but could allow the identification of the user if they were associated with other data held by third parties.
The data controller has no possibility to identify the user autonomously through browsing data only. He guarantees that these data will be used for the sole purpose of obtaining statistical information on the use of the website and will be deleted as soon as the activities for which they are carried out are carried out been collected.
The data may be used to ascertain responsibility if computer crimes are committed against the website.
1.2. Data accidentally provided by the user
The personal data provided by users when completing the information request form belong to the category of common data, and do not include sensitive, health, genetic, biometric, judicial data, or data referred to in art. 9 and 10 of EU Regulation no. 2016/679, since the processing of these last categories of data is not necessary for the pursuit of the purposes pursued by the Data Controller.
The data that the user will enter to fill in the electronic information request form, and which will be acquired by the data controller, are name, surname, e-mail address and telephone number.
The data controller may process the data entered voluntarily by the user in the “message” section of the information request form, as well as the data that will be spontaneously communicated by sending e-mails, including the sender’s e-mail address.
In any case, only personal data strictly necessary for the pursuit of specific and legitimate purposes will be processed. The treatment will always be pertinent and never exceeding.
2) Source from which personal data originate
The “Navigation” data referred to in the previous art. 1.1 are automatically acquired by the software procedures used to make the website work.
The personal data referred to in the previous art. 1.2 are provided by users of the website by filling in specific electronic information request forms on the pages of the website, or by sending spontaneous communications.
3) Purpose of the treatment
Except as specified in the previous art. 1.1 regarding the “Navigation” data, the personal data provided by users of the website may be processed:
a) to satisfy requests submitted by the user and perform specific pre-contractual activities that may be desired by the user (for example, the preparation of a quote);
b) for the fulfilment of obligations under the law and regulations;
c) for commercial, advertising, promotional and marketing purposes in a broad sense, which involve processing:
c.1) to send communications of information related to new offers of products and services, of commercial nature and/or commercial solicitation (newsletter) by data controller;
c.2) to carry out the sale of services of the data controller;
c.3) to send unsolicited commercial communications, immediately identifiable as such and containing the indication that the recipient of the same may object to the receipt of further such communications;
d) for “profiling” activities. This activity consists of processing the individual user’s personal data in order to analyse their commercial preferences and obtain a profile as a consumer, to send them commercial offers of products or services. This treatment therefore involves sending commercial communications regarding products or services deemed to conform to the commercial profile of the individual user (for example, if they are similar to products or services already requested or purchased), for a time not exceeding that one of the treatment . This purpose is in fact connected to those of a commercial, advertising, promotional and marketing nature in the broad sense referred to in letter c) and is pursued only with the express consent of the interested party.
4) Expression of consent
Consent to the processing of personal data, where requested, is given by the interested party through the selection of the appropriate fields shown on the data collection form.
5) Consequences of failure to communicate personal data
Communicating personal data requested in the information collection forms on the website, even if being left to the free will of the user, is necessary to achieve the specific purposes pursued by the owner and connected to the processing of this information.
Consequently, the failure to communicate the mandatory data through the aforementioned information collection form or through other means of contact, will prevent reaching the main purpose for which they are requested.
Therefore, failure to communicate these data will prevent the Data Controller from processing the requests of the user and from carrying out any pre-contractual activities that may be desired by the latter.
Even if he does not communicate mandatory data, the user can continue to browse the website.
The communication of data other than that requested in the information collection form is up to the user; consequently, the failure to communicate these data, which are called optional data, will not produce any consequence.
Similarly, consent to the processing of personal data for the marketing purposes referred to in art. 3 letter c) of the information, or for those of profiling pursuant to art. 3 letter d), is purely optional.
Therefore, failure to consent to the related processing will not entail any consequences for the user, except he will not receive the promotional and commercial communications indicated in art. 3 letter c) and will not be subject to profiling.
By consenting to the processing of personal data for commercial, advertising, promotional and marketing purposes in a broad sense, the user authorizes the processing of their data as follows:
– through “traditional” methods, such as telephone calls with operator and contact by other non-electronic means or not supported by automatic or telematic procedures, and through automated and similar telephone calls such as SMS and similar, systems supported by automatic, electronic procedures o telematics, without operator;
– with reference to all the purposes indicated in art. 3 letter c), that is both those indicated in letter c.1) and those indicated in letter c.2) and those indicated in letter c.3).
The user has the right to request the data controller at any moment to limit the processing of personal data for the purposes referred to in art. 3 letter c) to some of the methods explained above (for example, only through “traditional” means) or to some of the types of treatment indicated in letters c.1), c.2) and c.3) (for example, only when sending newsletters).
6) Legal basis of the treatment
The legal basis for data processing for the purposes referred to in art. 3 letter a) consists in the need to execute specific pre-contractual measures requested by the user. With reference to these purposes, although not mandatory, the owner also requires the consent of the user.
In case the user decides to contact the data controller by sending e-mail messages or other means of communication other than filling in the appropriate form, the legal basis of the treatment will consist only in the need to execute the specific pre-contractual measures requested by the user.
The legal basis for the processing of personal data related to the purposes referred to in article 3 letter b) consists in the fulfilment of legal obligations.
The legal basis for the processing of personal data relating to the purposes referred to in Article 3 letters c) and d) exclusively consists of the prior, free, specific, optional and informed consent to the processing for the purposes.
The legal basis for the processing of navigation data consists exclusively in the need for the site to function.
7) Processing methods
The personal data provided by users of the site will be processed at the offices of the data controller, or in other places where the parties involved in the processing operate, through electronic and/or mechanical and analogical methods for the time strictly necessary to achieve the purposes for which the limits indicated in art. 13 of this information, in full compliance with the purposes pursued by the data controller and in accordance with the current privacy legislation.
Specific security measures are necessary to prevent the loss of data, illicit or incorrect use of the same, as well as unauthorized access.
8) Disclosure of personal data for the request of information sent by the user or for the fulfilment of legal obligations.
In compliance with current privacy legislation, user’s personal data may be disclosed to third parties to whom communication is necessary for the pursuit of the purposes referred to in art. 3 letter a) and b), without the need to acquire separate consent.
Pursuant to art. 13 letter e) of EU Regulation 216/679, it is specified that customer’s personal data may be disclosed to the following categories:
the employees and collaborators of the data controller, appointed as data processors and specifically instructed pursuant to art. 29 of EU Regulation no. 2016/679;
the data processor or the data protection officer of the data controller and of the data controller, where appointed;
third parties that offer services related to digital communication and belonging to the following categories: technical studies, subjects and/or companies that offer digital communication services, including hosting services, services related to the publication of websites, design and development of software, or that operate as suppliers of IT and logistics services functional to the site’s operations;
Public Authority or any other third party if required by law.
9) Disclosure of personal data for the pursuit of promotional and marketing purposes in a broad sense.
The Data Controller will not communicate your data to third parties for promotional or marketing purposes in the broader sense referred to in art. 3 letter c).
10) Additional hypotheses for communication of personal data.
For the sole purpose of satisfying the legitimate interest of the data controller in the protection of their rights, user’s personal data may be communicated, without latter’s consent, to subjects and companies that perform legal, tax, administrative consultancy activities , tax, or defence and technical assistance, both judicial and extrajudicial, who will act as independent Data Controllers.
11) Dissemination and transfer of personal data to countries outside the EU or to international organizations
User data may be transferred to one or more countries within or outside the European Union, exclusively in those countries deemed by the European Commission to offer an adequate level of protection, the list of which can be consulted here: https://ec.europa.eu/info/law/law-topic/data-protection_en.
The Data Controller will not disseminate the user’s personal data to international organizations.
12) Period of retention of personal data
The personal data voluntarily provided by the interested party to request information or other pre-contractual activities will be kept for the time necessary to process the request made by the user and in any case not exceeding 12 months from their collection, unless previously requested by the interested party.
Where user’s request is followed by the stipulation of a contract for the supply of the services offered by the owner, the personal data will be handled for the period indicated on the specific information that will be attached to the contract.
Personal data processed for promotional, commercial and marketing purposes in a broad sense and profiling as per art.3, letters c) d), will be kept for a period not exceeding 12 months from collection.
Browsing data remain for a period not exceeding one month.
In any case, the terms of five or ten years of retention of documents and related data are respected for the purpose of admitting the civil, accounting and tax obligations prescribed by current legislation.
13) Rights of the interested party
According to the art. 7 of the Privacy Code and articles 13, co. 2, letters b) and d), 15, 18, 19, 21, of EU Regulation no. 2016/679, the user can at any time the rights referred to in the aforementioned art. 7 of the Privacy Code as well as the rights referred to in articles from 15 to 23 of the aforementioned EU Regulation.
In particular, the interested party will have
– the right to have access to their personal data and to obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and the communication in intelligible form of the same data, as well as the right to data portability ( or the right to receive the personal data provided, in a structured format, commonly used and readable by an automatic device);
– the indication of their origin, the purposes and methods of treatment, as well as, if the treatment is managed with electronic tools, the logic on which the treatment is based; the indication of the identity of the owner and any managers;
– an indication of the subjects and categories of subjects to whom the personal data may be communicated or who may become aware of them as managers or agents;
– use, rectification or, if interested, integration of data;
– the removal, anonymous transformation or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which they were processed or processed;
– opposition, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to oppose the processing of personal data concerning him provided for the purposes of commercial information or for the sending of advertising or direct sales material or for carrying out market research or commercial communication;
– the correction and/or cancellation of the same and/or the processing procedure that concerns him;
– the withdrawal of the consent to process, if the treatment is based on their consent, without prejudice to the treatment already assisted;
– the chance to offer a complaint to the supervisory authority. This authority is represented, in Italy, by the Privacy Guarantor, based in Rome, Piazza Monte Citorio, 121, c.a.p. 00186.
14) Use of profiling processes by the owner
The data controller may subject user’s personal data to profiling processes as indicated in art. 3 letter d), only with the express consent of the latter.
15) Data controller
For his rights, the user can contact, at any time, the data controller, whose identification details are the following: La Torrente Srl, with registered office in S. Antonio Abate, NA, Via Paludicella, 23 80057 – S. Antonio Abate NA, phone +390818738410, pec email@example.com
The Data Controller makes the following e-mail address available to users of the site for rights services, also with reference to requests addressed to third parties to whom the data have been communicated with the specific consent of the interested party: firstname.lastname@example.org.
The updated list of the appointed data processors is available at the headquarters of the data controllers in charge.