DISCLOSURE FOR CUSTOMERS AND SUPPLIERS CONCERNING THE PROTECTION OF PERSONAL DATA PURSUANT TO ART. 12 et. seq EU REGULATION 679/2016
LUCART SPA with registered offices in via Ciarpi, no.77 (VAT No. and Tax Code 00145780466) in the person of its legal representative, as Data Controller, has always been very attentive to the aspects of personal data protection and regarding the principles of confidentiality and dignity of people.
Pursuant to the new EU Regulation 679/2016 and in accordance with the principle of accountability, any processing of personal data must be lawful and fair. The modality in which the personal data concerning you are collected, consulted or otherwise processed, as well as the extent to which the same data are or will be processed must be transparent to natural persons.
The principle of transparency requires that any information and communication relating to the processing of said personal data be easily accessible and easy to understand, and that clear and plain language be used.
This principle applies, in particular, to the information provided to data subjects on the identity of the Data Controller and on the processing methods and further information (see articles 13 and 14 of EU Regulation 679/2016) to ensure fair and transparent processing regarding natural data subjects and their right to obtain confirmation and communication of personal data concerning them which are being processed (see Recital 39, EU Regulation 679/2016).
In light thereof, please read the following disclosure.
LUCART SPA with registered offices in via Ciarpi, no.77 (VAT No. and Tax Code 00145780466) in its capacity as Data Controller, in the person of its legal representative, pursuant to and for the purposes of EU Regulation 2016/679, by this disclosure hereby informs the data subject that the personal data which concern them, which have been collected by the Data Controller or which will be requested in the future and/or communicated by third parties, are necessary and will be used for the following purposes.
PURPOSES AND LAWFULNESS OF PROCESSING
Pursuant to EU Regulation 679/2016, personal data shall be:
- Processed lawfully, fairly and in a transparent manner in relation to the data subject (article 5);
- collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes (article 5);
The data shall be collected for the following purposes:
- For the pursuit of instrumental and/or supplementary to activities that are essential for the performance of the existing contractual/pre-contractual relationship;
- For general accounting purposes, invoicing, management of debts, statutory and tax obligations stipulated by law and for the update of archives;
- To establish the degree of satisfaction of the data subject with regards to the quality of the products and services provided by the company, including statistical analysis;
- The data are processed to transmit service communications, to manage requests for clarification and reports and to manage complaints relating to the established contractual relationship, and for its fulfilment.
Any personal data relative to the data subject or collected therefrom, following the provision of consent, may be used for marketing purposes (i.e., by way of example, to promote advertising and commercial events, to dispatch advertising campaigns, promotions and offers) to be carried out by the Data Controller either by automated or traditional means.
METHODS OF PROCESSING AND OBLIGATION OF CONFIDENTIALITY
The data are processed using computer tools and/or on paper, by persons who are bound to confidentiality, with logic linked to the purposes and in any case, in such a way so as to guarantee the security and confidentiality of the data. Pursuant to the law, the data collected will not be disclosed and disseminated to third parties.
COMMUNICATION TO THIRD PARTIES
Your personal data may be disclosed to third parties known to us solely and exclusively for the aforementioned purposes and, in particular, to the following categories of persons:
- External companies who provide services on our behalf;
- Public bodies and administrations to fulfil legal obligations;
- Professionals who may be of assistance in the fulfilment of legal obligations.
Said persons will process the personal data in the capacity of external Data Managers.
DATA STORAGE PERIOD
Pursuant to art. 5 of EU Regulation 679/2016, “Principles relating to processing of personal data”, personal data shall be kept in a form which permits identification of data subjects for no longer than what is necessary for the purposes for which the personal data are processed.
The personal data of the data subjects may also be stored for longer periods in compliance with the requirements related to the laws in force (for example, for accounting purposes).
RIGHTS OF THE DATA SUBJECT
Pursuant to regulations in force, the data subject may exercise their rights with the Data Controller, as stipulated by EU Regulation 679/2016, that is:
RIGHT OF ACCESS
The data subject has the right to obtain from the Data Controller the confirmation whether personal data that concern them are being processed; if so, they may obtain access to the personal data and to the following information:
- a) the purposes of processing;
- b) the categories of the personal data in question;
- c) the recipients or the categories of recipients to whom the personal data have been or will be disclosed, especially if such recipients are third states or international organisations;
- d) where possible, the period of time during which it has been foreseen that the personal data will be retained or, if that is not possible, the criteria used to determine such period of time;
- e) the existence of the data subject’s right to request from the Data Controller the rectification or deletion of the personal data or the restriction of the processing of the personal data that concern them or to object to their processing;
- f) the right to lodge a complaint with a supervisory authority;
- g) if the data have not yet been collected from the data subject, all the information available on their origin;
- h) the existence of an automated decision-making process, 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.
1. Where personal data are transferred to a third country or to an international organisation, the data subject has the right to be informed of the existence of the appropriate guarantees pursuant to article 46 related to the transfer.
2. The Data Controller shall provide a copy of the personal data that are being processed. For any further copies requested by the data subject, the Data 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.
The right to obtain a copy shall not adversely affect the rights and freedoms of others.
RIGHT TO RECTIFICATION
The data subject shall have the right to obtain from the Data Controller without undue delay the rectification of inaccurate personal data concerning them. 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.
RIGHT TO ERASURE
1. The data subject shall have the right to obtain from the Data Controller the erasure of personal data concerning them 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 article 6, paragraph 1, letter a, or article 9, paragraph 2, letter a), 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) personal data have been unlawfully processed;
- e) personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- f) personal data have been collected in relation to the offer of information society services referred to in article 8, paragraph 1.
2. Where the Data Controller has made the personal data public and is obliged, pursuant to paragraph 1, to erase them, the Data Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Data Controllers which are processing the personal data that the data subject has requested the erasure of any links to, or copy or replication of their 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 Data 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 Data Controller;
- c) for reasons of public interest in the area of public health in accordance with article 9, paragraph 2, letter h) and i), and article 9, paragraph 3;
- d) for archiving purposes in the public interest, scientific or historical research purposes or statistical 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; or
- e) for the establishment, exercise or defence of legal claims.
RIGHT TO RESTRICTION OF PROCESSING
1. The data subject shall have the right to obtain from the Data 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 Data 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 Data 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 Data 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. The data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the Data Controller before the restriction of processing is lifted.
RIGHT TO DATA PORTABILITY
1. The data subject shall have the right to receive the personal data concerning them, which they have provided to a Data Controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another Data Controller without hindrance from the Data Controller to which the personal data have been provided, where:
- a) the processing is based on consent pursuant to article 6, paragraph 1, letter a) or article 9, paragraph 2, letter a), or on a contract pursuant to article 6, paragraph 1, letter b); and
- b) the processing is carried out by automated means.
2. In exercising their right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one Data 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 Data Controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
RIGHT TO OBJECT TO THE PROCESSING
1. The data subject shall have the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which are based on article 6, paragraph 1, letter e) or f) including profiling based on those provisions. The Data Controller shall no longer process the personal data unless the Data Controller demonstrates compelling legitimate grounds for the 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 them for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to the 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 their 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 their particular situation, shall have the right to object to processing of personal data concerning them, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Further to the aforementioned rights, the data subject shall have the right to withdraw consent following a specific request and to lodge a complaint with the Supervisory authority where this is stipulated by law.
DATA CONTROLLER AND PRIVACY COMMUNICATION
The Data Controller is LUCART SPA with registered offices in via Ciarpi, no. 77 (VAT No. and Tax Code. 00145780466) in the person of its legal representative, in its capacity as Data Controller.
For all communication: email@example.com
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EXERCISE OF RIGHTS ON PERSONAL DATA PROTECTION PURSUANT TO EU REGULATION 679/2016