The company T.M. Italia s.r.l. registered in Folignano (AP) via Cenciarini 3 and headquarters in Ascoli Piceno via del Fornaio 24 Zona Industriale Campolungo, Fiscal Code and VAT no. 01294870447 (hereinafter, “The Handler”), as Handler of the data processing, in accordance with art. 13 D. Lgs. 30/06/2003 n. 196 (hereinafter, “Privacy Code”) and art. 13 EU Regulation no. 2016/679 (hereinafter, “GDPR”) informs you that your data will be treated following the methods and according to the purposes described below:
1. Data subject to processing
The Handler processes personal identifying data (for example, name, surname, business name, address, telephone, e-mail address, bank and payment details – hereinafter, “personal data” or also “data”) that were provided by you under the contract to purchase goods and services offered by the Handler.
2. Purpose of the data processing
Your personal data are processed:
A) without your explicit consent (art. 24 lett. a), b), c) Privacy Code and art. 6 lett. b), e) GDPR) for the following Purposes of Service:
Execute the agreements for goods and services provided by the Handler;
fulfill all the pre-contractual, contractual and fiscal obligations deriving from existing relationships with you;
fulfill the obligations dictated by national law, regulations, EC legislations or Authority directives;
exercise the Handler’s rights (such as for example the right to legal defence).
B) Only under your specific and separate consent (art. 23 and 130 Codice Privacy and art. 7 GDPR), for the following Marketing Purposes:
Send you (via e-mail, traditional mail and/or telephone contacts, SMS) sales messages and/or advertising material on products or services offered by the Handler and notices to detect the degree of satisfaction on the quality of the products and services offered.
3. Legitimate interest of the Handler
The legitimate interest to data processing originates from the need to carry out marketing activities aimed at the promotion of goods and services by the Handler. Such tool has been employed towards already acquired clients or towards interested parties who have shown an explicit interest towards the company’s products and it has been legitimized, besides art. no. 47 of the GDPR, also by the procedure established under Law 205/2017, with specific request made to the Autorità Garante per la Protezione dei Dati Personali (Authority Commissioner for the Protection of Personal Data).
4. Methods of Data Processing
The General Data Processing is carried out through the actions as per art. 4 of the Privacy Code and art. 4 n. 2) GDPR and specifically: the collection, registration, arrangement, storage, consultation, processing, modification, selection, mining, comparison, use, interconnection, block, communication, deletion and destruction of data. Personal data are subject to both paper and electronic and/or automatic handling, also through the use of web platforms such as MailChimp. The automated data processing can also include the profiling of the persons concerned in order to exclude message of scarce interest, sorting them for example by profession or geographic area, anyway using exclusively the data required for the purposes previously indicated. Subject to specific consent, the automated data processing can also include profiling activities to measure the audience’s preferences with regards to the Handler’s products and services. The automated data processing does not concern any data of particular type and the person concerned has anyway the faculty to oppose to the automated data processing of own data (see point 10 below).
Each data processing by the Handler is carried in full respect of the methods at art. 6 and 32 of the GDPR and through the adoption of the appropriate security measures called for.
5. Data storage period
The data processed by the Handler, subject to compliance with legal obligations (for example the storage period of fiscal and accounting documents, fixed in 10 years) are stored until explicit request for cancellation by the person concerned and are anyway verified periodically, also through automated procedures, in order to secure they are updated and corresponding to the purposes of the processing. If the purpose for which they were acquired defaults (see art. 2) the data are cancelled, except when explicitly and diversely indicated by the person concerned.
6. Access to data
The personal data may be made available for the purposes listed in art. 2:
to employees and collaborators of the Handler or potential companies of the Handler’s Group, in their role as in charge of and/or in-house processing handlers and/or system administrators;
to potential third companies or other subjects (as a guide: banks, professional studios, consultants, credit insurance companies, etc.) that carry out activities in outsourcing on behalf of the Handler, in their role as external persons-in-charge of the data processing.
7. Communication of data
Without the need for an explicit consent (ex art. 24 lett. a), b), d) Privacy Code and art. 6 letters b) and c) GDPR), personal data as art. 2. can be communicated to Surveillance organisms, Judicial authorities, banks, credit insurance companies, as well as to those subjects to whom communication is mandatory by law for the fulfilment of the said purposes. Said subjects will handle data in their roles as independent processing data handlers.
The personal data supplied will not be circulated.
8. Transfer of data outside the EU
Personal data are stored on servers located at the Handler’s headquarters as indicated above or on cloud servers but still within the European Union. It is convened in any case that where necessary the Handler will have the faculty to move the servers also outside of the European Union. In such case, the Handler guarantees henceforth that the transfer of data outside the European Union will occur in compliance with the applicable law regulations, prior agreement on the contract clauses provided for by the European Commission.
9. Nature of the data provision
Providing the data for the purposes envisioned in art. 2.A) is compulsory. Lacking those we will not be able to guarantee the goods and services in art. 2.A).
Providing the data for the purposes envisioned in art. 2.B) is on the other hand optional. You can therefore decide not to confer any data or to deny the possibility to treat already supplied data successively. In such a case, you will not be able to receive newsletters, sales messages and advertising material pertaining to the goods and services offered by the Handler. You will still be entitled to the goods and services as in art. 2.A).
10. Rights of the concerned person
As the concerned person, you can exercise your rights as per art. 7 of the Privacy Code and art. 15 of the GDPR and specifically the right to:
receive confirmation of the existence of your personal data, even if not yet registered, and the communication of the existing data in an intelligible form;
receive the indication of: a) the source of personal data; b) the purposes and methods of the data processing; c) the logics applied in case of data processing through; d) the identity of the Handler, the persons in charge and the designated representative as per art. 5, comma 2 of the Privacy Code and art. 3, comma 1, GDPR; e) subjects or categories of subjects to whom the data may be communicated or who can learn about them in their role as appointed representative in the State, managers or agents;
obtain: a) that the data are updated, amended or, when of interest, integrated; b) that data violating the law, here including those for which storage in relation to the purposes for which they were collected or subsequently handled is not necessary, are canceled, rendered anonymous or blocked; c) the confirmation that operations as described at the letters a) and b) have been notified, also for what regards their content, to the persons to whom data were communicated or transferred, save for the case in which such a provision is deemed impossible or it requires an employment of means manifestly disproportioned against the protected right;
object, in full or in part: a) for legitimate reasons to the processing of your personal data, even in case the processing is pertinent to the purposes of the data collection; b) to the processing of personal data for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication, by means of automated call systems without operator, electronic mail and/or traditional marketing tools, via phone and/or traditional mail. It is noted that the right of the person concerned to oppose, as described at the previous letter b), for direct marketing purposes through automated means extends to traditional ones and that the person concerned still retains the possibility to exercise the right to oppose also only in part. Therefore, the person concerned can decide whether to receive communications by traditional means only or automated communications only or neither of them.
Where applicable, the person concerned also enjoys the rights described in articles 16-21 GDPR (Right to rectification, Right to erasure, Right to restriction of processing, Right to data portability, Right to object), as well as the right to complain to the Autorità Garante per la protezione dei dati personali (Authority Commissioner for the Protection of Personal Data), based in Rome, Piazza di Monte Citorio n. 121,.
11. How to exercise your rights
You can exercise your rights in any moment by sending:
A registered mail with return receipt to T.M. Italia s.r.l., Via del Fornaio n, 24, Zona Industriale Campolungo, 63100 Ascoli Piceno;
An e-mail to email@example.com
A PEC (certified electronic mail) to firstname.lastname@example.org
12. Handler of Data Processing, person in charge and designated personnel
The Data Processing Handler is the company T.M. Italia s.r.l., with registered address in Folignano (AP) via Cenciarini 3 and headquarters in Ascoli Piceno via del Fornaio 24 Zona Industriale Campolungo.
The updated list of the persons in charge and the designated personnel for data processing is stored at headquarters of the Data Processing handler.
Owner and Data Controller
T.M. Italia s.r.l.
Registred address: Via Cenciarini, 3 – 63040, Folignano (AP) Italia.
Headquarters: Via del Fornaio n, 24, Zona Industriale Campolungo, 63100 Ascoli Piceno.