EX ART. 13 LEGISLATIVE DECREE N. 196/2003 AND ART. 13 REGULATION (EU) 679/2016
The undersigned company ELITE COMPUTER ITALIA S.r.l., registered office in Via Padova 209 Milano (MI) 20127, headquarters in Via Achille Grandi 21 Vimodrone (MI) 20090, in its capacity as Data Controller and legal representative pro tempore, within the meaning and for the purposes of Article 13 of the Legislative Decree n. 196 of 30 June 2003 and of Article 13 of European Regulation 679/2016, hereby informs the interested parties of the purposes and modalities of data processing, its communication and dissemination, in addition to the nature of conferment.
DATA PROCESSING PURPOSE
Personal data, subjected to the processing, and specifically identifying, administrative, accounting and fiscal, commercial, possibly computerized, directly related to the customer or to the people concerned (such as collaborators, employees, representatives, etc.), communicated by them in execution and in the performance of the relationship with the Data Controller and in compliance with the provisions concerning the processing and protection of personal data, they are used for the achievement of instrumental aims and/or complementary to the activities lawfully expressed and necessary for the execution of the existing contractual relationship with the customer, with whom the person concerned cooperates, and this with respect to the services/treatments requested by the customer.
In contractual relationships and/or purchases made directly by the person concerned (even through the website of the company), the data provided (also through the website dedicated form) will be processed for the execution of the taken contractual obligations (and/or for the necessary pre-contractual activities), i.e. to execute the order request and for purposes connected with and/or instrumental to its managing or to the post- sales activities, including the handling of any possible complaint.
When expressly permitted, the data will also be processed for sending information messages and commercial/promotional communication regarding the Data Controller’s activities and services, through the use of automated means, e.g. e-mails and sms, as well as through traditional means, e.g. the phone contact with an operator, in full compliance with the principles of lawfulness and propriety and in accordance with the law.
The processing of data is carried out through IT and telematic supports, by individuals (internal and external) specifically designated. The data is stored in electronic files with full assurance of the adoption of adequate security measures provided for by the legislator.
COMMUNICATION AND DIFFUSION, SUBJECTS
The collected data will not be disclosed and disseminated. The communication to third parties, others than the Data Controller, internal representatives and external supervisors to the company structure, and by people in charge of the processing, identified and duly designated in accordance with current legislation, is provided to public bodies for the fulfillment of the law, to Orisline companies to which the Data Controller belongs, for operational and administrative-accounting purposes, as well as, where necessary for the pursuit of the purposes specified and in any case within the limits of them, to third parties and companies, such as legal consultants and professional advisors, credit institutions, insurance companies, credit recovery companies and contract consultancy, shippers, third-party companies providing technical and IT support, companies operating in the IT sector (Data Centers, Cloud Providers, companies providing IT services, including back-up and/or maintenance of the equipment and software, also applications, etc.), also resident all abroad, but in any case always established and using equipment located in the European Union, for the management of security – even cyber security – and of data confidentiality, telemarketing and web marketing companies, engaged in the correct and regular achievement of the purposes described. In any case, the processing by third parties must be carried out according to correctness and in compliance with the legal provisions in force.
Personal data may be transferred outside the single European area, in the case of requests for information from associates and/or Group companies.
Data will be storaged for the time required to carry out administrative, accounting and fiscal purposes related to the existing contractual relationship between the Data Controller and the customer and for the fulfillment of the related obligations and also descending from the obligations established by law, however within the terms prescribed by law for the rights and obligations under the treatment for the exercise of the rights descending from the contractual relationship, even after its definitive termination and those that may be necessary to define the medium term disagreement that arised, if longer. With reference to the processing, in order to send commercial and promotional communications about the Data Controller’s services and to send information relating to his activity, the data will be stored until the person concerned exercises the right to opposition by means made available for this purpose. The opposition to the processing can be advanced by the person concerned for one or the other sending method.
RIGHTS OF THE DATA SUBJECT
The data subject can assert his rights as expressed by the articles 7, 8, 9 and 10 of the Legislative Decree 30 June 2003 n. 196 and by the articles from 15 to 22 and 34 of the Regulation (EU) 679/2016, contacting the Data Controller at the following address: e-mail firstname.lastname@example.org.
In particular, the data subject can request and obtain confirmation of the existence or not of personal data concerning him, even if not registered yet, and their communication in an intelligible form (right of access). The data subject has also the right to know the origin of personal data; the logic applied in case of treatment carried out with the aid of electronic tools and the identification details of the Data Controller, the supervisors and the assigned representative art. 5 of the Legislative Decree 196/2003 and art. 27 of the EU Regulation 679/2016.
The data subject has also the right to obtain the information: a) about the purposes of the processing; b) the category of personal data; c) the recipients or categories of recipients of the data to which personal data has been or will be communicated; d) the expected data storage time or, where it is not possible, the criteria used to determine this period; e) the right to ask the data controller to amend, cancel or limit the processing of personal data concerning him or to oppose the processing, in whole or in part; when the processing of personal data concerning him is carried out with the aim of sending advertising or direct sales material or for carrying out market research or commercial communication, the data subject has the right to oppose at any time to such processing and to revoke, at any time, the consent previously given, f) the right to lodge a complaint with a supervisory authority.
The data subject has also the right to receive, in a structured format of common use and readable from an automatic device, the personal data provided by the data subject to the Data Controller and to transmit such data to another Data Controller (right to data portability).
The Data Controller is the company ELITE COMPUTER ITALIA S.r.l., registered office in Milano (MI) – cap 20127, Via Padova 209, and operating headquarters in Vimodrone, cap 20090, Via A. Grandi 21.
An updated list of internal representatives and external data processors, appointed by the Data Controller pursuant to the Legislative Decree 196/2003 and art. 28 of the Regulation (EU) 679/2016, is available at the registered office of the Data Controller.
For each communication pursuant to art. 7 and ss. of the Legislative Decree n. 196/2003 and s.m.i. and of the articles from 15 to 22 and 34 of the Regulation (EU) and/or request of the data subject, the Data Controller provides the e-mail address email@example.com
NATURE OF CONFERMENT
The conferment of data is mandatory for the execution of the contract and the fulfillments required and sanctioned by law. For the rest, the conferment is optional but necessary and any refusal by the data subject implies the impossibility for the Data Controller to follow up with the relationship and its accurate execution.
The conferment is optional, in any case, with regard to the processing of data for sending information messages and commercial/promotional communications concerning the activity and services of the Data Controller.
LEGAL BASIS OF TREATMENT
Pursuant to art. 24, paragraph 1, letters A) and B) of the Legislative Decree no. 196/2003 and s.m.i. and of the art. 6 1 of the EU Regulation 679/2016, the consent to the processing of the above-mentioned data is not necessary since it is collected to fulfill legal obligations and/or for the execution of obligations arising from the existing contract or those c.d. pre-contracts.
Pursuant to art. 23 of the Legislative Decree 196/2003 and pursuant to art. 6 1 paragraph of the EU Regulation 679/2016, the consent to the processing of the aforesaid data is, instead, necessary with regard to additional and specific purposes considering further and specific purposes compared to those specified in the contract and for pre-contractual checks. In particular, the consent to the use of data for marketing purposes is required for the services offered by the Data Controller. Communications will be sent through the use of traditional and automatic means. It should be noted that the data subject has at any time the possibility to revoke this consent and to oppose this treatment, in particular he has the possibility to oppose, specifically and separately, the sending of communications through traditional methods and/or to the sending through automatic means, by contacting the aforementioned e-mail address provided by the Data Controller.