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PRIVACY NOTICE IN ACCORDANCE WITH ART. 13 OF EU REGULATION NO. 2016/679 (“GDPR”)
The company Frigotech S.r.l. with registered office in Via Garibaldi, n.154 25065 Lumezzane (Brescia) Italy, VAT no.: 02014080986, Tax Code: 01572380986 (hereinafter “Controller”), in its capacity as data controller, informs you that according to art. 13 of EU Regulation no. 2016/679 (“GDPR”), your personal data will be processed in the following ways and for the following purposes:
1. Subject of the Processing
The Controller processes personal data, meaning those common identification data for commercial contact purposes (name, surname, company name, address, telephone number, e-mail, bank and payment details), communicated by you when defining and/or concluding contracts as Customers of the Controller’s services.
2. Purpose of the processing
Your personal data are processed for the following contractual purposes:
- to conclude contracts with your company in your capacity as Customer;
- to fulfil precontractual obligations (including the acquisition of information before conclusion of the contract), contractual and fiscal obligations arising from existing relationships with you;
- to fulfil any obligations envisaged by law, by a regulation, by EU legislation or by an order from authorities;
- to exercise the rights of the Controller, for example the right to legal defence.
Your personal data may be processed for marketing purposes:
We would like to point out that if you have already purchased our products, we may send you (by email) commercial or marketing communications regarding services and products of the Controller that are similar to those already purchased by you, unless you notify us to the contrary (art. 130 no. 4. Italian Legislative Decree 196/03 Italian Privacy Code).
With regard to other Direct Marketing purposes, the processing will only take place with your specific consent (art. 130 Italian Legislative Decree 196/03 Italian Privacy Code and art. 7 GDPR).
3. Methods of processing and data retention
Your personal data may be processed by means of the operations stated in art. 4 no. 2) GDPR, and more specifically: collection, recording, organization, storage, consultation, processing, modification, selection, retrieval, alignment, use, interconnection, blocking, communication, erasure and destruction of the data.
Processing of your personal data may be carried out by electronic means and on paper.
The Controller will process your personal data for the time necessary to fulfil the aforementioned purposes and, however, for no longer than 10 years from the end of the contractual relationship; and for marketing purposes, for the time strictly necessary to delete your data from our archives after you have expressed a wish to withdraw your consent or be removed from our commercial mailing list.
4. Access to data
Your data may be made accessible for the purposes stated in the previous art. 2:
- to employees and collaborators of the Controller in their capacity as persons in charge of processing and/or internal data processors and/or system administrators;
- to third-party companies or other entities (including, but not limited to: professional firms, consultants, insurance companies, credit institutions, etc.) that perform activities on behalf of the Controller, also in their capacity as external data processors.
5. Communication of data
In accordance with art. 6 letters b) and c) GDPR, therefore without the need for express consent, the Controller may communicate your data for purposes arising from the contractual relationship to judicial authorities as well as any entities to whom communication is obligatory by law to fulfil the stated purposes. These entities will process the data in their capacity as independent data controllers.
Your data will not be subject to circulation.
6. Transfer of data
Your personal data may be transferred, for the purposes stated in this privacy notice, as well as for storage and retention purposes, to countries within the European Union and countries outside the European Union.
In any case, the Controller gives its assurance that the transfer of data outside the EU will take place in compliance with applicable legal provisions.
7. Nature of the conferral of data and the consequences of a refusal to reply
The conferral of data for the contractual purposes stated in the first part of art. 2 is mandatory. In the event such data are not conferred, we may not be able to guarantee execution of the contractual relationship.
The conferral of data for marketing purposes pursuant to the second part of art. 2 is instead optional; you may therefore decide not to confer any data or subsequently refuse the processing of data already provided. In this case you will not receive the aforementioned commercial communications and advertising material regarding the services offered by the Controller.
8. Rights of the data subject
As data subject, you may exercise your rights pursuant to art. 15 GDPR and in particular the right:
- to obtain confirmation as to whether or not personal data concerning you exist, regardless of their being already recorded, and communication of such data in intelligible form;
- to be informed: a) of the source of the personal data; b) of the purposes and methods of processing; c) of the logic applied in the case of processing carried out with the aid of electronic devices; d) of the identification data of the Controller, Processors and Representative appointed in accordance with art. 3 paragraph 1 GDPR; e) the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative in the territory of the State, data processors of persons in charge of processing.
- to obtain: a) the updating, rectification or, where interested therein, integration of the data; b) the erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
- to object in whole or in part: a) on legitimate grounds, to the processing of personal data concerning you, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning you, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys using automated calling systems without human intervention by email and/ or using traditional marketing methods by telephone and/or post. It should be noted that the right of the data subject to oppose, stated in the previous point b), for direct marketing purposes by automated means shall extend to traditional methods, and, however, without prejudice to the possibility of the data subject exercising his/her right of opposition, even if in part. Therefore, the data subject may decide to receive communications only by traditional methods or only by automated methods or neither of the two types of communication.
- Where applicable, you shall also have the rights pursuant to articles 16-21 GDPR (right to rectification, right to erasure (right to be forgotten), right to restriction of processing, right to data portability, right to object), as well as the right to make a claim to the Data Protection Authority.
9. Method of exercising data subject rights
The data subject may at any moment exercise rights by sending a registered letter with return receipt to Frigotech S.r.l. at its headquarter in Via Don Minzoni n.1, trav.I 25065 Lumezzane Valle (Brescia) Italy, or an email to the address email@example.com.
10. Controller and Processors
The Data Controller is the company Frigotech S.r.l. with registered office in Via Garibaldi, n.154 25065 Lumezzane (Brescia) Italy, VAT no.: 02014080986, Tax Code: 01572380986 . The updated list of data processors is held at the registered office of the Data Controller.