1. Who is the Data Controller?
1.1. The “Controller” of the processing of your personal data, as specified in Article 4(1)(7) of the GDPR is the enterprise, THD S.p.A.., (VAT and Tax Identification Number 02111430357), acting through its pro tempore legal representative, based in Correggio (RE), via dell’Industria 1; you can contact the Controller by email at email@example.com
1.2. The “Data Protection Officer”, as specified in Article 37 of the GDPR is the lawyer Sara Mandelli of BALDI & PARTNERS, who you can contact by email at firstname.lastname@example.org
1.3. Please note that any changes or updates to the data of the above specified Controller and Data Protection Officer will be duly published on the website of the undersigned Controller.
2. Nature and type of data that we collect and process.
Your Personal Data will be collected due to the possible execution of the purposes of processing specified in the following point 3.
We process the following Personal Data collected via the website:
2.1. Name, contact details and other Personal Data Particularly in the section where you set up your personal account to take advantage of the services offered by the website, you will be asked to enter information such as your name, surname, telephone number, email address, residence address.
2.3 Browsing data
The IT systems and software procedures utilized to run this Website acquire some user-generated Personal Data as part of their normal functioning; the transmission of such data is implicit in internet communication protocols. These data are not collected to be associated with any identified data subjects; however, by their very nature, they may make users identifiable after being processed and matched with data held by third parties. This data category includes IP addresses or domain names of the computers used to connect to the Website, URI (Uniform Resource Identifier) addresses of the requested resources, the time of such requests, the method used to submit the request to the server, the size of the returned file, the numerical code of the server response status (completed, error, etc.) and other parameters relating to the user's operating system and IT environment. These data are used only to collect anonymous statistical data about use of the Website, and to make sure it is working properly, as well as to identify any abnormalities and/or misuse, and are deleted as soon as they are processed. The data may be used to investigate culpability in the event of hypothetical cybercrime against the Website or third parties: except for this possibility, the data on web contacts do not persist for more than 60 days.
3. Purposes of data processing
3.1. In accordance with Article 5(1)(b) of the GDPR, we hereby inform you that the Controller will process your personal data collected via the Website to:
3.A. Provide Services, such as requests of the services offered by the website (“Provision of Service“);
3.B. Comply with legal obligations that require Data Controllers to collect and/or further process certain types of Personal Data (“Compliance”);
3.C. Prevent or detect any misuse of the Website, or any fraudulent activity and therefore enable the Data Controller to protect themselves before the courts (“Misuse/Fraud”).
3.E. Marketing and/or advertising activities, to be carried out by different means (for example, by forwarding newsletters by e-mail, forwarding offers and commercial promotions even on newly manufactured products)(“Marketing”).
4. Legal basis and mandatory and/or optional nature of processing
According to the purposes specified in paragraph 3 above, the Controller processes your Personal Data according to the following legal basis:
Provision of Service: processing for this purpose is necessary to be able to provide you the Services and, therefore, to perform a contract or in order to take steps prior to entering into a contract. You are not required to give your Personal Data to the Controller for this purpose, but failure to do so means we will not be able to provide you with the Service.
Compliance: processing in this case is necessary for the purposes of carrying out legal obligations, where applicable. When you give your Personal Data to the Controller, they must be processed according to the applicable law, which means they may be stored and disclosed to the Authorities for accounting, taxation or other kinds of legal obligations.
Misuse/Fraud: the data collected for this purpose will only be used to prevent and/or detect any fraudulent activity or misuse of the Website and therefore enable the Controller to protect themselves before the courts.
Marketing: Your eventual consent to the processing of the data better illustrated in art. 1.1. of this privacy notice for the execution of this purposes is optional; therefore, we inform you that your possible refusal to consent to the processing in question will not determine any type of consequence with regard to the pre-contractual negotiations and the subsequent formalization of the contract between you and the undersigned Data Controller.
5. Recipients of your Personal Data
In order to pursue any of the purposes described in paragraph 3 above, the Controller will disclose your Personal Data to its collaborators, who will act as persons authorized to process personal data. Furthermore, for the purposes described in paragraph 3 above, your Personal Data will be processed by third parties belonging, by way of example, to the following categories:
- any subsidiary, parent or associated company of the Controller, including: SPAL AUTOMOTIVE S.R.L., (VAT and Tax Identification Number 01755790357), based in Correggio (RE) ITALY, via Per Carpi, 26/B
- entities providing IT system management services, including server hosting and backup services;
- entities that provide the Controller with tax, legal, judicial and compliance advice;
The entities listed above operate, in some cases, independently as separate data controllers, and in other cases, as data processors specifically appointed by the Data Controller in accordance with Article 28 of the GDPR.
Disclosure of your data to the above categories does not require your consent, as it is based on the legitimate overriding interest of the Data Controller, given that such disclosure is necessary for the purposes mentioned in paragraph 3 above.
You can ask the Controller for the complete, updated list of the entities to which your Personal Data may be disclosed.
Moreover, with regard to the Provision of the Italian Data Protection Authority (Garante) made on 27 November 2008 “Misure e accorgimenti prescritti ai titolari dei trattamenti effettuati con strumenti elettronici relativamente alle attribuzioni delle funzioni di Amministratori di sistema” (Measures and mechanisms required by data processing controllers using electronic media with regard to attributing the functions of system administrator), as Data Subject you may also ask the Controller the names of the System Administrators of the operating systems containing your personal data collected.
The personal data processed by the Controller are not disclosed.
Transferring personal data outside the European Union
THD S.p.A. does not intend to transfer your personal data to any non-EU countries. However, if, in execution of the purposes listed above, THD S.p.A. should transfer your data outside the European Union, the Controller will proceed to carry out such transfer only after establishing that one of the conditions laid down in Articles 44 et seq. of the GDPR is met, in order to ensure an adequate level of protection of your personal data.
6. Period of storage of collected and processed personal data
The Controller will store Personal Data collected for the purposes of Provision of Services for as long as strictly necessary to provide the services requested. In any case, since those Personal Data are processed to provide the Services, the Controller may store them for longer, particularly if this is necessary in order to protect the interests of the Controller from any complaints that may be made about the Services.
The Controller will store Personal Data collected for the purposes of Compliance for the period required by specific legal obligations or by applicable law.
The Controller will store Personal Data collected for the purposes of avoiding Misuse/Fraud for as long as strictly necessary for that purpose and, therefore, for the time the Controller is required to store them to protect themselves before the courts by disclosing those data to the competent Authorities.
The period of retention of your personal data collected for the purposes of Marketing will coincide with the duration of the contractual relationship between the undersigned Data Controller and you, which may be extended in order to fulfill hypothetical processing operations subsequent to the termination of the contractual relationship or arising from obligations of a civil/fiscal/tax nature or the need to manage an extra-judicial or judicial proceeding brought against or by the Data Controller.
7. How will your Personal Data be processed?
Your data will be processed in both paper form and/or using electronic and/or computerized and/or telecommunications media and instruments; the logic involved and the procedures used are strictly connected to the purposes specified and, in any case, adopting methods that ensure the security and confidentiality of the data in compliance with the provisions of Article 32 of the GDPR.
8. Rights of the Data Subject
8.1. With regard to your Personal Data that are processed by the Controller THD S.p.A. We hereby inform you that you are entitled to exercise the following rights under Articles 15 to 21 of the GDPR and, in particular:
- Right of access – Article 15 of the GDPR: the right to obtain from the Controller confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data – including a copy of them – and the following information:
- the purposes of the processing
- the categories of personal data processed
- the recipients to whom the personal data have been or will be disclosed
- the envisaged period for which the personal data will be stored or the criteria applied 5. the existence of the Data Subject's right to request from the controller rectification or erasure of personal data or restriction of processing
- the right to lodge a complaint
- where your personal data are not collected from you, any available information as to their source
- the existence of automated decision-making, including profiling;
- right to rectification – Article 16 of the GDPR: the right to obtain without undue delay the rectification of inaccurate personal data concerning you and the right to have incomplete personal data completed;
- right to erasure (‘right to be forgotten’) – Article 17 of the GDPR: the right to obtain the erasure of personal data concerning you without undue delay, where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- you withdrew your consent and there is no other legal ground for the processing;
- you successfully objected to the processing of your personal data;
- your personal data have been unlawfully processed;
- your personal data have to be erased for compliance with a legal obligation;
- your personal data were collected in relation to the offer of services referred to in Article 8(1) of the GDPR. The right to erasure shall not apply to the extent that processing is necessary for compliance with a legal obligation or for the performance of a task carried out in the public interest or for the establishment, exercise or defence of legal claims.
- right to restriction of processing – Article 18 of the GDPR: the right to obtain restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by the data subject;
- the processing is unlawful and the Data Subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the personal data are required by the data subject for the establishment, exercise or defence of legal claims;
- right to object – Article 21 of the GDPR: the right to object to the processing of your personal data unless the controller demonstrates compelling legitimate grounds for the processing;
- right to data portability – Article 20 of the GDPR: the right to receive the personal data concerning you, which you have provided to the Controller, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance, where the processing is based on consent and the processing is carried out by automated means. In exercising your right to data portability, you also have the right to have the personal data transmitted directly from the Controller to another, where technically feasible;
- right to lodge a complaint with the Italian Data Protection Authority (Garante), Piazza Venezia 11 , 00187 Rome (RM) - ITALY.
8.2. In accordance with Article 12(1) of the GDPR, THD S.p.A. undertakes to provide the communication under Articles 15 to 22 of the GDPR in a concise, transparent, intelligible and easily accessible form. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.
8.3. In accordance with Article 12(3) of the GDPR, the Controller informs you that it undertakes to provide information on action taken on a request under Articles 15 to 22 of the GDPR to you without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.
8.4. If you, the Data Subject want to exercise your rights as specified in more detail in this Article, you can use the contact information specified in Article 1 of this “Notice”.
8.5 Any action you take as Data Subject is provided free of charge, pursuant to Article 12 of the GDPR. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, the Controller may either charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request.
Lastly, please note that the Controller may request the provision of additional information necessary to confirm the identity of the Data Subject.
(In its capacity as Data Controller) 13/01/2020