Privacy Notice Pursuant to Regulation (EU) 2016/679 (GDPR)

 

Privacy policy

This notice is intended to allow users browsing our website to understand, even before accessing the various sections of the site, how this site processes users’ personal data. It will be necessary for the user to review this notice before providing their personal data when registering on the Site. This information, in particular, is provided in accordance with EU Regulation No. 679/2016 and subsequent national implementing regulations. Browsing the Site and/or accessing certain sections of the Site and/or any requests for information or services by Site users may involve the processing of personal data by CM Consult S.r.l.s (hereinafter the “Controller”), as the Data Controller, which will be carried out in compliance with Legislative Decree 196/2003 “Code on the Protection of Personal Data” (hereinafter the “Code”) and the European Regulation 2016/679. Below are the terms and conditions under which users may consent to the transfer of rights to images, comments, catchphrases associated with the subject matter of the Site, material, content, and any other information conceived by users and posted by them on the Site, and consent to the use of the image that the user may have provided to the Controller.

 

PURPOSE OF THE PROCESSING

According to the needs from time to time manifested by the user accessing the various sections of the Site, below are the purposes of the processing of personal data, i.e., those conferred directly by users through the completion of online forms, or through the use of social networks (see the following section “Nature and modalities of the conferment of users’ Personal Data”) or those acquired automatically through browsing (see the following section “Categories of Personal Data subject to processing”) (hereinafter, “Personal Data”):

 

1. a) to deliver and manage the various services offered; as well as to allow registration on the Site, which is necessary to access particular sections of the Site and to deliver and manage the various services offered;

 

1. b) allow users to publish Contributions directly on the Site or on sites managed independently by third parties with which the Owner may have reached agreements to this effect, such as, by way of example but not limited to, social networks such as Facebook, Twitter, etc. (hereinafter “Social Networks”); the publication of Contributions could also take place together with a pseudonym (“nickname”) chosen by the user when registering on the Site and possibly with the image associated by the users with their nickname for which:

 

(i) the users will be entirely responsible for any choice that adversely affects the interests of third parties;

 

1. ii) the users are not required to utilize personal data that would allow third parties other than the Owner to identify them, but the users, through the Owner, could also disseminate their own personal data if they have included them in their nickname, as well as the photo they may have associated with their profile.

 

1. c) Users prior consent and until revocation of the same, carrying out marketing activities such as sending promotional and advertising material of the Owner, including by email, mms and sms;

 

1. d) according to legal requirements and in order to personalize the users’ experience on the Site and improve services and products offered by the Owner to its customers or transmit profiled advertising (with emails, banners and dynamic content on the Site) based on users’ tastes and navigation, subject to the user’s consent and until revocation of the same, carry out analysis on consumption habits or choices and define the profile of the interested parties using the information provided by the latter when registering, or when filling in questionnaires or on the basis of actions performed or information provided while browsing the Site. These purposes will be put in place through the use of cookies, which should be considered as the set of activities for collecting and processing data inherent to users of a service, in order to divide them into groups according to their behavior. Where the user expresses specific consent, therefore, personal data may be used to track the user’s “history.”

 

1. e) respond to user requests in relation to the Controller’s products, advertising, or the Site (“Contact Us” section of the Site);

 

1. f) subject to the user’s consent, and until the user’s consent is revoked, carry out activities to compare and combine, for profiling purposes, the user’s personal data present in different databases of, or in use by, the Data Controller. User registration on the Site is not required for the provision of certain services offered by the Controller (e.g., those referred to in paragraph e above). However, in order to process any requests from users regarding such services, they will be asked to provide Personal Data, which will be processed only for the relevant purposes and for as long as strictly necessary.Methods of processing Personal Data will be processed by means of the operations of collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion and destruction of data.  Personal Data will be processed mainly by automated systems but also on paper, with logics strictly related to the aforementioned purposes, by means of Data Bases, electronic Platforms managed by the Data Controller or by third parties appointed for this purpose as data processors and/or integrated systems of an IT nature and/or websites owned by or in use by the Data Controller. Where the users express their consent, personal data will be made visible and stored in a computerized archive of customer relationship management, so-called Customer Relationship Management (CRM), as well as possibly stored in one or more special archives or databases of the company that can be accessed by other related companies. Since, therefore, the CRM is a database for the shared management of the data contained therein, the updating, rectification or deletion of any of the data provided will result in the updating of such data with respect to all parties allowed access.

 

PROCESSING METHODS

Personal Data will be processed by means of the operations of collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion and destruction of data. The Personal Data will be processed mainly in automated form but also on paper, with logics strictly related to the aforementioned purposes, by means of Data Bases, electronic Platforms managed by the Data Controller or by third parties appointed for this purpose as data processors and/or integrated systems of an IT nature and/or websites owned by or in use by the Data Controller. Where the user expresses consent, personal data will be made visible and stored in a computerized archive of customer relationship management, so-called Customer Relationship Management (CRM), as well as possibly stored in one or more special archives or databases of the company that can be accessed by other related companies. Since, therefore, the CRM is a database for the shared management of the data contained therein, the updating, rectification or deletion of any of the data provided will result in the updating of such data with respect to all parties allowed access.

 

PLACE OF PROCESSING

Personal Data are mainly processed at the Controller’s headquarters located in Potenza, Via Mazzini n.1 and at the locations of the Managers. For further information, please contact the Controller.

 

TIME OF DATA PROCESSING AND STORAGE

The Data Controller will process the Personal Data for a period of time not exceeding that necessary to achieve the purposes for which the personal data are processed, or for a longer period, for purposes permitted by law, and in any case deleted without undue delay after 5 years from the collection, without prejudice to the possibility for the interested party to modify and/or revoke his will at any time.The user may at any time cancel his account or his registration to the Site or request the interruption of the processing or revoke his consent, in the manner indicated in the personal profile section on the Site. Nature and modalities of the provision of users’ Personal Data, the provision of personal data is optional, but for some personal data the provision is mandatory (i.e. necessary for those data whose fields are marked with an asterisk or otherwise marked as mandatory) in order for the Data Controller to meet the user’s needs within the Site’s functionalities. Failure, partial or inaccurate provision of Personal Data marked with an asterisk, as necessary for the performance of the requested service, does not make such performance possible; while failure, partial or inaccurate provision of optional Personal Data does not entail any consequences. The provision of Personal Data may take place:

 

(a) by filling in the appropriate fields in the various sections of the Site; or

 

1. b) by browsing the Site or using cookies; or

 

(c) by automatic compilation as a result of the data subject’s request to a Social Network with which he or she is registered to communicate to the Controller some of the data that the data subject has already provided to the Social Network;

 

CATEGORIES OF PERSONAL DATA SUBJECT TO PROCESSING

In addition to the Personal Data conferred directly by the users (such as name, surname, postal address, e-mail address, password, age, date of birth, sex, image, profession, marital status, etc.), when connecting to the Site, the computer systems and software procedures in charge of the operation of the Site itself automatically and indirectly administer and/or acquire certain information that could constitute personal data, the transmission of which is implicit in the use of Internet communication protocols (such as, merely by way of example but not limited to, the so-called. d. “cookies” (as better specified below), “IP” addresses, domain names of the computers used by users connecting to the Site, the addresses in “Url” notation of the requested resources, the time of the request to the server, navigation on the Site).

 

USE OF COOKIES

Cookies are text lines that act as computer markers sent by a server (in this case, that of this Site) to a user’s device (generally the Internet browser) at the time the user accesses a given page of a website; cookies are automatically stored by the user’s browser and retransmitted to the server that generated them each time the user accesses the same Internet page. In this way, for example, cookies allow and/or facilitate access to certain Internet pages in order to improve the user’s navigation, i.e., they allow the storage of visited pages and other specific information, such as pages consulted most frequently, connection errors, etc. Therefore, for a facilitated and complete use of this Site, it would be advisable for you to configure your browser to accept the receipt of such cookies. Browsers are often set to automatically accept cookies. However, users can change the default configuration to disable or delete cookies (either from time to time or once and for all), with the result, however, that optimal usability of some areas of the Site may be precluded. You can also check how and what types of cookies are stored on your browser by changing your browser’s cookie settings.

Types and Management of Cookies Used by Our Site :

 

(a) Technical cookies :

 

(i) Strictly necessary cookies : 

These are necessary for navigation on a Website and use of its functionalities, such as to enable proper viewing or access to restricted areas. 

Therefore, disabling such cookies does not allow these activities.

 

(ii) Performance cookies: 

They collect information about the efficiency of a Web Site’s responses to user requests in an anonymous form, for the sole purpose of improving the functionality of the Web Site; 

for example, which pages are most frequently visited by users, and whether there have been any errors or slowdowns in the delivery of web pages.

 

(iii) Functionality cookies: 

They allow the Website to remember the choices made by the user and re-propose them at subsequent accesses in order to provide better and personalized services: for example, they can be used to offer content similar to that previously requested by the user.

 

(b) Analytics Cookies:

 

This website also uses cookies from Google Analytics, a web analytics service provided by Google. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored on Google’s servers, which will use this information for the purpose of tracking and examining your use of the website visited, compiling reports on website activity, and providing other services relating to website activity and internet usage. The data generated by Google Analytics is stored by Google as outlined in the Notice found at the following link.

Users may selectively disable the action of Google Analytics by installing the opt-out component provided by Google on their browser. To disable the action of Google Analytics, please refer to the link below: https://tools.google.com/dlpage/gaoptout

 

(c) Targeting cookies:

 

These are profiling cookies used to offer users advertising potentially close to their interests as detected during browsing. They are, for example, used to limit the administrations of a given advertisement, i.e., to infer the effectiveness of a campaign from the frequency with which the relevant advertisement is viewed. These cookies may also be administered by third parties, including on behalf of advertisers and advertising licensees. Third-party profiling cookies may also allow us to understand which sites of the Owner or third parties the user has visited. Users may accept or not accept such cookies by expressing their consent (“opt in”) prior to their administration by proceeding to browse after viewing and closing the notice regarding the use of cookies.

 

How to enable or disable cookies on your browsers:

 

You may block your browser from accepting cookies. However, this operation could make it less efficient or prevent access to some functions or pages of the Site. Below are the ways offered by major browsers to block the acceptance of browsing cookies:

 

• Internet Explorer http://windows.microsoft.com/it-it/internet-explorer/delete-manage-cookies#ie=ie-11
• Firefox https://support.mozilla.org/it/kb/Gestione dei cookie
• Chrome https://support.google.com/chrome/answer/95647?hl=it
• Safari http://support.apple.com/kb/HT1677?viewlocale=it_IT

SUBJECT CATEGORIES THAT MAY BE INFORMED OF USERS’ PERSONAL DATA

The Personal Data may be brought to the attention of employees or collaborators of the Data Controller who, operating under the direct authority of the latter, process data and are appointed as internal managers or data processors pursuant to Articles 29 and 30 of the Code or system administrators and who will receive adequate operating instructions in this regard from the Data Controller; the same will be done – by the Managers appointed by the Data Controller – with respect to the employees or collaborators of the Managers. Personal Data may also be brought to the attention of the Data Controller’s external Data Processors, such as third party companies or other entities (e.g., entities entrusted with the assistance, communication, marketing, advertising, promotions and sale of products and/or services, advertisers, advertising concessionaires, IT service providers, Site managers, managers of Electronic Platforms, partners, credit institutions, professional firms) that perform outsourced activities on behalf of the Data Controller.

Area of communication or dissemination of users’ Personal Data

Personal Data will not be communicated to third parties, nor disseminated, except in the latter case where the user has included personal data in his nickname or has also conferred his own image.

MINORS

The Sites contain virtually no information intended directly for minors. Minors should not give information or personal data to the Owner without the consent of those exercising parental responsibility over them. Therefore, the Data Controller invites all those who exercise parental responsibility over minors to inform them about the safe and responsible use of the Internet and the Web and to put in place any procedures indicated from time to time in relation to the initiatives in which the Data Controller intends to process the data of minors.

DATA CONTROLLER AND DATA PROCESSORS

The data controller is CM Consult S.r.l.s., based in Potenza.

USERS’ RIGHTS

As interested parties, users have the rights under Article 7 Italian Privacy Code and subsequent amendments and additions as introduced under the EU Regulation 2016/679 (GDPR): in particular, they have the right to obtain from the Data Controller the confirmation of the existence or not of Personal Data concerning them and their communication in an intelligible form; they can also ask to know the origin of the Personal Data; the purposes and methods of processing; they can also obtain the updating, rectification i.e. integration of Personal Data. They can also, at any time, revoke their consent, cancel their account and/or cease to be registered to the Site, request the interruption of the processing, the cancellation, transformation into anonymous form or blocking of the Personal Data processed. They may object, in whole or in part, to the processing: a) for legitimate reasons to the processing of Personal Data concerning them; b) for the purpose of sending advertising material or for carrying out market research or commercial communication. In this regard, they can decide to receive only communications by traditional means or only automated communications or neither type of communication.

Users also have the rights under Articles 16-21 European Reg. 2016/679 (Right to rectification, right to be forgotten, right to restrict processing, right to data portability, right to object). Finally, users will be able to promote complaints to the Data Protection Authority where necessary, or to contact it to request information regarding the exercise of their rights under European Regulation 2016/679.

***

“Article 7 Italian Privacy Code – Right of access to personal data and other rights”.

1.The interested party has the right to obtain confirmation of the existence or non-existence of personal data concerning him/her, even if not yet registered, and their communication in an intelligible form.

2. The data subject has the right to obtain indication of:

(a) the origin of the personal data;

1. b) of the purposes and methods of processing;
2. c) the logic applied in case of processing carried out with the aid of electronic instruments;
3. d) of the identification details of the data controller, data processors and the representative designated pursuant to Article 5, paragraph 2;
4. e) of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as designated representative in the territory of the State, managers or appointees.
5. The data subject has the right to obtain:

(a) the updating, rectification i.e., when interested, the integration of data;

1. b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept in relation to the purposes for which the data were collected or subsequently processed;

1. 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.
2. The data subject has the right to object, in whole or in part:
3. a) for legitimate reasons to the processing of personal data concerning him/her, even if pertinent to the purpose of collection;
4. b) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.

Ways of exercising rights and to know the list of Data Processors

The user may, at any time, exercise the rights under Article 7 of the Code by sending an e-mail message or a letter to be sent by regular mail to the Data Controller. In addition, the user, if he/she has consented to it, may object to the processing for the purposes referred to in paragraph c) carried out through the user’s own e-mail address by clicking on a special “link” in each e-mail message. Assignment of rights to the Contributions and consent to the use of the image By subscribing to the Site, the user:

1. A) declares that:

(i) all rights to the Submissions that you post on the Site in connection with your participation to the Initiative belong to the user,

1. ii) remains solely responsible for any damage or action that the Owner may suffer as a result of the publication of the Contributions;
2. ii) the user’s published Contributions do not contain any material that might hinder their publication, e.g. obscene, racist, defamatory, blasphemous, child pornographic and are original, i.e. they do not infringe any third party’s intellectual and industrial property rights, nor any copyright, trademark, distinctive sign, patent, etc;
3. B) authorizes the Owner to carry out a possible admissibility check on the Contributions, with the aim of excluding those that contain material that may be considered harmful to decorum, personal dignity or that are offensive, defamatory, obscene, indecent, insulting or that incite hatred, violence or dangerous behavior or that attempt or incite to contravene legislative or regulatory provisions;
4. C) assigns to the Owner, free of charge and definitively, any right to publish and use the Contributions for commercial or marketing purposes relating to the Owner’s products, on the Owner’s proprietary websites, for the time strictly necessary for the requested service and in any case no longer than 5 years from the date of their provision, from which date the data will be deleted;
5. D) gives consent to the Owner for the use of his/her image possibly conferred (in any of the contexts referred to in point C) above), and for the entire period of duration of the Site, pursuant to Article 96 of the Copyright Law.