Articles. 13-14 of the EU Reg. 2016/679
This information is a general obligation that must be fulfilled before or at the latest when start collecting personal data. In the case of personal data not collected directly from the data subject, the information must be provided within a reasonable time, or at the time of communication (not registration) of the data (to third parties or to the data subject). In accordance with the General Regulations for the Protection of Personal Data of Inpiduals (GDPR – Reg. (EU) 2016/679), the undersigned organization, data controller, informs of the following:
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SOURCES AND CATEGORIES OF PERSONAL DATA
The personal data held by the undersigned organization are collected directly from the data subjects and directly and freely provided by them and from third parties.
This information concerns personal data, contact details, contact details, telephone numbers, postal addresses and emails. The data subjects are to be considered as identified and identifiable third parties with the writer or with a potential contractual counterpart, such as for example. customers, suppliers, partners, public administrations, associations, etc. with which there are reports of interest and / or work with the writer.
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PURPOSE AND LEGAL BASIS OF TREATMENT
Personal and particular data are processed for the communication between the writing organization, including its staff, and the person concerned in the normal activity carried out according to the following purposes (for each of which the legal basis is indicated in brackets by reference to the articles of the GDPR):
a) purposes strictly connected to the execution and implementation of the services requested (GDPR artt.6 (b) and 9 (a));
b) purposes strictly connected to the management of relations with data subjects (GDPR art.6 (b) and 9 (a)),
c) purposes related to obligations established by law, as well as by provisions issued by authorities legitimated by the law (GDPR articles 6 (c) and 9 (b, g, h));
d) functional purposes for which the data subject has the right to give consent or not (GDPR Article 6 (a) and 9 (a)).
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CONSEQUENCES OF THE REFUSAL OF CONFERRING THE DATA
The provision of data collected from the data subject is optional but essential for the purpose of processing them for the purposes in letters a) and b). In the event that the parties do not communicate their indispensable data, it will not be possible to exchange communications between the staff of the writer and the data subject. For all non-essential data, conferment is optional.
In the absence of consent or incomplete or incorrect conferment of certain data, including the particular ones, the required obligations may be so incomplete as to cause injury or in terms of penalties or loss of benefits, and due to the impossibility of ensuring the adequacy of the processing same to the obligations for which it is performed, and for the possible mismatch of the results of the treatment itself to the obligations imposed by the law to which it is addressed, intending to exonerate the writing organization from any and all liability for any penalties or afflictive measures.
DATA PROCESSING METHODS
Data processing means the collection, recording, organization, storage, processing, modification, cancellation and destruction or the combination of two or more of these operations. In relation to the aforementioned purposes, the processing of personal data takes place on paper and by manual, computerized and telematic tools, including automated, to store and manage the data, with logic strictly related to the purposes themselves and, in any case, to ensure the security and confidentiality; personal data will therefore be processed in compliance with the methods indicated in art. 5 EU Reg. 2016/679, which provides, inter alia, that the data are processed lawfully and fairly, collected and recorded for specific, explicit and legitimate, exact, and if necessary updated, relevant, complete and not excessive in relation to the purposes of the processing, respecting the fundamental rights and freedoms, as well as the dignity of the person concerned, with particular reference to privacy and personal identity, through measures of protection and security. The undersigned organization has prepared and will further improve the security system for accessing and storing data.
In this regard, the company OPTIMAD ENGINEERING has institutionalized specific databases, outlined in the company’s GDPR.
13/14 co.1 lett. f) EXTRA EU TRANSFERS AND CONSERVATION PERIOD The treatment will take place mainly in Italy and the EU, but it could also take place in non-EU and non-EEA countries if considered functional to the efficient fulfillment of the objectives pursued in compliance with the guarantees in favor of the data subjects.
The personal data will be kept, in general, as long as the purposes of the processing continue: they will be kept for the entire duration of the contractual relationship and, after its conclusion, until the end of the legal prescription provided the relationship is not renewed again.
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CATEGORIES OF ADDRESSEES The data are communicated
- to persons in charge of processing, both internal to the organization of the writer, and external, who perform specific tasks and operations
- in the cases and to the subjects provided by law
Data will not be disseminated unless otherwise provided by law.
Moreover, without the prior general consent of the data subject to communications to third parties, it will be possible to run exclusively services that do not provide such communications. In case of necessity specific and precise consents will be required and the subjects who will receive the data will use them as autonomous data controllers.
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RIGHTS OF THE DATA SUBJECT At any time you can: exercise your rights (access, rectification, cancellation, limitation, portability, opposition, absence of automated decision-making processes) when provided to the data controller, pursuant to art. from 15 to 22 of the GDPR (https://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32016R0679); propose a claim to the Control Authority (www.garanteprivacy.it); if the treatment is based on consent, revoke the consent given, taking into account that the withdrawal of consent does not affect the lawfulness of the treatment based on consent before revocation.
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PHONE NUMBERS AND CONTACTS
The data controller is OPTIMAD ENGINEERING SRL in the person of HAYSAM TELIB
The headquarters is in Via Bligny, 5, cap 10122, Torino (TO)
The contact details are: telephone 011 1971 9782; e-mail firstname.lastname@example.org
The complete list of data processors is available on request
Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
(a) | the purposes of the processing;
(b) | the categories of personal data concerned;
(c) | the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) | where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) | the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(f) | the right to lodge a complaint with a supervisory authority;
(g) | where the personal data are not collected from the data subject, any available information as to their source;
(h) | the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Rectification and erasure
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure (‘right to be forgotten’)
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a) | the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) | the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(c) | the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
(d) | the personal data have been unlawfully processed;
(e) | the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(f) | the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
(a) | for exercising the right of freedom of expression and information;
(b) | for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(c) | for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
(d) | for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(e) | for the establishment, exercise or defence of legal claims.
Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
(a) | the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(b) | the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) | the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
(d) | the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Notification obligation regarding rectification or erasure of personal data or restriction of processing
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(a) | the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
(b) | the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Right to object and automated inpidual decision-making
Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Automated inpidual decision-making, including profiling
1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision:
(a) | is necessary for entering into, or performance of, a contract between the data subject and a data controller;
(b) | is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
(c) | is based on the data subject’s explicit consent.
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.