Dear Valued Customer,
The EU Regulation 2016/679 of 27 April 2016 (hereinafter referred to as GDPR) and D. Lgs 196/2003 aim to protect individuals with regard to the processing of their personal data.
According to this regulation, treatment shall be based on the principles of: relevance, correctness, accuracy, lawfulness, transparency and protection of individuals privacy and rights.
According to GDPR article 13, and D. Lgs 196/2003 article 13, we therefore provide you with following information:
The Data Controller treats, with the exclusion of data as referred in GDPR article 9, your personal identification data (for example: name, surname, company name, address, telephone, e-mail address, bank and payment details) that you have communicated relating to the conclusion of the contracts for the services of the controller.
Your personal data are processed:
A) Without your express consent (Article 6 GDPR), for following Service Purposes:
● to conclude the contracts for the Controller’s services
● to fulfill the pre-contractual, contractual, tax and accounting obligations arising from ongoing business relations with you
● to fulfill the obligations established by the law, by a regulation, by EU legislation or by an order of the Authority (such as for AML anti money laundering)
● to exercise the rights of the Controller, for example the right of defense in court.
B) Only with your specific and distinct consent (Article 7 GDPR), for following Marketing Purposes:
● to send you (by e-mail and/or mail) newsletters, commercial communications, advertising material on products and services offered by the Data Controller and to point out the degree of satisfaction on the quality of our services;
● to send you (by e-mail and/or mail) commercial and/or promotional communications from other company of the Soga Energy Team group: Cmz Sistemi Elettronici S.r.l.
Your personal data are processed in the following ways:
with logic strictly related to the purposes themselves and, in any case, so as to guarantee the security and integrity of the data and always in compliance with the security measures pursuant to article 32 of the GDPR by subjects specifically appointed, in compliance with the provisions of article 29 of the GDPR.
The provision of data for the purposes as at point 2 letter A) is mandatory. In absence, we can not guarantee the services at point 2 letter A). The provision of data for marketing purposes as at point 2 letter B) is optional. You can therefore decide not to supply any data or later to revoke consent to process the data already provided: in this case, you will not receive newsletters, commercial communications and advertising material relating to the Services offered by the Controller. However, you will continue to be entitled to the Services as at point 2 letter A).
For the purposes as at point 2 letter A), the data may be communicated to following recipients:
● business consultants
● agents and distributors
● credit recovery companies
● leasing companies
● customs authorities and agencies
● consultants in general
● insurance companies
● quality certification societies
● other public and private entities collaborating with the Controller, exclusively for the needs connected to the existing business relationship and for what strictly necessary.
The Controller will process the data for the time which shall be necessary to fulfill the aforementioned purposes and, generally, for no more than 10 years from the termination of the service (for the purposes as at point 2 letter A) and no later than 2 years from the collection of data (for the marketing purposes as at point 2 letter B), unless otherwise prescribed by national or EU law.
At any time you can exercise your rights towards the Controller, such as: the right of access to personal data, the right to rectification, the right to erasure, the right to restriction of processing, the right of data portability, the right to object, the right to lodge a complaint with a supervisory authority, as listed at the end of the present policy. In relation to the processing of your data based on consent for the purposes referred to in point 2 letter B), at any time you can revoke consent given to your data treatment, without this affecting the lawfulness of the treatment based on the consent given before the revocation.
The data controller is SOGA SpA with registered office in Via della Tecnica 15, Montecchio Maggiore and can be contacted for the exercise of your rights as per point 7 by registered letter with advice of receipt at the address indicated, or by e-mail at following address: firstname.lastname@example.org
The updated list of the data processors, system administrators and persons in charge of processing is available at the data controller’s headquarters.
Automated decision-making processes, including profiling, are not used.
Your data will be processed within the EU member countries and may also be transferred to non-EU countries or to an international organization, only with adequate guarantees such as: opinion of adequacy by the European Commission pursuant to Article 45 of the GDPR or the adoption of contractual clauses of data protection type approved by the European Commission pursuant to 46 of the RGPD.
In the absence of such guarantees, the transfer of your data may take place out of EU pursuant to art. 49, par. 1 (b) of the GDPR only if the transfer is necessary for the execution of a contract concluded with you or for the execution of pre-contractual measures taken on your request, or if the transfer is necessary for the conclusion or execution of a contract stipulated in his favor pursuant to art. 49, par. 1, lett. c) of the GDPR or even if the transfer is necessary to ascertain, exercise or defend a right in court pursuant to art. 49, par. 1, lett. e) of the GDPR.
This policy may be subject to further changes and updates in relation to the regulatory changes in progress.
THE DATA CONTROLLER: SOGA SpA
Latest update: May 2018
ABSTRACT OF GDPR
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016
Art. 7- Conditions for consent
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
Art. 15- 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.
Art. 16- 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.
Art. 17- 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; 4.5.2016 L 119/43 Official Journal of the European Union EN
(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.
Art. 18- 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. 4.5.2016 L 119/44 Official Journal of the European Union EN
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.
Art. 20- 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.
Art. 21- 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. 4.5.2016 L 119/45 Official Journal of the European Union EN
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.
Art. 22- Automated individual 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.