Privacy Statement - Newsletter form

PRIVACY STATEMENT In pursuant to art. 13 EU 679/2016 Regulation regarding personal data processing when subscribing to the newsletter

Privacy Statement Summary



Dear User,

The scope of the privacy statement is to provide the maximum transparency concerning the processing of your personal data that you submit to us and thereby give us your consent to use for the purposes of subscribing to our newsletter. Pursuant to and in compliance with the Italian and European data protection code of conduct (Italian Legislative Degree n. 196/2003 and subsequent modifications and GDPR 679/2016),PROGEA S.r.l., as Data Controller, with headquarters in Via Gabriele D’Annunzio n. 295, in Modena (MO), Italy, Fiscal Code no. 01997840366, PEC: c[email protected], email [email protected], has drawn up and updated this privacy statement in order to respect and protect your privacy and will take all possible measures not to infringe your rights as data subject. Progea S.r.l. has not yet appointed a Data Protection Officer. By giving us your consent when subscribing to our newsletter, your contact details, and in particular your email address, will be added to our mailing list to send communications of a commercial nature. Subscribing to our newsletter confirms your interest and consents to receiving commercial communications from Progea Srl that include promotions, initiatives and news relating to the Data Controller’s activities. The processing of contact details for this purpose is based on your consent and you have the right to withdraw it by following the instructions at the bottom of the communications you received from Progea Srl or by sending a specific request to that effect by email to [email protected].

Progea S.r.l. as Data Controller may appoint and authorize trusted third persons as data processors to process your personal data and will take adequate measures to protect it. Your personal data will not be disclosed in anyway whatsoever.

You are completely free to exercise your rights in relation to protecting your personal data at any time whatsoever, by requesting to access, correct or delete it, or restrict the processing of certain data that specifically concerns you or object to the method in which it is processed, in addition to the right of portability. The full text regarding your rights as data subject (art. 15-22 and 34 EU 679/16 regulation) are reported below in this privacy statement. To exercise these rights, we invite you to contact us at [email protected]. The protection of your personal data is important for us and we value your privacy, but please be reminded that if you are not satisfied with the way your personal data is handled, you have the full right to lodge a complaint with Guarantor for the Protection of your Personal Data.

Please find further detailed information regarding the processing of personal data below.

Progea S.r.l.

Updated: May 2020

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Full Information

Pursuant to and for the purposes of art. 13 of the EU Reg. 679/16 (henceforth referred to as “GDPR”) and in compliance to the personal data protection code of conduct (Italian Legislative Degree n. 196/2003), PROGEA S.R.L. as Data Controller, provides you with the following information regarding the processing of your contact data submitted by you when subscribing to the Progea S.r.l. newsletter using the form on www.progea.com.

In relation to these data, please acknowledge the following information provided by Progea S.r.l below.

A) DATA CONTROLLER IDENTITY AND CONTACT

The data controller of your personal data is:

Progea S.r.l.

Via D’Annunzio 295, 41123 Modena

C.F. 01997840366

PEC: [email protected], email [email protected]

B) THE GENERAL PURPOSES AND LAWFULNESS OF PROCESSING

The processing of your personal data provided by you and/or requested from you will be used solely for the purpose of sending you communications regarding general information, news, events, opportunities and initiatives for marketing purposes of the Data Controller disseminated in the form of a newsletter issued by the Data Controller and to which you can subscribe to at www.progea.com.

Due to the aforementioned purposes, your personal data will be processed pursuant to and in compliance with Chapter 1. art. 6. n. a) of the EU Reg. 679/16 on your consent.

C) THE PURPOSES AND MODALITIES FOR WHICH YOUR DATA ARE PROCESSED

Your personal data will be processed using operations or set of operations whether or not by automated means as defined by art. 4 chapter I. n. 2 of the GDPR, “such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”; all within the limits and aforementioned purposes.

Let it be specified that ‘personal data’, as defined by the current legislation (GDPR Chapter 1. Art. 4. n. 1 is “any information relating to an identified or identifiable natural person (‘data subject’), provided by you and/or requested and/or collected by us will be processed in paper form and/or by means of electronic, computerized and/or telematics tools and, notwithstanding, with logic and methods deemed necessary to fulfill the purposes for which your data is intended. Profiling is excluded.

Adequate technical and organizational measures have been adopted by the data controller to prevent the destruction, alteration, illegal and incorrect use, unauthorized disclosure or access, accidentally or illegally, to transmitted personal data stored or otherwise processed. Your personal data will be stored and processed by the data controller with full respect to the principles of correctness and lawfulness, transparency and protection of confidentiality, with logic strictly correlated to the purposes indicated within this privacy statement. The data controller is fully committed to protecting your rights as data subject and will process your personal data with the security procedures stipulated by the GDPR (Art. 25 and 32-35). To comply fully with these regulations, the Data Controller will perform a regular risk analysis to test, assess and evaluate whether such security procedures are resilient and trustworthy to protect your data in order to safeguard the rights and freedoms of you, the data subject.

D) MANDATORY OR OPTIONAL DATA PROVISION

The provision of your personal data is strictly necessary to successfully fulfill your request to subscribe to the newsletter using the form on the website at www.progea.com.

Your refusal to provide data and/or inaccurate and/or incomplete information will make it impossible for our Company to process and fulfill your request successfully.

E) DATA RETENTION PERIOD

The data provided by you to subscribe to the newsletter will be processed until you express your intention to withdraw from the relative service. You can cancel your subscription to the newsletter at any time by following the instructions reported at the bottom of the communication received by you or by contacting the data controller at [email protected].

F) THOSE SUBJECTS OR SUBJECT CATEGORIES TO WHOM PERSONAL DATA MAY BE DISCLOSED OR TO THOSE WHO MAY COME INTO KNOWLEDGE OF SUCH DATA THROUGH RESPONSBILITY OR DEROGATION AS WELL AS THE DISSEMINATION OF SUCH DATA

Your personal data shall be processed exclusively by persons specifically appointed by the data controller being those who are in charge of processing such data for the purposes requested by you. These persons shall process your data only when necessary to fulfill the purposes for which you provided your personal data and solely within the context assigned to them by the data controller. This shall be done by processing only the data necessary to fulfill such assigned tasks and by only performing those operations deemed necessary to do so.

Pursuant to art. 28 of the EU Reg. 679/16, the Data Controller may engage third parties who process data for them (for example, persons who provide assistance and/or maintenance in relation to the use of information systems by Progea S.r.l., according to your requests, other legal acts, accounting, tax purposes and other) and formally appointed by them as data processors where qualified to do so. A full and updated list of data processors engaged in processing the designated data can be consulted by the Data Subject on request by contacting the Data Controller indicated in section A or by sending an email to [email protected].

In pursuant to art. 29 of EU Reg. 679/16, the Data Controller may engage anyone acting under their authority and/or of the appointed processor, to process your data as duly instructed.

Your personal data shall not be subjected to dissemination

G) DATA SUBJECT RIGHTS PURSUANT TO THE 679/16/UE REGULATION

You are completely free to exercise your rights as stipulated in the EU Reg. 679/16 in relation to protecting your personal data at any time whatsoever, by requesting to access, correct or delete it, or restrict the processing of certain data that specifically concerns you or oppose the method in which it is processed, in addition to the right of portability. The full text regarding your rights as data subject (art. 15-22 and 34 EU 679/16 regulation) are reported below in this privacy statement. To exercise these rights, we invite you to contact the Data Controller at [email protected].

Progea S.r.l.

Last updated: May 2020

DATA SUBJECT RIGHTS

EU 679/2016 Regulation (extract)

Article 15

Right of access by the data subject (Suitable Recitals: 63, 64)

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 organizations;

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 organization, 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

Article 16

Right to rectification (Suitable Recitals: 65)

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

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Article 17

Right to erasure (‘right to be forgotten’) (Suitable Recitals: 65, 66)

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 defense of legal claims.

Article 18

Right to restriction of processing (Suitable Recital: 67)

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 defense 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 defense 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.

Article 19

Art 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing (Suitable Rectial: 31)

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.

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Article 20

Right to data portability (Suitable Recital: 68)

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. 2That 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.

Article 21

Right to object (Suitable Rectial 69, 70)

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.

Article 22

Automated individual decision-making, including profiling (Suitable Recital: 71, 72)

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 authorized 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.

Article 34

Comunication of a personal data breach to the data subject (Suitable Recital: 68-88)

1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.

2. The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).

3. The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:

a) the controller has implemented appropriate technical and organizational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorized to access it, such as encryption;

b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialize;

c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.

4. If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.

If you feel that is it necessary to exercise your rights referred to in the above articles, or sent communications and/or request regarding how your personal data is processed, please inform Progea S.r.l. by email: [email protected]