Promosfera srl (hereinafter, also: “Promosfera” o “the Controller”) cares for the users’ privacy and their rights and, since Internet may put at risk confidentiality of information, it intends to undertake to respect rules of conduct while collecting and processing data, in compliance with Regulation (EU) 2016/679 of the European parliament and of the Council of 27April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (so-called “GDPR”), which ensure a safe, controlled and confidential navigation in the network.
This policy may change with passing of the time, also as a result of amendments and integrations at a legislative level or as a consequence of our institutional purposes and decisions. So, we invite you to periodically read this section, from time to time. Thank you for reading the rules which our company undertakes to apply during the collection and the processing of data, so that it can always give its users a satisfactory service, when they access this website.
- carry out the processing (art. 4, par. 2, GDPR: “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”) of personal data (art. 4, par. 1, GDPR: “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”) only for the purposes and the means explained in information to be provided to the user when accessing a section of our website where you can, directly or indirectly, provide your personal data;
- use data which have been spontaneously provided by the user;
- use technical cookies to facilitate the navigation in the website and analytics cookies for statistical purposes;
- transmit data to third parties (data processors – art. 4, par. 8, GDPR: “a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller”) only for connected purposes to what expressly requested by the user and which we have accurately previously select and which we have bound through an agreement or contract;
- communicate data to third parties for activities connected to the services asked by the user or whenever required by law, regulation or EU legislation;
- if the case, and only with the user’s previous explicit consent (art. 4, par. 11, GDPR: “any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”), communicate personal data to third parties for their autonomous processing purposes;
- reply to the requests of access to data, rectification, right to be forgotten, restriction of processing, data portability or inform about the right to object to data processing. Ensure the data subject the right to object to data processing carried out for marketing purposes, surveys and market research and inform about the right to lodge a complaint with the supervisory authority;
- ensure a correct and lawful processing of your personal data, safeguarding your confidentiality, as well as apply appropriate security measures to protect confidentiality, integrity and availability of such data.
Purposes of data processing and means of processing – legal basis for the processing – criteria used to collect data
Purposes of processing
As best explained in the sections in which data you can provide your personal data, such data are used to reply to the users’ requests. All collection activities – and subsequent processing – of data are aimed at pursuing the institutional and business purposes of Promosfera and, in particular for:
- registration to our information service on news, products and services, provided, also but not exclusively, through our newsletter;
- requests of information on services, products and activities of Promosfera (both from consumers and companies)
- direct the user to our social media;
- comply with laws, regulation and EU legislation;
- contact you for direct marketing purposes on our services and products, for surveys and market research.
Means of data processing
- Personal data are processed by the Controller with manual, electronic and telematic means and stored in its filing system. Appropriate security measures are applied to prevent data from loss or alteration – even if accidental – unlawful or improper uses or unauthorised access.
- All processing will be carried out with criteria which take into account the purposes for which data have been collected and in accordance with the security measures in force, for the purposes explained in information provided pursuant to article 13, GDPR.
- Phone number, if provided, will be used only for the purposes referred to in point 5., “Purposes of processing” only after having complied with the rules set forth in law 5/2018: if it is listed in the “Registro Pubblico delle Opposizioni”, phone number shall not be used for such marketing contacts, unless the user gives a subsequent consent directly to Promosfera for such contacts.
- The contacts referred to in point 5., “Purposes of processing” can be performed through traditional (e.g.: mailing, vocal calls) and electronic communication tools (e.g.: e-mail, Sms).
Legal basis for the processing
The legal basis for the processing depends on the purposes of data processing. Here are listed the different legal basis applied for the purposes pursued by Promosfera.
- For the purposes referred to in points from 1. to 3., “Purposes of processing” the legal basis is article 6, par. 1, letter b), GDPR, since the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. In the present case, to allow the user to adhere to the services listed above and, therefore, to fulfil the data subject’s request or of data subject’s interest.
- For the purposes referred to in point 4., “Purposes of processing”, the legal basis is article 6, par. 1, letter c), GDPR, since the processing is necessary for compliance with a legal obligation to which the controller is subject.
- For the purposes referred to in point 5., “Purposes of processing”, the legal basis is the “legitimate interest” (art. 6, par. 1, letter f), GDPR, preamble 47, GDPR and Opinion 6/2014 of Working Party 29, par. III.3.1.) pursued by Promosfera in keeping in touch with the user who has voluntarily contacted our company to get information on our services and products, and, in doing so, the user has expressed interest in and appreciation to our business activity. This legitimate interest is pursued informing the data subject on our marketing campaigns, advertising new products and services, presenting offers and promotions, so that the data subject can get to know these chances and decide, if wished, to take advantage of them.
Criteria used to collect data
Data required in forms to be filled in may be mandatory or optional. Mandatory data are strictly necessary to perform the data subject’s request and if they are not provided, we will not be able to fulfil the request. Therefore, the user is free to provide data requested in the forms or, anyway, data requested to contact Promosfera in order to ask for information or for the purposes mentioned above. If data are mandatory and the user does not provide them, this can imply the impossibility of obtaining what requested. The Controller has implemented appropriate organisational and technical measures for ensuring that only personal data which are necessary for each specific purpose are processed, in accordance with art. 25, GDPR (“Data Protection by design and by default”) which provides that before processing, the controller must implement appropriate technical and organisational measures, such as “pseudonymisation” (art. 4, par. 5, GDPR: “the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person”), which are designed to implement data protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of GDPR and protect the rights of data subjects.
Criteria used to determine the period for which data will be stored
Personal data will be stored in our filing system (art. 4, par. 6, GDPR: “any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis”) with criteria depending on the category of data, the nature of processing and the purposes of data processing. The criteria or the period of storage are described in information to be provided pursuant to art. 13, GDPR, when data are collected.
Generally, these are the criteria determined by Promosfera for data storage:
- All data concerning companies, organisations, public entities and consumers or other data subjects interested in our business and activities processed for marketing purposes are stored for the period necessary to provide with such information, that is as long as Promosfera believes that the person is interested in our business activity. This right and interest to be informed are acquired at the time of the collection of data, having expressed to be interested in Promosfera’s products and services. This period is based on the legitimate interest of Promosfera to keep in touch with the person who has expressed interest in our activity, so as to keep the person updated on news, products and services, as well as offers which Promosfera intends to propose to its target market. This legitimate interest is compliant with art. 6, par. 1, letter f), GDPR, preamble 47, GDPR and Opinion 6/2014 of Working Party 29, par. III.3.1., because it is an alternative condition of data subject’s consent. Of course, data storage ends when the user has no longer interest to be in touch with us: if the person loses this interest, just communicate the objection as described in the paragraph “Data subjects’ rights” and Promosfera will implement organisational and technical measures so as not to contact the person any more.
- Apart from marketing activities purposes data subjects’ personal data are stored to carry out the request in all the steps necessary to fulfil it, which means that Promosfera will contact the user also more times, until the request is fully fulfilled or to give the user the opportunity to use the services of interest (e.g.: join our social media) as long as the user intends to use them.
After the periods stated above, identification data are transformed in anonymous data and used only for statistical reports and analysis which do not allow to trace the identity of the person, but which are useful to improve and adjust our services and products to the needs of our target market. Identification data will be, therefore, destroyed, unless otherwise provided by supervisory authorities, law enforcement or judiciary as well as to exercise, enforce or defend rights of Promosfera or of third parties in court.
Where data are processed
Processing carried out for the purposes of the performance of services provided by this website takes place at Promosfera’s headquarter and are performed by the persons authorised to processing. If need be, personal data can be processed by companies which are in charge of the technological management of the website (data processors designated pursuant to art. 28, GDPR), at their offices.
Transfers of personal data to third Countries or international organisations
Even though data processing is usually carried out using the Controller’s server and/or third companies entrusted and appointed as data processors, within European Union, if need be, Promosfera will have the right to transfer personal data to third Countries. In this case, the Controller assures that the transfer will take place in accordance with provisions in force, on the basis of an agreement or contract which ensures an adequate level of protection and/or by adopting the contractual clauses provided by the Decision 5th February 2010 of the European Commission (articles 45, 46, 47 and 49, GDPR).
Promosfera srl – con sede in Via G. Giusti 65/A, 21019 Somma Lombardo (VA - Italy) – is the data controller (art. 4, par. 7, GDPR: “the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data”), pursuant to GDPR, because it decides in which way and for what purposes, communicated in information to be provided to data subjects, it collects and processes personal data, as well as what means and security measures it implements to ensure the integrity, the confidentiality and the availability of personal data, taking on liability and complying with the provisions laid down in art. 24, GDPR.
Data processor and persons authorised to process personal data
Your personal data can be processed, with manual, electronic and telematic means, directly by Promosfera or by entities which can appropriately ensure, on account of their experience, capabilities and reliability, thorough compliance with the provisions in force applying to processing as also related to security matters. These entities are selected and controlled by Promosfera which has appointed them as “data processor” (art. 4, par. 8, GDPR: “a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller”) and they carry out data processing on Promosfera’s behalf. Processing by these entities is governed by a contract which is binding on the processor with regard to the controller and which sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. The processor can, if it is authorised in writing by Promosfera, engage other processors, which are contractually bound by the processor appointed by Promosfera: the processor appointed by Promosfera is liable for any violation committed by the other processors and Promosfera has no liability in such cases.
The complete and updated list of data processors (and, where appropriate, the other processors appointed by the initial processor, subject to our authorisation) can be asked by writing at Promosfera srl – Via G. Giusti 65/A, 21019 Somma Lombardo (VA) or e-mail email@example.com. Personal data can be also processed by the staff from our company acting on specific instructions concerning purposes and arrangements of such processing, in compliance with art. 29, GDPR. The categories of persons authorised to data processing are listed in information to be provided pursuant to art. 13, GDPR. They are usually persons in charge of the performance of our services, of customer care, of marketing activities and information technology and security measures.
Communication and dissemination of personal data
Users’ data can be communicated to third parties for different purposes. In the following, a list of cases which imply data communication.
- Data may be communicated to third parties – autonomous data controllers – to perform services and processing useful to carry out activities to fulfil the user’s request. Such communication is performed on the basis of art. 6, par. 1) letter b), GDPR and consent is not required (see “Legal basis for the processing”).
- Data must be communicated to third parties because it is necessary for compliance with legal obligations to which the Controller is subject. Such communication is allowed without data subject’s consent, as referred to in “Legal basis for the processing” (art. 6, par. 1, letter c), GDPR).
- Data may be communicated to supervisory authorities, law enforcement and judiciary to establish, exercise or defend a right of Promosfera or of third parties. Such communication is allowed without the data subject’s consent pursuant to art. 6, par. 1, letter f), GDPR, because it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
- Data may be disseminated: it is the case when the data subject uses a service which implies such dissemination. For example, when data are disseminated through our social media, also in image format, if the persons want to share their experience with Promosfera. Such dissemination is subject to the data subject’s consent.
- Promosfera does not communicate its users’ data to third parties – companies, organisations, entities – for their autonomous processing for marketing and / or profiling purposes.
Data subjects’ rights
You have the right to control your personal data processing. You can exercise the right of access, to rectification, the right “to be forgotten” (erasure), to restriction of processing, to data portability and to object to the processing of your data on legitimate grounds and for marketing purposes and profiling.
Thanks to the exercise of these rights, you will be able to control the use of your personal data also after you have provided them.
You can exercise these rights, at any time, by writing at firstname.lastname@example.org or at the postal address Promosfera srl – Via G. Giusti 65/A, 21019 Somma Lombardo (VA – Italy)). In the following, the list of your rights:
Right of access (art. 15, GDPR)
The person has the right to obtain from the controller confirmation as to whether or not personal data are being processed and have information on:
- the purposes of processing (e.g.: have information on services and products);
- categories of personal data (e.g.: identification data, data on business activity)
- 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
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- 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
- right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source;
- existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Right to rectification (art. 16, GDPR)
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data. La persona ha il diritto di ottenere la rettifica dei dati personali inesatti che lo riguardano senza ingiustificato ritardo. 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”) (art. 17, GDPR)
The person shall have the right to obtain from the controller the erasure of personal data without undue delay and the controller shall have the obligation to erase personal data 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
- the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing
- the data subject objects to the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for marketing purposes or profiling.
Right to restriction of the processing (art. 18, GDPR)
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead (e.g.: the person object to data processing for marketing purposes but only for the fulfilment of the request of interest)
- 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
- the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
Notification obligation regarding rectification or erasure of personal data or restriction of processing (art. 19, GDPR)
The person has the right that the controller communicates to third parties the rectification or the erasure of data or the restriction of processing if personal data have been communicated to such third parties. Promosfera could not fulfil this request if this proves impossible or involves disproportionate effort.
Right to data portability (art. 20, GDPR)
The data subject shall have the right to receive the personal data have been 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:
- the processing is based on consent or on a contract stipulated with the data subject or for a third party
- the processing is carried out with automatic means.
The data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
Right to object (art. 21, GDPR)
The data subject shall have the right to object, at any time, to processing of personal data which is based on for the purposes of the legitimate interests, including profiling, pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. 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 for such marketing, which includes profiling to the extent that it is related to such direct marketing. 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.
Automated individual decision-making, including profiling (art. 22, GDPR)
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 or similarly significantly affects the person. This right cannot be exercised where the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller
- 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
- is based on the data subject’s explicit consent.
The person has the right to express a point of view and to contest the controller’s decision. Promosfera does not carry out any profiling activity.
When we reply
As per art. 12, par. 3, GDPR, Promosfera shall reply to the person within one month of the receipt of the request, unless complex procedures (o the number of requests is large) are to be put in place and this deadline cannot be respected. In these cases, this period may be extended by two further months, but we are obliged to inform you on this delay within one month, together with the reasons for the delay.
How to lodge a complaint with a supervisory authority
The person has the right to lodge a complaint with a supervisory authority to exercise and defend rights of protection.
In Italy the supervisory authority is the “Garante per la Protezione dei Dati Personali” – Piazza Venezia 11, 00187 Roma (Rome – RM – Italy) – www.garanteprivacy.it, and you can send your complaint at the e-mail email@example.com, using the format which can be found at https://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524&zx=e0yn0riezmmw.
What cookies are and how they are used by Promosfera
Cookies are small text files transferred and stored by your browser on your computer or mobile device when you visit or interact with a website. They are sent from your device to a web server and relate to your use of the network. Consequently, they allow to know the services, the browsed sites and the options selected by the user. This information is not provided, therefore, spontaneously and directly, but they trace the data collected. Data collected through cookies will be used for technical needs, in order to ensure a smoother, immediate and quick access to the website and its services and facilitate browsing to the user. Cookies can be used, with the user’s explicit consent, to create user’s profiles according to the sections of the website or to the action carried out by the user on this website or browsing the Internet.
Session cookies (which are not permanently stored on your device and are erased by closing the browser) are only used to transmit session identification information (random numbers generated by the server), which is necessary to ensure a safe and effective browsing of the website. Session cookies used by this website avoid using other techniques which are likely to be detrimental to the confidentiality of users’ browsing and do not allow the collection of personal data identifying the user.
Conversely, profiling cookies allow knowing user’s browsing on the network and detecting interests, preferences, needs expressed and allow creating marketing campaigns or creating profiles to better customise promotional, institutional and commercial advertisements. You can always set your browser so that you are informed when a cookie is being received and decide whether to accept it or not.
The information systems and software procedures relied upon to operate this website acquire personal data as part of their standard functioning; the transmission of such data is an inherent feature of Internet communication protocols.
Such information is not collected in order to relate it to identified data subjects, however it might allow user identification after being processed and matched with data held by third parties.
This data category includes IP addresses and / or the domain names of the computers used by any user connecting with this website, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error, etc.), and other parameters related to the user's operating system and computer environment.
These data are only used to extract anonymous statistical information on website use as well as to check its functioning; they are erased immediately after being processed. The data might be used to establish liability in case computer crimes are committed against the website.
Security of your personal data
Promosfera implements appropriate and preventative security measures to protect confidentiality, integrity, completeness and availability of your personal data.
In compliance with the provisions governing data security, Promosfera uses technical, organisational and logistics techniques which are aimed at the minimisation of the risk of damage, loss, whether accidental or not, alteration, unproper or unauthorised use of your personal data.
In particular, Promosfera has implemented organisational and technical measures aimed at ensuring a level of security adequate and appropriate to the risk which may affect individuals’ rights and freedom, including confidentiality of personal data. Promosfera has implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:
- “pseudonymisation”(art. 4, par. 5, GDPR: “processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person”) and / or encryption of data
- measures which ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services
- procedures which ensure to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
- procedures for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
Such preventative measures are implemented by data controller selected by Promosfera to carry out data processing on its behalf.
On the other hand, Promosfera is not to be held liable for untruthful information sent directly by the user (e.g.: correctness of e-mail address or postal address or other identification data), as well as for other information on the user sent by third parties, even with fraud.