DISCLOSURE ON PROCESSING PERSONAL DATA
pursuant to Art. 13 Reg. (EU) 2016/679
In accordance with EU Regulation 2016/679 (“GDPR”), Fope s.p.a. (hereafter the “Company” or the “Data Controller”) hereby informs you as follows.
- Purpose and legal basis for processing. 1.1. Pursuant to Art. 6, paragraph 1, letters b) and c) of the GDPR, your personal data will be processed to execute current contractual relationships with the Company, based on contractual needs and the consequent legal and tax obligations arising from such. In particular, if you reside outside the European Union, it will be necessary to process your personal data and receive a copy of your identity document in order to obtain any VAT relief or refund when the goods exit Italy (or the European Union). If you reside in the European Union, your personal data will be requested if you purchase goods valued at more than €3,000.00, as by law the Data Controller must communicate these data to the responsible tax Authorities. 1.2. If consent is given, the data subject’s personal data will be processed for: a) marketing purposes: Fope s.p.a.’s promotions of its products or services, in particular to send newsletters and/or advertisements, direct sales and contents regarding the Fope® brand through remote communication techniques, including automated contact processes (email) and/or traditional ones (postal service); b) profiling purposes: analysis of data acquired at the beginning and during the course of commercial relationships, including with regard to purchases made by the data subject and the services used, and to identify preferences and possible products and services of interest, including through electronic elaboration.
- Recipients of personal data. Your personal data will be processed by the Data Controller’s in-house staff (appointed as persons responsible for processing) or by the data processor. With no need for your express consent, for the purposes set out in point 1.1., the Data Controller may divulge your personal data to the Customs and Monopolies Agency, to Tax Free companies, and to the Italian tax authorities, as well as to parties to whom communication is required by law or for the aforementioned purposes. These parties will process the data in their capacity as autonomous data controllers. For the purposes set out in point 1.2, your data may be processed by outside data processors, in particular by marketing consultants and companies that perform IT systems maintenance. The Data Controller may also divulge your personal data to an email management service.
- Transfer of data to other countries. Your personal data are stored on servers located at the Data Controller’s headquarters in Vicenza (Italy). For the services in point 1.2, the Controller uses the MailChimp email management service provided by Rocket Science Group, LLC. In this case, for processing purposes, the personal data collected will be transferred to servers located in the United States. MailChimp complies with the EU-U.S. Privacy Shield Framework, along with the principles subscribed by the European Commission and the US authorities that guarantee an adequate level of protection for personal data transferred from the European Union to the United States. In decision no. 2016/1250 of July 12, 2016, the European Commission approved the adequacy of the protection offered by the regime of the EU-US privacy shield. For information regarding the Privacy Shield Framework and MailChimp’s self-certification of compliance with the agreement, go to the website https://www.privacyshield.gov, and see MailChimp’s privacy rules at https://mailchimps.com/legal/privacy.
- Data retention period. Your data will be processed for the entire duration of the contractual relationships established and thereafter in order to meet all consequent legal obligations. If you consent, the data will also be processed for the time necessary to provide the services set out in point 1.2, and you may always request interruption of processing or deletion of your data.
- Provision of data and consequences of refusal. Provision ofyour data for the processing set out in point 1.1 is mandatory, as it is indispensable to fulfill legal or contractual obligations. Your refusal to provide any of the data for the purposes in point 1.1 may make it objectively impossible to execute the contractual relationships. On the other hand, failure to provide any data that are not required by law or contract will be evaluated on an individual basis, and the consequent decisions will be based on the importance of the data requested in terms of managing the commercial relationship. Provision of the data in point 1.2 is instead optional: you may thus decide not to provide any data or to subsequently refuse to allow the processing of data already provided: in this case, you will not be able to receive newsletters, promotions, and advertising regarding the Services offered by the Data Controller and/or your data will not be subject to profiling.
- Data subject’s rights. You have the right to obtain access to your personal data from the Data Controller and to correct or delete it, limit the processing of your personal data, or oppose the processing of such, as well as the right to data portability and to revoke consent to data processing pursuant to point 1.2 at any time, without prejudice to the legality of processing based on consent given before the revocation. You also have the right to file a complaint with a control authority in the member State in which you habitually reside or work, or in the place where the alleged violation occurred.
- Data Controller. The data controller is Fope s.p.a., tax and VAT no. 00163880248 and Vicenza Company Registry number REA VI-114378, 02, with headquarters at Via Zampieri 31, 36100 Vicenza, in the person of its Managing Director Diego Nardin. Email: direzione@fope.com