1. The Policy
2. Who processes your Personal Details, how they are processed and for what purpose
Pursuant to the Privacy law – Falc S.p.A. is the Data Controller of the Personal Details of Users of the Website (hereinafter referred to as “Personal Details”), for the purpose of managing, finalising and executing commercial transactions involving the purchase of products through the Website (hereinafter referred to as “Commercial Purposes”): Falc S.p.A. decides the scopes and method of processing and the instruments used, including security aspects. Purely for organisational and function purposes, Falc S.p.A. has appointed a number of external data supervisors for reasons strictly correlated to the performance of the services on the Website, including the sale of products (by way of example, customer care services or shipment of the products purchased). These data supervisors have been chosen because they offer the necessary experience, skills and reliability and give us sufficient guarantee of full compliance with applicable data processing regulations, including the security of data. The data supervisors process all Personal Details in accordance with the instructions of Falc S.p.A. We periodically verify that the data supervisors have performed their work correctly and continue to offer appropriate guarantees of full compliance with applicable laws on the protection of Personal Details. You may request the names and details of the data processors appointed by Falc S.p.A. by writing to [email protected].
Pursuant to the Privacy Law – Falc S.p.A. is also the Data Controller of the Personal Details of the Users of the Website (hereinafter referred to as “Personal Details”), for purposes of direct marketing activities and subject to the authorisation of the person concerned (hereinafter “Marketing Purposes”) and uses the Personal Details to send newsletters about the Falcotto world, its products and general promotional messages and/or promotional messages customised according to the buying habits of the User.
Personal Details will be processed by the operators of Falc S.p.A. In this case, the Personal Details will be processed exclusively by persons in charge of processing who are specifically authorised and controlled by Falc S.p.A., in order to prevent unauthorised access to data or illegal processing by third parties.
Personal Details are processed mainly in electronic format and in some cases in hardcopy format, for example when processing of Personal Details is required to prevent acts of fraud on the Website. Personal Details will be stored in a format that permits identifying the User only for the time strictly necessary for the scope for which the details are gathered and processed and, in any case, within the limits set forth by law. In order to ensure that Personal Details are accurate and updated at all times, and in any case pertinent and complete, please kindly advise any changes to the same using the following e-mail address [email protected].
3. What happens if you do not give your Personal Details to Falc S.p.A.
Giving your Personal Details to Falc S.p.A. for Commercial Purposes (in particular your name and surname, e-mail address, postal address, credit/debit card and bank details and phone number) is necessary to attain such Commercial Purposes. If you refuse to give Falc S.p.A. some of your Personal Details necessary for this purpose, it may not be possible to finalise the contract for the purchase of products on the Website or, correctly fulfil the obligations set forth by law and applicable regulations. Failure to indicate your Personal Details may therefore be a legitimate and justified reason not to execute the contract for the purchase of products on the Website. Supplying additional Personal Details, other than those required mandatorily, is however optional and in no way affects your purchase of products on the Website.
Giving your Personal Details to Falc S.p.A. for Marketing Purposes is optional and is related to the registration procedure to the Website; refusing to supply these details or authorise processing of the same for Marketing Purposes will in no way affect your purchasing process; the only consequence is that you will not be able to complete registration and will not be able to use our services such as newsletters, general or personalised offers nor access the reserved promotional sections of the Website. You will be informed from time to time whether it is mandatory or optional to communicate the Personal Details requested to Falc S.p.A. and of any consequences you may incur should you refuse to provide the same. We remind you that not providing optional Personal Details does not entail any obligation or disadvantage for the User.
4. To whom are your Personal Details communicated
Falc S.p.A. makes shipments through professional couriers (UPS, Federal Express, DHL, etc.) who, as external operators, will process the Personal Details of Users only to complete the task entrusted to the same.
For Marketing Purposes, Falc S.p.A. uses third parties companies who act as external data processing supervisors.
5. Security Measures
In order to protect your Personal Details, over and above the checks and measures adopted by Falc S.p.A., we suggest that you install specific software on your computer to protect the transmission of incoming and outgoing data on the web (updated antivirus systems), also ensuring that your Internet provider implements appropriate security measures for the transmission of data on the web (such as firewalls and anti-spamming filters).
6. Rights of the person concerned
As regards processing of your Personal Details for the Marketing Purposes of Falc S.p.A., you may exercise rights set forth by section 7 of the Privacy Law at any time, and obtain a list of the supervisors and third parties to whom your data have been communicated, simply by sending an e-mail to [email protected] or writing to Falc S.p.A., C.da San Domenico, 24 62012 Civitanova Marche (Mc), Italy.
Finally, Users who wish to have their personal details cancelled from the promotional database of Falc S.p.A. and do not wish to receive marketing messages, may request cancellation in any of the following ways: 1) by following the cancellation instructions indicated at the foot of each e-mail message.
2) sending an e-mail to [email protected] requesting cancellation.
If you wish to receive more information on how Falc S.p.A. processes your Personal Details, please send an e-mail to the following e-mail address: [email protected]. To receive more information about your rights and keep up-to-date with the law on the protection of Personal Details, we suggest you visit the Website of the Italian Data Protection Authority www.garanteprivacy.it.
8. Applicable Law
Privacy Police Statement pursuant to Section 13 of Legislative Decree 196/2003
We advise that the Personal Details gathered will be processed in compliance with applicable laws and the rights recognised to you by law as interested party:
A) Processing will include: collection of data by phone or e-mail or in writing from public directories, lists of deeds and documents and/or public or private databases (business information services companies), registration, organization, automated or electronic storage and processing in hardcopy format or as electronic files, processing of data collected by third parties, modification, selection, comparison, use, interconnection to the data of other parties according to qualitative, quantitative and temporal criteria, either routine or defined from time to time, temporary processing for rapid grouping or transformation of data, adoption of decisions in an automated and/or discretional manner, creation of profiles and information, communication, cancellation and destruction of data, or a combination of two or more of the above operations;
B) Without prejudice to communication thereof to third parties pursuant to obligations set forth by law or Community laws and regulations, the Personal Details will be communicated only to persons appointed to perform the activities required to execute the contract.
C) Personal Details will be processed and communicated for the following purposes, in order to: 1) fulfil pre-contractual requirements (e.g. prepare offers or your orders, solvency checks); 2) fulfil contractual (related to the supply or purchase of goods and/or services) and legal (e.g. bookkeeping, tax procedures, administrative, accounts and treasury management) obligations; 4) customer and supplier management; 5) risk control and credit management (fraud, insolvency etc.); 6) litigation management and credit transfers); 7) financial services for the management of customers/suppliers and electronic payment management instruments; 8) insurance services for the management of customers/suppliers. The supervisors of Falc S.p.A. supervisors may also process the same data for the following purposes 9) profiling10) customer retention 11) dispatch of newsletters and other promotional and commercial material.
D) Please be aware that supplying your Personal Details is obligatory only for the purposes indicated by point C) 1 to 8, so that your prior authorisation to process your Personal Details for such purposes is not necessary. For the processing purposes indicated by points 9, 10 and 11 your authorisation is not obligatory; please bear in mind however that if you do not authorise processing of your Personal Details we will not be able carry out the activities related to such purposes.
In particular, please note that processing of your Personal Details for the purposes indicated by point 11 will also entail some profiling and customer retention activities but only insofar as strictly necessary to meet your request to receive the newsletters and advertising and promotional material in which you are specifically interested and for which, pursuant to section 130 par. 4 of the Privacy Law, it is not necessary to obtain your authorisation to forward publicity e-mails regarding products and services similar to those already purchased by you on the Website, other than in the case of your express refusal. Your Personal Details will be processed for the full duration of your contractual relationship, and following this, for the time required to fulfil the obligations set forth by law and store your company profile, in order to rationalise the selection of customers and/or suppliers. You may freely refuse to authorise processing; please bear in mind that in this case we will not be able to finalise the contract with you.
E) The Data Controller of your Personal Details is Falc S.p.A., having registered offices in Italy – C.da San Domenico, 24 – 62012 – Civitanova Marche (MC). The Data Supervisor is the legal representative. Please contact the Data Controller for any information you may require on how to enforce the rights set forth by sections 7, 8 and 9 of Legislative Decree 196/2003 indicated hereafter.
F) As regards your Personal Details, you may exercise the rights set forth by sections 7 – 8 and 9 of the Privacy Law at any time: Paragraph 1 (…): the right to obtain confirmation of whether your Personal Details are held, even if the same have not yet been recorded, and communication thereof in an intelligible format; Paragraph 2 (…): the right to be informed a) of the source of your Personal Details; b) the processing aims and methods; c) the logic applied in the case of processing by means of electronic instruments; d) the name and other details of the data controller, the data supervisors and persons or categories of persons to whom your Personal Details may be communicated or disclosed in their capacity of designated representative in the territory of the State, including persons in charge of processing and supervisors. Paragraph 3 (…): the right to a) update, correct or, if you wish, add to your details; b) cancel, transform to anonymous format or block any personal details processed in breach of the law, including personal details which it is not necessary to store for the purposes for which they were collected or successively processed; c) the right to receive a statement attesting that the operations indicated by points a) and b) have been communicated, including the contents thereof, to any party to whom the details have been communicated or disclosed, unless this proves to be impossible or entails a disproportional use of means with respect to the right protected; Paragraph 4 (…): the right to oppose in whole or in part a) for legitimate reasons, the processing of your Personal Details, even if the same are pertinent to purpose for which they were collected; b) the right to oppose the processing of your Personal Details for the dispatch of advertising materials, direct sales, market surveys, or commercial messages (NB: considering the our Company processes data for the purposes indicated by paragraph 4 of section 7, we will request your express written authorisation after allowing you to read our Privacy Statement). section 8 paragraph 1 (…): The rights set forth by section 7 may be exercised simply by sending a request to the Data Controller or Data Supervisor, even through the person in charge of processing, and a reply will be sent without delay. Paragraph 2 (…): The rights set forth by section 7 may be exercised, when this does not involve objective data, unless this involves correcting or supplementing evaluative Personal Details referring to opinions or other types of subjective evaluations, and the indication of conduct to be following or decisions pending by the Data Controller. Art. 9 Paragraph 1 (…): the request may be sent to the Data Controller or Data Supervisor a) by registered letter, fax or e-mail, b) when this refers to enforcement of the rights set forth by section 7 pars. 1 and 2, this may be made verbally and in this case the request will be noted by the person in charge of processing or the data supervisor. Paragraph 2 (…): the interested party may delegate or grant a power of attorney in writing to a physical person, entity, association or body to exercise the above rights. The interested party may also ask to be assisted by a person of its choice. Paragraph 3 (…): the rights set forth by section 7, concerning the Personal Details of a deceased person, may be exercised by anyone who holds a personal interest or acts to protect the person concerned, or for family reasons which must be protected. Paragraph 5 (…): the request set forth by section 7 paragraphs 1 and 2 may be renewed by the interested party, other than in the case of justified reasons, after a time of no less than ninety days.