Disclosure to Suppliers pursuant to Article 13 of EU Regulation 2016/679
Reference standard:
-EU Regulation no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of personal data (hereinafter “EU Regulation”)
-Legislative Decree no. 196 of 30 June 2003 (hereinafter “Privacy Code”), as amended by Legislative Decree no. 101 of 10 August 2018
JARDISERVICE SRL (hereinafter also “the Company”), Limited Liability Company with registered office in Via Migliara 45 ½ dx, 1250-1274 – 04014 PONTINIA (LT) VAT No. 02039990037, informs that personal data will be processed in accordance with the rules laid down by EU Regulation.
The processing of personal data relating to legal persons does not fall within the scope of application of the rules on the protection of personal data prepared by EU Regulation 2016/679. For the purposes of clarity and transparency vis-à-vis its Suppliers, the Company also provides this information to legal entities, describing the methods and purposes of all the processing operations that it carries out or has the right to carry out on the personal data of the parties concerned as defined below.
The Company acts as the “Data Controller”; the Data Controller is the person who processes the personal data, establishing the purposes and methods of processing the personal data.
Specifically, the processing of personal data of “interested parties” may be carried out by persons specifically authorized by the Company to perform processing operations.
This information notice concerns “interested parties”, meaning the natural persons to whom the personal data refer, i.e. all those persons who operate in the name and on behalf of the legal person that is the Supplier of the Company and whose personal data are processed by the same.
1) Purpose and legal basis of the processing of personal data
The collection and processing of personal data by the Company takes place for the sole purpose of providing, in an appropriate manner, the fulfilments related to the performance of economic activity and in particular for:
a) the execution of pre-contractual activities and the acquisition of preliminary information for the purposes of concluding the contract;
b) the management of the contractual relationship and all activities of an administrative, operational, management and accounting nature relating to the contract (management of orders, invoicing, checks on the reliability of suppliers);
c) the management of litigation, breach of contract, warnings, transactions, arbitration, legal disputes;
d) the fulfilment of the obligations provided for by Laws, Regulations, Community Regulations and provisions issued by Authorities.
The processing is carried out by virtue of the fulfilment of the contractual/pre-contractual and legal obligations connected with the relationship established with the Company; consequently, the express consent of the parties concerned is not necessary.
2) Nature of the provision of personal data
The provision of personal data is mandatory for those personal data in relation to which there is a legal or contractual obligation to provide the same, it is also mandatory to provide the personal data necessary for pre-contractual fulfillment. Any refusal to provide such “compulsory” personal data could result in failure to perform the contract. Any refusal to provide personal data strictly functional to the execution of contractual relationships, but for which there is no obligation to provide, will not in principle result in any consequence, except the possible impossibility of following up the operations related to such personal data or the impossibility of establishing new relationships.
3) Methods of processing and time of storage of personal data
The processing of personal data will be carried out in a lawful and correct manner and in any case in compliance with the above mentioned legislation, by means of suitable instruments to guarantee the security and confidentiality of personal data; the processing of personal data will be mainly carried out by means of IT tools in order to store, manage and transmit the same data.
The processing of personal data will be carried out, primarily, by company personnel specifically authorized and instructed by the Company in the performance of processing operations.
With reference to other subjects who may process the personal data of the subjects concerned, please refer to point 4 of this information notice.
Personal data will be stored in a form that allows the identification of the parties concerned for a period of time not exceeding that necessary to achieve the purposes for which the data are collected and processed.
In particular, in relation to the management of the contractual relationship, personal data will be kept for the times defined by the reference legislation and, at the termination of the contractual relationship, for the ten-year period for the storage of data of a civil nature only.
4) Recipients of personal data
In relation to the personal data of the persons concerned, the Company may carry out communications deriving from an obligation of law, regulation or Community legislation.
The communication, even by simply consulting or making available the personal data of the persons concerned, may also intervene with regard to the following persons:
a) bodies, supervisory bodies, authorities or public institutions;
b) natural or legal persons providing specific services, such as data processing, administrative, tax and/or accounting consultants, organisation of trade fairs and communication events;
c) commercial intermediaries, banks and credit institutions, legal consultancy firms, financial intermediation firms, natural or legal persons responsible for credit recovery, auditing and/or certification of financial statements and quality systems, independent collaborators of the Company, agents and reporters, insurers and brokers.
The persons referred to in points a) and c) operate as independent data controllers.
The persons referred to in point b) act as specifically appointed data processors.
In any case, only the personal data necessary and relevant to the purposes stated in this information notice are transferred to the subjects mentioned.
The list of such third parties will be constantly updated and accessible by interested parties upon request to the Company, by sending an e-mail to the following address: [email protected]
Where necessary for the execution of contractual relations, personal data may be transferred to third countries not belonging to the European Union (EU) or the European Economic Area (EEA) on the basis of the existence of adequacy decisions of the European Commission or on the basis of the adoption of model contractual clauses, duly adopted, or binding business rules specifically authorized.
Personal data will not be disclosed and therefore will not be disclosed to the public or to an indefinite number of subjects.
5) Rights of the interested party pursuant to articles 15, 16, 17, 18, 20 and 21 of the EU Regulation
Each data subject may exercise the rights of access to personal data provided for in Article 15 of the EU Regulation and the rights provided for in Articles 16, 17, 18, 20 and 21 of the same Regulation with regard to rectification, erasure, restriction of processing, portability of personal data, where applicable, and opposition to the processing of personal data.
The rights can be exercised by writing to the following address:
JARDISERVICE SRL
Via Migliara 45 ½ dx, 1250-1274
04014 – Pontinia (LT) – ITALY
If the Company does not respond to the request made by each interested party within the time limits provided for by the law or if the response to the exercise of rights is not appropriate, the interested party may lodge a complaint with the Guarantor Authority for the Protection of Personal Data.
The contact details are as follows:
Guarantor for the Protection of Personal Data
Piazza Venezia n. 11 – 00187 Rome
Fax: (+39) 06.69677.3785
Switchboard: (+39) 06.69677.1
