Information to customers pursuant to art. 13 of EU Regulation 2016/679
-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), P. IVA n. 02039990037 forms that personal data will be processed in accordance with the rules dictated by the EU Regulation.
The processing of personal data relating to legal persons does not fall within the scope of application of the rules for the protection of personal data prepared by EU Regulation 2016/679. For the purposes of clarity and transparency towards its customers, the Company also provides this information to legal entities, describing the methods and purposes of all processing operations that it performs or has the right to perform 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 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 Client 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 purposes indicated below:
a) the execution of pre-contractual activities and the acquisition of preliminary information for the purposes of concluding the contract;
b) the execution of contractual obligations (by way of example: administration, accounting, contract management, invoicing/payment services);
c) the management of the relations between the Client and the Company (for example, the management of litigation, or of credits deriving from a contract and/or collateral acts, factoring).
In relation to the above purposes, the processing is carried out in order to fulfil the contractual/pre-contractual obligations and the legal obligations connected with the relationship established with the Company; consequently, consent to the processing is not necessary.
It should also be noted that the personal data collected may be used for marketing and commercial promotion purposes in reason and within the limits of what is permitted by art. 130, paragraph 4 of the Privacy Code, as amended by Legislative Decree 101/2018, with regard to the so-called “soft spam”; therefore, without the need to obtain the prior consent of the parties concerned, the Company may use the e-mail address provided in the context of a previous sale for the purposes of direct sale of additional products or services, provided that they are products and services similar to those of the previous sale. It should be noted that interested parties may at any time object to such processing by writing to the e-mail address of the Company, as identified in point 5 of this statement.
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 accordance with the applicable legislation, using appropriate tools to ensure the security and confidentiality of personal data; the processing of personal data will be mainly carried out through computer 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 time defined by the reference legislation and, at the termination of the contractual relationship, for the ten-year term for the storage of civil data only.
In relation to the performance of processing operations related to the so-called “soft spam”, personal data collected will be kept for the time strictly necessary for the management of the purposes indicated above according to criteria based on compliance with current regulations and correctness as well as the balance between the legitimate interest of the Company and the rights and freedoms of the parties concerned. Consequently, in the absence of specific regulations that provide for different storage times, the Company will take care to use personal data for the above purposes of marketing and commercial promotion for a time consistent with the interest shown by the parties concerned in the products and services of the Company itself.
In any case, the Company will take every care to avoid the use of personal data indefinitely, proceeding periodically to verify in a suitable manner the effective persistence of interest in having the processing carried out for marketing and commercial promotion purposes.
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. For the purposes referred to in point 1, let. a), b), c) of this statement (ie for purposes related to the execution of the contract, pre-contractual measures and the management of relations between the customer and the Company).
The communication, even by simply consulting or making available the personal data of the persons concerned, may also intervene towards the following persons:
a) bodies, supervisory bodies, authorities or public institutions;
b) natural or legal persons providing specific services, such as data processing, customer satisfaction surveys, 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;
d) natural and/or legal persons who request references/data for the purposes of participation in public tenders, or in the context of the execution of supply contracts with customers by the Company.
The persons referred to in points a), c) and d) shall act as independent data controllers.
The subjects referred to in point b) operate as data processors, specifically appointed.
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.
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:
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
E-mail: [email protected]