Information on the treatment of the personal data to the senses of the article 13 of the code in matter of protection of the personal data (D.Lgs 196/03)
Notice pursuant to article 13 of Italian legislative decree no. 196-2003:
We wish to inform you that Italian legislative decree no. 196 of 30th June 2003 (the data protection act) is to protect the personal data of persons and other entities. In accordance with the above act, the data will be used in a correct, lawful and transparent manner to protect your privacy and rights. Therefore, pursuant to article 13 of Italian legislative decree no. 196-2003, we provide you with the following information:
1. The data that you provide will be used for the following purposes: to make it possible to fulfil the necessary italian regulation requirements and to provide you with the information and services required
2. The data will be used in the following ways: by computer
3. It is compulsory to give us the data due to our obligations towards the law authorities. Should you refuse to give us this data, it may not be possible for the relationship to continue
4. The data will be used directly by B.C.E. S.r.l. for sending commercial and non-commercial messages and information, also via e-mail. If formally requested, the data will be given to the law authority in question
5. The data controller is B.C.E. S.r.l.; contact email: firstname.lastname@example.org
6. The data supervisor is B.C.E. S.r.l.
7. You may exercise your rights towards the data controller at any time, pursuant to article 7 of Italian legislative decree no. 196/2003. For your convenience this article is copied in full below:
Italian legislative decree no.196/2003
Art. 7 – Right of access to personal data and other rights
1. The person concerned has the right to obtain confirmation of the existence or otherwise of personal data concerning him or her, even though it may not yet have been recorded, and to have it communicated in an intelligible form.
2. The person concerned is entitled to obtain information about:
a) the origin of the personal data;
b) why and how the personal data will be used;
c) the logic applied if the data is processed with the aid of electronic instruments; d) the details of the controller, the supervisor and the appointed representative according to Article 5, paragraph 2;
e) the entities or categories of entities to whom the data may be communicated or who may become aware of it as appointed State area representatives, managers or people with specific tasks.
3. The person concerned is entitled to obtain:
a) updates or corrections of the data or, if it should concern him or her, additions to the data;
b) cancellation, transformation into an anonymous form or blocking of data processed in breach of the law, including data which does not need to be kept for the purposes for which the data has been collected or subsequently processed;
c) a declaration that the operations referred to under a) and b) have been brought to the notice, also as regards their content, of those to whom the data has been communicated or made known, except in the case where compliance with this is found to be impossible or involves the use of means that are manifestly out of proportion compared with the right being safeguarded.
4. The person concerned is entitled to object, entirely or in part:
a) for legitimate reasons, to the processing of personal data regarding him or her, even though it may be pertinent to the purpose of the data collection;
b) to the processing of personal data regarding him or her for the purposes of sending publicity or direct sales material or for carrying out market or commercial advertising research.
Art. 24 – Cases in Which No Consent Is Required for Processing Data
1. Consent shall not be required in the cases referred to in Part II as well as if the processing
a) is necessary to comply with an obligation imposed by a law, regulations or Community legislation;
b) is necessary for the performance of obligations resulting from a contract to which the data subject is a party, or else in order to comply with specific requests made by the data subject prior to entering into a contract;
c) concerns data taken from public registers, lists, documents or records that are publicly available, without prejudice to the limitations and modalities laid down by laws, regulations and Community legislation with regard to their disclosure and publicity;
d) concerns data relating to economic activities that are processed in compliance with the legislation in force as applying to business and industrial secrecy;
e) is necessary to safeguard life or bodily integrity of a third party. If this purpose concerns the data subject and the latter cannot give his/her consent because (s)he is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the data subject, or else by a next of kin, a family member, a person cohabiting with the data subject or, failing these, the manager of the institution where the data subject is hosted. Section 82(2) shall apply;
f) is necessary for carrying out the investigations by defence counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor by complying with the legislation in force concerning business and industrial secrecy, dissemination of the data being ruled out;
g) is necessary to pursue a legitimate interest of either the data controller or a third party recipient in the cases specified by the Garante on the basis of the principles set out under the law, also with regard to the activities of banking groups and subsidiaries or related companies, unless said interest is overridden by the data subject’s rights and fundamental freedoms, dignity or legitimate interests, dissemination of the data being ruled out;
h) except for external communication and dissemination, is carried out by no-profit associations, bodies or organisations, recognised or not, with regard either to entities having regular contacts with them or to members in order to achieve specific, lawful purposes as set out in the relevant memorandums, articles of association or collective agreements, whereby the mechanisms of utilization are laid down expressly in a resolution that is notified to data subjects with the information notice provided for by Section 13,
i) is necessary exclusively for scientific and statistical purposes in compliance with the respective codes of professional practice referred to in Annex A), or else exclusively for historical purposes in connection either with private archives that have been declared to be of considerable historical interest pursuant to Section 6(2) of legislative decree no. 499 of 29 October 1999, adopting the consolidated statute on cultural and environmental heritage, or with other private
archives pursuant to the provisions made in the relevant codes.
Form for acquiring the consent of the person concerned
Having read the notice provided by the data controller pursuant to article 13 of Italian legislative decree no. 196/2003, I, the undersigned:
– give my consent for the use of my personal data for the purposes outlined in the notice (if the use does not come under one of the possible cases for exemption as per art. 24 of Italian legislative decree no. 196/2003)
– give my consent for my personal data to be given to the entities shown above for the purposes outlined in the notice (if the data is to be communicated and this does not come under one of the possible cases for exemption as per arts. 24 and 61 of Italian legislative decree no. 196/2003)
– give my consent for my personal data to be made known for the purposes and within the sphere outlined in the notice (if the data is to be made known and this does not come under one of the possible cases for exemption as per arts. 24 and 61 of Italian legislative decree no. 196/2003)
– give my consent for the use of sensitive data needed to carry out the operations outlined in the notice (if sensitive data is to be used)