Reg. (UE) 2016/679
In compliance with Italian Legislative Decree 196/2003 and Reg. (EU) 2016/679, we wish to inform you that COMES S.r.l., through its website, processes your personal data. The Italian and European legislation in the field of privacy provides a more intense protection to "personal" data aimed at revealing racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of political parties, trade unions, religious, philosophical, political or trade union associations or organizations, biometric data, health status, sex life as well as judicial data.
The processing of such data is allowed only with the explicit consent of the data subject, or if it "is necessary for the purposes of carrying out the obligations and exercising specific rights of the
controller or of the data subject in the field of employment and social security and social protection law" (Article 9 Reg. EU 679/2016; Article 26 of Italian Legislative Decree 196/03).
PURPOSE OF PROCESSING
COMES S.r.l. assures the interested parties that the collected personal data are complete, relevant and limited to what is necessary for the purposes for which they are processed. They will be collected exclusively for the purposes indicated below:
- execution of the requested service;
- to send, via e-mail, replies regarding our products and services;
- to process statistics in anonymous form (e.g. to evaluate the number of accesses);
- to comply with legal obligations and provisions of the competent Authorities.
MODALITY OF PROCESSING
Personal data are mainly processed with automated and electronic tools, for the time strictly necessary to achieve the purposes for which they were collected, by persons specifically appointed to do so. Specific security measures are observed to prevent the loss of data, illicit or incorrect use of the same and unauthorized access, in order to allow access only to appointed persons in charge. The list of appointed persons in charge is available at the Data Controller main establishment. The acquired personal data will be stored on electronic media, kept and archived on servers owned by the Data Controller and located at the latter's main establishment, managed in a protected environment with controlled access.
The logic underlying the processing of data is strictly related to the purposes listed above and based on the data held by COMES S.r.l.
In all cases, the processing of personal data will take place in accordance with the law, according to principles of lawfulness and correctness.
COMES S.r.l. will not use the personal data of the interested parties for profiling purposes.
- navigation or session cookies, necessary for normal navigation and use of the website (such as to make a purchase or to authenticate and access restricted areas);
- functionality cookies, which allow the user to navigate according to a series of selected criteria (for example the language, the selected products for purchase) in order to improve the browsing experience on the website.
For cookies of the abovementioned types, the prior consent of users is not required.
SCOPE OF COMMUNICATION AND DATA DISCLOSING
For the purposes specified above, the personal data of users may be processed by the employees or collaborators of the Data Controller as persons in charge or as persons in charge of the processing of personal data. These data may also be disclosed to:
- companies, consultants or professionals, natural and / or legal persons, if the communication is necessary or functional to the correct fulfilment of the contractual obligations undertaken, as well as the obligations deriving from the law;
- associated companies for administrative and accounting purposes;
- all those subjects (including Public Authorities) who have access to personal data by virtue of regulatory or administrative provisions.
The communication of the aforementioned data will in any case take place with a guarantee of protection of the rights of the data subject and with a prohibition of further communication or dissemination without prior explicit authorization.
DURATION OF THE PROCESSING
COMES S.r.l. ensures that the data collected will be kept for the period strictly necessary for the aforementioned purposes, in order to guarantee the correct performance of the services requested and offered through the website.
IDENTIFICATION OF THE DATA CONTROLLER AND PROCESSOR
The Data Controller is COMES, C.F./P. IVA 11648040159, based in via Don Fracassi 25/27, 20008 Bareggio (MI), Italy, represented by Mr Nicola Stagni.
RIGHTS OF THE DATA SUBJECT
The data subject has the right to request access to personal data, the update, rectification or cancellation of the same, the limitation of processing, portability as well as the right to oppose their processing (articles 15-21 Reg. EU 679/2016).
The data subject also has the right to revoke the consent previously given at any time.
For the exercising the aforementioned rights, the data subject can make a written request to the following address: firstname.lastname@example.org
The data subject also has the right to lodge a complaint with the Supervisory Authority in the event of a presumed or ascertained violation of legitimate rights and interests (Article 77 of Reg EU 679/2016).
In any case, the Data Controller reserves the right to fully implement the requests abovementioned no later than the following deadlines:
- taking charge of the request - 10 working days;
- fulfilment of the request - 15 working days from taking charge.
The Data Controller will communicate, in writing and addressed to the data subject, the completion of the requested procedure.
CONSENT OF THE DATA SUBJECT TO THE PROCESSING, COMMUNICATION AND DISSEMINATION OF THEIR PERSONAL DATA
The data subject, by checking the flag on the data processing authorization box, certifies his / her free consent for the Data Controller to proceed with the processing of data as described above, as well as their communication only to those expressly authorized and appointed.
This consent is also intended to be extended to the processing and communication of personal data pursuant to art. 9 and 10 Reg. (EU) 679/2016 for the purposes and within the limits expressly indicated in the information.
REG. (UE) 2016/679
Article 15 - Right of access by the data subject
- The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
- The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
- The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Article 16 - Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Article 17 - Right to erasure (‘right to be forgotten’)
- The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
- the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
- Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
- Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
Article 18 - Right to restriction of processing
- The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
- Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
- A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Article 19 - Notification obligation regarding rectification or erasure of personal data or restriction of processing
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
Article 20 - Right to data portability
- The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
- the processing is carried out by automated means.
- In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
- The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That
right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Article 22 - Automated individual decision-making, including profiling
- The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
- Paragraph 1 shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller;
- is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
- is based on the data subject's explicit consent.
- In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
- Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.