INFORMATION NOTICE RELATING TO DATA SUBJECT PURSUANT TO ARTICLE 13 OF LEGISLATIVE DECREE NO. 196 OF JUNE 30, 2003 (“Personal Data Protection Code”)

Introduction

C.M.S Srl wishes hereby to provide you with information about the processing of personal data you directly provide as a Customer (hereinafter referred to as “Interested”) or otherwise acquired by C.M.S. during the intercurrent relationship. C.M.S it may also acquire information relating to the subjects delegated by the Customer to join the Service, or to request technical assistance services, also on line (so-called ticket), on behalf of the Customer. The data relating to said subjects, who work on behalf of the Customer, will be processed by C.M.S. with the methods and purposes indicated in this document. The Customer ensures that this information is made available to subjects who interact or interact with C.M.S., in order to make them aware of the processing of personal data provided and to have obtained, where necessary, their consent.

Data Collector:

The Data Controller of your data is C.M.S. Srl – registered office in Molfetta (BA), Via Oliere e Saponerie Meridionali n. 19, e-mail: info@cmsbenne.it, tel. 0803385841.

E-mail/pec cmsbenne@pec.it , tel. 0803385841.

1) Types of Data collected

As a result of the relationship and in the course of the same, as specified in the epigraph, C.M.S. will collect and process your personal data directly provided by you as Customer or otherwise acquired by C.M.S. during the intercurrent relationship.

The data that will be processed are the data c.d. common as merely exemplary: name, surname, tax code, gender, place and date of birth, address, email address and telephone contact, the data contained in the identification documents (and, where required by current legislation, including the aforementioned documents and therefore the images reproduced therein), images, VAT numbers.

2) Law

The processing of your data as indicated above can take place:

  • by your consent;
  • for the execution of a contract;
  • for the need to comply with obligations provided for by law or by a regulation or by community legislation, including those provided for by the tax regulations;
  • by your consent: 1) for the direct sale of products or services and for marketing purposes, promotion of activities and presentation of the initiatives of C.M.S., by sending advertising material and commercial communications from C.M.S .; 2) for the direct sale of products or services and for marketing purposes, promotion of activities and presentation of initiatives by third parties, operating in the Information and Communication Technology sectors.

3) Purposes of data processing

The processing of your personal data will be carried out in order to correctly supply and manage the services requested by you and in particular:

[1] to ensure the provision of the service for which activation is requested (hereinafter, the “Service”) and the activities connected to it;

[2] to ensure the management and response to requests for technical assistance sent by the Customer, also online (in which case, C.M.S., in order to ensure maximum transparency, will provide you with additional specific information to supplement this);

[3] for statistical purposes related to business and market analysis carried out in anonymous and aggregate form;

[4] for the necessary fulfillment of the obligations established by laws, regulations, community legislation and instructions given by the authorities to this legitimized by law or by supervisory and control bodies;

[5] for the direct sale of products or services and for marketing purposes, promotion of activities and presentation of CMS initiatives, through the sending of advertising material and commercial communications by CMS, both with automated methods (e.g. e-mail, fax, sms), both with traditional methods of contact (telephone, paper mail). To this end, the Company will be able to carry out the activities for these Additional Purposes C.M.S. both on his own account, and using third parties regularly appointed as Data Processors (hereinafter “Further Finalità C.M.S.”);

[6] for the direct sale of products or services and for marketing purposes, promotion of activities and presentation of the initiatives of third parties, operating in the Information and Communication Technology sectors, implemented through the sending of advertising material and commercial communications, both automated (eg, e-mail, fax, sms), both with traditional methods of contact (telephone, paper mail) and made by such third parties with whom CMS has entered into commercial agreements (hereinafter “Additional Third-Party Financing”).

The provision of data relating to name, surname, tax code, gender, place and date of birth, address, email address and telephone contact and images (where necessary for your identification) is mandatory, as each of these data is essential for the purpose of providing the service. Therefore, the relative refusal, even if only partial, implies the impossibility for C.M.S. to activate and provide the Service requested by you, as well as to receive technical assistance when requested by the interested party.

The provision of data for the need to comply with obligations under the law or by a regulation or by community legislation, including those provided for by the tax legislation is mandatory and for the processing of such data, your consent is not required. The refusal, even if only partial, to the conferment will make it impossible to correctly implement all the legal obligations related to the intercurrent relationship or to continue the relationship itself.

In accordance with current legislation we will ask you, therefore, to declare to accept, after having read this information, ticking the box in the appropriate registration form.

The consent to the processing of personal data for the Further Purposes C.M.S. above is optional and its non-performance does not prevent you from accessing the C.M.S. Services, nor to its assistance. The consent to the processing of personal data for the additional Third Party Purposes mentioned above is optional and its non-performance does not prevent you from accessing the C.M.S. Services, nor to the relative assistance. In accordance with current legislation, it is possible to express their consent to the processing of data as indicated above, by ticking the box “I give my consent” in the appropriate registration form. The consent will be valid for both traditional and automated methods of contact, but after consent has been given, you may still object, even partially in relation to the various contact methods specified in point 3) of this policy, to such processing.

Furthermore, unless the Customer objects to be exercised at any time by request to be forwarded to the Internal Service Manager specifically appointed and authorized at the address indicated at the bottom of this informative note, C.M.S. may use the e-mail coordinates provided when the Service is activated, to send information and commercial offers on C.M.S. products and services. analogous to the Service purchased by the Customer, on the basis of the institute referred to in art. 130, paragraph 4 of Legislative Decree 30 June 2003, n. 196 (so-called “soft spam”).

The Customer is also required to fill in the field “E-mail address for technical or commercial communications” and the two fields relating to the telephone number, it being naturally understood that, if the Customer has not provided an express consent for the activities of marketing and / or has opposed the use of the aforementioned information for marketing activities similar to the Service subscribed, the data provided will be used exclusively for technical communications.

4) Purposes and modalities of the processing

The data provided or otherwise acquired during the course of the report will be processed on paper, electronic or digital.

The processing of information concerning you will be based on principles of correctness, lawfulness, transparency and protection of your privacy and your rights.

In any case, the treatment will be carried out with the use of appropriate technical and organizational measures to ensure the security and confidentiality of the data.

With particular reference to the processing of personal data for the Further Purposes C.M.S. it should be noted that processing can be carried out using automated methods (eg e-mail, fax, sms) or traditional contact methods (telephone, paper mail). To this end, the Company will be able to carry out the activities for these Additional Finances both on its own and by using third parties regularly appointed as External Responsible for processing.

Lastly, with reference to the processing of personal data for the Further Purposes, it should be noted that processing may take place using automated methods (eg e-mail, fax, sms) and traditional contact methods (telephone, paper mail) and made by such Third Parties with whom the CMS has entered into trade agreements.

It is specified that:

  1. if the interested user does not complete the registration process, after thirty days, the data are deleted;
  2. if the Interested user, instead, is an active user who subsequently revokes his consent to the processing, the data will be stored in storage for 20 years from the revocation and after this period the cancellation will occur automatically;

For all the obligations provided for by law including those relating to accounting, administrative and tax, the data will be stored, in storage, for a period of 20 years starting from the moment of release of the digital identity.

In any case, the cases in which the preservation for a subsequent period is required by the competent authorities or in accordance with the applicable legislation are reserved. At the end of the retention period the data will be deleted, anonymised or aggregated.

5) Categories of certain subjects to whom the data can be communicated

The mandatory data provided will not be disseminated in any way and may be communicated or made accessible, exclusively for the purposes described, to the subsidiaries and / or affiliated with CMS, to other companies that deal with the maintenance of computer systems or operating in the sector of the Information and Communication Technology, as well as to the subjects that deal with specific phases of the treatments, as Independent Owners or Managers, also external, of the treatment regularly designated by CMS whose names and relative qualifications are available at the request of the interested parties, as well as to subjects to whom the right to access the data is recognized by provisions of law and secondary legislation. Furthermore, your data may be communicated or made accessible to the Data Protection Officer, if appointed, within the scope of the functions entrusted to it.

The Company may also disclose your personal data to third parties (i) where required by EU or Member State legislation; (ii) in the case of legal proceedings; (iii) in response to a request from law enforcement agencies based on legitimate grounds; (iv) to protect the rights, privacy, security or property of the Company and again, to the extent permitted by law, to investigate, prevent or take measures concerning illicit activities, suspected fraud.

6) Data Subject’s Rights

At any time you can exercise your rights towards the Data Controller and Data Processors pursuant to art. 7 of Legislative Decree No. 196 of June 30, 2003 and subsequent amendments and of the New EU Regulation 2016/679 (GDPR) which are listed below:

  • The interested party has the right to obtain confirmation of the existence of personal and / or sensitive data concerning him / her and access to it (ie to know and obtain communication in relation to the purposes and methods of the processing), even if not yet registered, and their communication in form.
  • The interested party has the right to obtain the indication: a) of the origin of the personal data; b) of the purposes and methods of the processing; c) of the logic applied in case of treatment carried out with the aid of electronic instruments; d) of the identification details of the owner, of the managers and of the designated representative pursuant to article 5, paragraph 2 of the legislative decree 196/2003, as well as of the Data Protection Manager, if appointed; e) of the subjects or categories to which the personal data can be communicated as a designated representative in the territory of the State; of managers or agents or authorized to process; of data protection officer if appointed.
  • The interested party has the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or the limitation or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
  1. c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, including as regards their content, to all those to whom the data have been communicated or disseminated, except in the case where such fulfillment it proves impossible or involves a use of means manifestly disproportionate to the protected right; d) the right to portability.
  • In the event that the person concerned has given any form of consent to the processing of their personal data, he is entitled to note that the revocation will take effect from the day following the date of receipt of the relevant communication.
  • The interested party, for legitimate reasons, has the right to object, in whole or in part, to the processing of personal data concerning him / her, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or communication

The rights are exercised with a request made without formalities to the Data Controller or to the Data Processor, also through a designated person, to whom appropriate feedback is provided without delay.

The request addressed to the Data Controller or the Data Processor can also be sent:

  • by registered letter sent to the “Internal Service Manager” at C.M.S.S.r.l. Via Oliere e Saponerie Meridionali, 19 70056 Molfetta (BA)
  • e-mail to the following address: info@cmsbenne.it and showing the subject “Communication addressed to the Internal Service Manager”

while that addressed to the Data Protection Officer can be sent by e-mail to the following address: info@cmsbenne.it and reported in the subject “Communication addressed to the Data Protection Officer”.

  • Right to lodge a claim pursuant to Article 77 of the GDPR 2016/679 to the competent Supervisory Authority on the basis of his habitual residence, or at the place of work or place of violation of rights; for Italy, the Guarantor for the protection of personal data can be contacted via the contact details on the website

Where the request for access is presented by electronic means, the information will be provided in an electronic format in common use, after identification of the interested party.

For more information about your privacy rights, please visit the website of the Personal Data Protection Authority, at www.garanteprivacy.it.

24 Maggio 2018
C.M.S. S.r.l.