On 25th May 2018, the new General Data Protection Regulation 2016/679 (GDPR) is fully applicable. In order to correctly comply with the provisions and be compliant with the new Regulations, Imagicle S.p.A is particularly dedicated to protecting its Customers, Suppliers, Partners and Employees (or potential)' privacy and data processing.
In compliance with the provisions of Articles 13 and 14 of EU Regulation 2016/679 (hereafter "GDPR"), as part of the protection of personal data, Imagicle S.p.A (hereinafter "Imagicle") provides users with the following information:
The data controller is Imagicle S.p.A., legally established in Via Fondacci, 272 - 55054 Massarosa (LU).
The updated and complete list of external data processor, with which Imagicle has signed an agreement to treatment, is kept at its registered office. The designation of a DPO is not currently foreseen. When necessary, the current information will be updated promptly with the contact details of the appointee.
For additional information on personal data protection, please contact: firstname.lastname@example.org.
The purpose of processing
In compliance with the articles 13 and 14 of the Regulations, in relation to the personal data which will come into its possession as Data Controller, Imagicle provides the following information.
Personal data, as defined by art. 4 n. 1) of the GDPR provided by the user and by the Customer will be processed in compliance with this article and in any case in compliance with the current legislation on the protection of personal data.
The data will be processed for institutional purposes, connected or instrumental to the activity of Imagicle and in particular:
- for purposes strictly related to the management of the pre-contractual and contractual relationship, the processing of which is necessary for the execution of the Contract in which the interested party is involved (Article 6, b) of the GDPR) and the prosecution of a legitimate interest of the Data controller (art. 6, f) of the GDPR). Such legitimate interest is related to the economic activity of Imagicle (pre-contractual and contractual purposes);
- for the fulfillment of the obligations established by laws or by regulations to which the Data Controller is subjected to (Article 6 letter c) of the GDPR) (legal obligations);
- to communicate or send commercial information and data, also to Imagicle partners, using automated or non-automated channels, advertising material via telephone and e-mail, whose legal basis lies in the explicit consent of the data subject (Article 6 letter a) of the GDPR ) (direct marketing purposes and with business partners);
- to provide technical support following the software installation, or to provide technical support as a result of software maintenance request, being present the explicit consent of the interested party or the contractual assumption (technical support purposes).
Personal data recipients or categories of recipients
The categories of recipients of personal data are:
- Imagicle employees, as they are entrusted with the processing;
- External data processor with whom Imagicle has a working relationship on a contractual basis.
Data communication and distribution
- Data may be shared inside Imagicle to persons responsible for coordinating activities inherent to the services offered by Imagicle, or with third parties (e.g. banks, consulting firms, agents) for credit risk protection, market research, economic and statistical analysis, and commercial information and communication.
- Personal data will be shared only as strictly necessary to perform the duties assigned by us to these third parties within the purposes of the lett. a), b) and d), and, in the case of lett. c), with the express consent of the Customer. Data may also be shared with public authorities requiring it in exercising their powers.
- Imagicle provided the necessary designations and appointments of the external data processor pursuant to art. 28 of the GDPR.
- Data are processed electronically and/or automatically and/or via the third parties listed above.
- Data are processed and organized in databases; they are archived for the time required to provide the requested services and functions and to provide technical and operational assistance. They are kept for the purposes set out in the GDPR Regulation.
- Data are processed for the organization and elaboration of personal data, including data from access logs and the use of services available via Internet, related to the purpose indicated, and in any case, in such a way as to guarantee the security and privacy of the data and of the electronic communications with regard to risks of data loss, illegal use and unauthorized access.
Nature of the provision of data
Certain types of data are essential to the establishment of a contractual relationship to the continuation of an existing relationship. Other data are not required for these purposes. In the first case, data must be provided, while this is optional in the second. Therefore, data must be provided when required by law or when indispensable for organizational needs and to provide the requested services.
Refusal to provide this data would prevent the establishment of a contractual relationship and the provision of the related services.
- The consent for the processing of data referred to in lett. a), b) and d) of the item "Purpose of processing" is not necessary according to art. 6 of the GDPR.
- The consent to the processing of data referred to in lett. c) of the item "Purpose of processing", however, is optional, and any refusal will prevent Imagicle from sending commercial communications, profiling activity or communication to its partners for commercial purposes of third parties.
Personal data are stored both on servers located within the European Union and on servers located in third countries, which are within the USA. In this case, Imagicle ensures from now on that the transfer of non-EU data will take place in accordance with the applicable legal provisions, subject to the stipulation of the standard contractual clauses provided by the European Commission.
Data retention period
- The retention period of the data for contractual purposes coincides with the duration of the contractual relationship, while that related to the fulfillment of legal obligations is prescribed by law.
- According to the purposes of direct marketing and commercial partners, the concerned party has the right to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation.
- All of the data listed above may also be processed in order to fulfill legal obligations for the times required by the Regulations. Processing may also be done to determine liability in the event of computer crimes causing damage to the site, which are investigated by the judicial authorities. In this case, archiving times will depend on the duration of the investigation.
Data subjects rights
- At any time, the concerned parties may exercise their rights to the data processor, in accordance to Article 15 of GDPR. Each data subject has the right to access personal data, to correct or cancel data, to limit the data processing or to oppose their processing, in addition to the right to data portability. Furthermore, the interested party is entitled to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation.
- The concerned party has the right to make a complaint to the Authority for the Protection of Personal Data.
Procedures for the exercise of any right
The concerned party may exercise the rights at any time by calling or sending:
- the number +390584943232;
- a registered letter with acknowledgment of receipt to: Imagicle s.p.a - Via dei Fondacci, 272, 55054 Massarosa LU;
- a PEC to the e-mail address: email@example.com
Categories of personal data involved
The data processed by Imagicle are personal data and, on some occasions, sensitive data. Data are processed by Imagicle in a lawfully, fairly and transparent manner in relation to the data subject.
Updated on Wednesday, May 23rd, 2018