The processing of your personal data will be based on the principles of fairness, lawfulness, transparency, purpose limitation, storage limitation, data minimization, accuracy, integrity and confidentiality, as well as on the principle of accountability set out in art. 5 of the Regulation. Your personal data will therefore be processed in accordance with the legislative provisions of the Regulation and the confidentiality obligations provided for therein.
By processing of personal data, we mean any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1. DATA CONTROLLER
The data controller is Fabbri 1905 S.p.A., with registered offices at Via Emilia Ponente, 276 40132 – Bologna (hereinafter, "Data Controller" or “Fabbri”), reachable at the e-mail address firstname.lastname@example.org.
Fabbri's Data Protection Officer can be contacted at the Data Controller's offices at the above-mentioned address and/or at the following e-mail address: email@example.com.
2. PERSONAL DATA PROCESSED
As you use the Websites, we inform you that Fabbri may collect and process information related to you as an individual, which may consist of an identifier such as your name, an identification number, location data, an online ID or one or more elements that are characteristic of your physical, physiological, psychological, economic, cultural or social identity and which can identify you or make you identifiable, depending on the type of services requested by you (hereinafter only "Personal Data").
Personal Data which may be processed by Fabbri through the Websites are as follows:
a. Browsing Data
The Website’s operation involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation. While Fabbri does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such, this information is also considered Personal Data.
This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and so on.
This data is used exclusively to compile anonymous, statistical information on the use of the Website, as well as to ensure its correct operation and identify any faults and/or abuse of the Website – the data is deleted immediately after processing, unless it must be used to identify responsible parties in the event of cybercrime committed which harms the Website or third parties.
b. Data provided by the user
- information request form contained, for example, in the contact section (in particular, on the following websites: www.fabbri1905.com, en.fabbri1905.com, us.fabbri1905.com, ar.fabbri1905.com, br.fabbri1905.com, mx.fabbri1905.com, de.fabbri1905.com, cn.fabbri1905.com, en.cocktail.fabbri1905.com, en.cocktail.fabbri1905.com, es.cocktail.fabbri1905.com, de.cocktail.fabbri1905.com, www.marendry.com, en.marendry.com, www.amarenafabbri.com, en.amarenafabbri.com, de.amarenafabbri.com, dk.amarenafabbri.com, lapasticceriadicasafabbri.com, sciroppifabbri.it) through which you will be asked to enter your name, your surname, the city and province of residence and your contact details - e-mail address and telephone number - and to formulate your specific request, which may contain additional personal data. With reference to the latter, we invite you not to include information that may fall into the category of special categories of personal data referred to in art. 9 of the Regulation ([...]personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data intended to uniquely identify a natural person, data concerning health or sex life or sexual orientation of the person).
- the catalog access form, in which you will be asked to enter your name, your surname, your contact details (email address and telephone number), your city and province of origin (in particular, on the following websites: www.fabbri1905.com, en.fabbri1905.com, us.fabbri1905.com, ar.fabbri1905.com, br.fabbri1905.com, mx.fabbri1905.com, de.fabbri1905.com, cn.fabbri1905.com, it.cocktail.fabbri1905.com, en.cocktail.fabbri1905.com, es.cocktail.fabbri1905.com, de.cocktail.fabbri1905.com, www.marendry. com, en.marendry.com, www.amarenafabbri.com, en.amarenafabbri.com, de.amarenafabbri.com, dk.amarenafabbri.com, lapasticceriadicasafabbri.com, sciroppifabbri.it)
c. Data processed due to online services
- registration and access to your personal area, under which your personal and contact data will be processed (in particular, on the website www.fabbri1905.com).
- form "Menu creator" available on the Website, under which your name, your surname and your e-mail will be processed (in particular, on the websites www.fabbri1905.com, en.fabbri1905.com).
d. Data acquired from third parties
Occasionally, Fabbri may collect your data from sources other than the data subject.
Reference is made, for example, to personal contact data and profiling data regarding your purchasing choices and behavioral preferences (such as, for example, data relating to Fabbri products in which you have expressed interest), which may be communicated to Fabbri by independent third-party data controllers (including, for example, MyBaloon S.r.l.), on the assumption that you have given the necessary consent for this purpose.
In addition, reference is made to the data that Fabbri collects from third parties, independent data controllers, in order to verify your status as a Fabbri customer for the provision of particular services, such as the portal MyBaloon managed by MyBaloon S.r.l.
3. PURPOSES OF PROCESSING
Your personal data and the information you provide will be processed, with your consent where necessary, for the following purposes, where applicable:
(a) to enable browsing of the Website and the provision of the services made available therein by the Data Controller, including the management of Website security, as well as contractual and administrative-accounting relationships;
b) to respond to specific requests addressed to the Data Controller, forwarded through the specific forms available on the Website;
c) to send you promotional and marketing communications, including sending newsletters, information material and commercial communications on the services offered by Fabbri 1905 S.p.A., market research and invitations to events organized by Fabbri 1905 S.p.A., by business partners or third parties, through both automated tools (sms, mms, email, push notifications, fax) and not (mail, telephone with operator);
Additionally, pursuant to the provisions of art. 130, paragraphs 1 and 2 of the Privacy Code, the sending of direct marketing communications to legal persons by means of "automated" tools is allowed only with the consent of the legal persons themselves.
Therefore Fabbri 1905 S.p.A., with the consent of legal persons as clients in the cases referred to in paragraphs 1 and 2 of Article 130 of the Privacy Code, may send promotional and marketing communications, including the sending of newsletters, information material and commercial communications on the services offered by Fabbri 1905 S.p.A., market research and invitations to events organized by Fabbri 1905 S.p.A., by business partners or third parties, using their contact details, meaning the addresses and contact details referring to the entity as a whole, through automated tools (sms, mms, e-mail, push notifications, fax, automated call systems without operator, use of social networks, Whatsapp).
Communications will be based on the consistency of what is promoted in relation to the profile of the client company, to its needs and/or to the consistency with the services/products that characterize the profile of the client legal persons.
In any case, Fabbri ensures that it will carry out these marketing activities in a sustainable manner, aiming to inform, not to cause annoyance and to provide as much as possible appropriate proposals to the profile of the Client.
The withdrawal of the consent given by the legal person client is possible at any time, without any prejudice to the lawfulness of promotional communications carried out before the withdrawal.
d) to analyse your purchasing choices and behavioural preferences, in order to better structure personalised commercial communications and proposals, to carry out general analysis for the purposes of strategic orientation and commercial intelligence and, in general, for profiling activities;
e) to carry out direct marketing via e-mail for products and services similar to those purchased by you, pursuant to art. 130, par. 4 of the Code and 13, par. 2 of Directive 2002/58 /EC, unless your explicit refusal to receive such communications, which you may express during the registration to the Website or on subsequent occasions;
f) to fulfill any obligations under applicable laws, regulations or legislation, or satisfy requests from the authorities;
g) in the event that it is necessary to ascertain, exercise or defend a right in court;
h) for purposes of evaluation and statistical monitoring; this purpose involves the analysis of aggregate information that does not relate to identified or identifiable individuals and which, therefore, does not represent personal data and does not allow the Data Controller to determine your identity in any way.
4. LEGAL BASIS AND MANDATORY OR OPTIONAL NATURE OF PROCESSING
The legal basis for the processing of personal data for the purposes referred to in sections a) and b) is art. 6, par. 1, lett. b) of the Regulation ([...]processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;), as the processing is necessary for the provision of services. The conferment of personal data for these purposes is optional, but failure to provide them would make it impossible to access the services requested.
The processing carried out for the marketing and profiling purposes described in sections c) and d) is based on the release of your consent pursuant to art. 6, par. 1, lett. a) ([...] the data subject has given consent to the processing of his or her personal data for one or more specific purposes) of the Regulation. Please note that if you have given your consent to other independent data controllers (including, for example, MyBaloon S.r.l.s.) for the disclosure of your data to Fabbri for direct marketing purposes, the processing for the purpose referred to in letter c) will be based on that consent, in accordance with the Guidelines on Marketing and against spam published by the Italian Data Protection Authority on July 4, 2013. This consent may be withdrawn at any time without any prejudice to the lawfulness of the processing carried out before the withdrawal pursuant to art. 7 of the Regulation. The conferment of your personal data for these purposes is therefore entirely optional and does not affect the use of services. Should you wish to object to the processing of your personal data for marketing or profiling purposes, you may do so at any time by contacting the Data Controller at the addresses indicated in the "Contacts" section of this information notice.
With reference to the purpose referred to in point e), it should be noted that if the Data Controller uses, for the purpose of direct sales of its products or services, the e-mail coordinates provided by the data subject in the context of the sale of a product or a service, it may, pursuant to art. 130, paragraph 4 of the Code, not require the consent of the data subject, provided that the products and/or services are similar to those being sold and that the data subject, having been adequately informed, does not refuse such use, either initially or on the occasion of subsequent communications.
The purpose referred to in section f) represents a legitimate processing of personal data under art. 6, par. 1, lett. c) of the Regulation ([...]the processing is necessary for compliance with a legal obligation to which the controller is subject). Once the personal data have been conferred, in fact, the processing is indeed necessary to fulfil legal obligations to which the Data Controller is subject.
The processing carried out for the purposes referred to in section g) is based on the legitimate interest of the Data Controller pursuant to art. 6, paragraph 1, letter f) of the Regulation.
In conclusion, it should be noted that the processing referred to in section h), not being related to personal data, does not fall under the scope of the data protection legislation and can therefore be freely carried out by the Data Controller.
5. RECIPIENTS OF PERSONAL DATA
Your personal data may be shared, for the purposes set out in section 3 of this Policy, with:
- Subjects who typically act as Data Processors pursuant to art. 28 of the Regulation on behalf of Fabbri, in particular:
- Entities engaged in order to provide the Services (e.g., hosting providers or e-mail platform providers);
- Persons authorised to perform technical maintenance (including maintenance of network equipment and electronic communications networks).
- Persons authorized by the Data Controller, pursuant to art. 29 of the Regulation, to process personal data necessary to carry out activities which are strictly related to the provision of services - who are committed to confidentiality or have an adequate legal obligation of confidentiality;
- Subjects, entities or authorities to whom it is mandatory to communicate your personal data by virtue of legal provisions or orders issued by the authorities;
- Your data may be accessible to other companies of Fabbri Group for the same purposes as above and / or for administrative and accounting purposes pursuant to art. 6.1.f) and to Recitals 47 and 48 of the Regulation.
These subjects are hereinafter collectively referred to as "Recipients". A complete list of the Recipients of the processing can be obtained by sending a written request to the Data Controller at the addresses indicated in the "Contacts" section of this Policy.
6. TRANSFERS OF PERSONAL DATA
Some of your personal data could be shared with Recipients who may be located outside the European Economic Area. The Data Controller ensures that your personal data are processed by these recipients in compliance with articles 44 - 49 of the Regulation. Indeed, transfers may be based on an adequacy decision or on Standard Contractual Clauses approved by the European Commission or under other appropriate legal basis. Further information can be obtained by sending a written request to the Data Controller at the addresses indicated in the "Contacts" section of this Policy.
7. DATA RETENTION
The personal data processed for the purposes referred to in sections a) and b) will be stored for the time strictly necessary to achieve those purposes. In any case, since the data are processed for the provision of services, the Data Controller will retain the personal data for the period of time foreseen and permitted by Italian law in order to protect his/her interests (Art. 2946 c.c. et seq.).
For the purposes referred to in section c) and d), your personal data will, instead, be processed for the period strictly necessary to achieve the purposes for which they were collected, by complying with the principle of data minimization set forth in art. 5, par. 1, lett. c) of the Regulation and, in any case, until the withdrawal of your consent. Once your consent has been withdrawn, the data processed for the purposes referred to in sections c) and d) will be deleted or permanently anonymized.
For the purposes specified in section e), your personal data will be processed until you object to the processing. Personal data, processed for the purposes described in section f), will be retained for as long as required by the specific applicable obligation or legal provisions.
In general, the Data Controller reserves the right, in any case, to store your data for the time necessary to comply with any regulatory obligation to which the same is subject or to meet any defensive needs. In fact, it is possible for the Data Controller to keep your personal data for the period of time provided for and allowed by Italian law in order to protect his/her own interests (art. 2947 c.c.).
Further information regarding the data retention period and the criteria used to determine this period may be requested by sending a written request to the Data Controller at the addresses indicated in the "Contacts" section of this policy.
8. DATA SUBJECT'S RIGHTS
You have the right to access your Personal Data at any time, pursuant to articles 15-22 of the Regulation. In particular, you may ask for the rectification (pursuant to art. 16), erasure (pursuant to art. 17), limitation (pursuant to art. 18) and portability of data (pursuant to art. 20), not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or which affects your person in a similar significant way (pursuant to art. 22), as well as the withdrawal of any consent given (pursuant to art. 7, par. 3).
You may also formulate a request to object to the processing of your Personal Data pursuant to art. 21 of the Regulation in which you must give evidence of the reasons justifying the objection: the Data Controller reserves the right to evaluate your request, which would not be accepted in case of the existence of compelling legitimate reasons to proceed with the processing that override your interests, rights and freedoms. We also inform you that you have the right to object at any time and without justification to profiling. You also have the right to object at any time and without justification to the sending of direct marketing through both automated tools (e.g., sms, mms, e-mail, push notifications, fax, automated call systems without operator) and not (mail, telephone with operator). Additionally, with regard to direct marketing, you may exercise this right also partially, i.e., in this case, by objecting, for example, only to the sending of promotional communications by automated tools.
Requests should be made in writing to the Data Controller at the addresses indicated in the "Contacts" section of this Policy.
In any case, you always have the right to lodge a complaint with the competent supervisory authority (Garante per la Protezione dei Dati Personali), pursuant to art. 77 of the Regulation, if you believe that the processing of your data is contrary to the legislation in force, or to take legal action pursuant to art. 79 of the Regulation.
In order to exercise the aforementioned rights or for any other request, you may write to the Data Controller at Via Emilia Ponente 276, 40132 - Bologna or at the e-mail address firstname.lastname@example.org.
You can also contact Fabbri's Data Protection Officer at the Data Controller's registered office at the above-mentioned address and/or via e-mail at email@example.com.