Privacy Policy

PRIVACY POLICY

INFORMATION CONCERNING THE PRIVACY POLICY OF THE WEBSITE PURSUANT TO EUROPEAN REGULATION 2016/679 AND LEGISLATIVE DECREE NO. 196/2003, AS AMENDED BY LEGISLATIVE DECREE NO. 101/2018

Welcome to our website www. sirtef.it (hereinafter, the “Site”). For Sirtef srl your privacy and the security of your personal data are very important. That is why we collect and manage your personal data with the utmost attention, and adopt specific measures to safely store it. Below you will find key information about how your personal data is processed when you navigate through the Site and use the services offered. For detailed information about how Sirtef srl processes your personal data, please carefully read this document (Privacy Policy)‎‎. Please also read the ‎‎Cookie Policy‎‎ which contain detailed information about the use of cookies and similar technologies on the Site.

This Privacy Policy exclusively refers to the Site, and does not concern any third party websites referred to within the pages of the Site.

If the user / customer is under the age of 14, or another age indicated by the legislation of the country of residence, pursuant to art. 8, c.1 Reg. EU / 2016/679, and Art. 2 – Quinquies of Legislative Decree 196/2003, as amended by Legislative Decree 101/18, it must legitimize the consent to the processing of your data through the authorization of their parents or guardian.

1) WHAT DATA WE PROCESS

As concerns the purposes of the processing indicated in point 2 below, Sirtef srl processes various types of personal data, including:

• if you register on the Site (“My Account”), this includes your identification information businnes name, your email address, password (necessary data); name, surname, VAT number (optional data);
• your identification and contact information (name, email, location) are also used by Sirtef srl to manage any requests you may have for information relating to Sirtef srl products.

When you navigate through the Site, we also collect data relating to your navigation, in particular to verify the proper functioning of the Site, to provide you with the best navigation, and to increase the quality of our services. For more information about the technologies used (cookies and similar tools) please refer to our ‎‎Cookie Policy.

2) WHY WE PROCESS YOUR DATA AND ON WHAT LEGAL BASIS

2.1 PURPOSES RELATED TO THE SALE OF PRODUCTS

Sirtef srl as an independent controller, processes your personal data for the sale of Sirtef srl products and the activities connected thereto. In particular, to:

• enter into and perform a contract for the purchase of one or more products. This processing is necessary to perform a contract in which you are party (purchase and sale agreement).
• customer care. Processing is necessary to perform a contract in which you are party (provision of customer care). Consent is optional, but otherwise you will not be able to receive the customer support you requested;
• the fulfilment of the legal obligations relating to the sales activity. This processing is necessary to fulfil a legal obligation to which it is subject. It is thus mandatory that you provide your personal data;
• register on the Site (“My Account”), or use the services that are reserved for registered users. It is mandatory that you provide your personal data; otherwise you will be unable to register on the Site and use the registered user services;
• prevention and suppression of fraud and abusive behaviours (including by third parties) that conflict with the current standards, the applicable contractual provisions, and the rules of correctness and good faith; the communication of data is mandatory.

2.2 MARKETING PURPOSES

Sirtef srl uses third party marketing cookies (Youtube) which are used to track visitors on websites. The purpose is to present advertisements that are relevant and engaging for individual users and therefore of greater value for third-party publishers and advertisers. The use of these cookies requires the express and informed consent of the user.

With third party cookies we do not have control of the information provided by the cookie and we do not have access to this data. This information is entirely controlled by third party cookies as described in the respective policy.

2.3 OTHER PURPOSES

Your personal data is processed by each controller, within their own area of authority, and also for:

• managing requests to exercise personal data protection rights (further information under paragraph 5). This processing is necessary to fulfil a legal obligation to which the data controller is subject;
• legitimate interest;
• other personal data protection requirements. Under certain circumstances, the personal data protection legislation requires the data controller to use your contact details to provide you with specific information about the processing of your data such as, for example, to inform you of any security violations concerning your information and the measures adopted to address them (so-called data breach), as well as to inform you of any significant updates to this privacy policy. This processing is therefore necessary to perform a legal obligation to which the data controller is subject.

The legal basis for the processing of personal data for the purposes referred to in the forementioned paragraphs is art. 6.1 lett. a) b) and c) f) of the GDPR.

3) WHO WILL PROCESS YOUR DATA

Duly informed personnel (employees and associates) of Sirtef srl, as well as third parties (providers and/or business partners) who were appropriately selected by the controllers and offer a suitable guarantee of compliance with personal data processing rules, may have access to your personal data.

These third parties, based on an appropriate designation by the controller may conduct their activities as “data processors” (thus under the direct responsibility of the data controller who designated them: for example, Internet providers, companies specialising in IT and electronic services, customer care service companies, companies that perform marketing activities, companies specialising in market research and data processing, physical stores) or as “independent data controllers (for example, couriers and shippers, bank operators, independent professionals, or consulting, legal or tax assistance firms).
Your personal data may also be disclosed to third parties, including in the following cases:

(i) when disclosure is required by the applicable laws and regulations for legitimate third party recipients of communications, such as public entities and authorities that process your data as independent controllers for the respective institutional purposes;
(ii) in case of extraordinary operations (for example mergers, acquisitions, disposal of business, etc.).

You may request an updated list of the parties to whom we disclose your data by contacting us using the contact details indicated at point 8).

Your data may be transferred abroad in accordance with the provisions of the applicable law, even in countries outside the European Union where the company pursues its interests (only for the delivery of products), adopting security measures and the necessary precautions in order to guarantee an adequate level of data security.

4) HOW LONG WE RETAIN YOUR DATA

We retain your personal data for a limited period of time, which is strictly related to the purpose for which it was collected, and in conformity with the applicable legal or regulatory obligations. At the end of the established retention period, your personal data will be deleted, or in any case irreversibly anonymised, unless Sirtef srl is required to retain the data for an additional period of time to comply with legal or regulatory obligations, or to exercise or defend a right in a judicial proceeding.
The retention period differs according to the purpose of the processing, in particular:

• for the sale of products and the relative activities connected thereto, your personal data will be retained for the entire duration of the contractual relationship and for 10 (ten) years after the termination thereof;
• to respond to user e-mails sent via the contact forms on the site, collected personal data will be kept for no longer than the time necessary to meet the user’s requests;
• for marketing activities, your data is retained by Sirtef srl until deletion is requested, consent revoked, or processing opposed; Sirtef srl furthermore wishes to protect your data and ensure that you wish to continue to receive its communications.
• to comply with legal obligations relating to personal data processing matters, your personal data will be processed by each controller, as concerns their specific area of authority, for the period needed to manage your request to exercise the rights recognised under the GDPR or to meet the legal obligation to which the data controller is subject. The data necessary to demonstrate compliance with the legal obligations to which the controller is subject shall be retained for 10 (ten) years;
• in case of a legal or administrative dispute, your data shall be retained for the time needed for Sirtef srl to seek legal protection of a right, or within the limits imposed by the legal or administrative authority.

For more information about the retention of your personal data, contact us using the contact details indicated at point 8).

5) WHAT ARE YOUR RIGHTS

You may contact each data controller or the respective Data Protection Officers at any time, using the contact details specified below (point 8), to exercise your rights pursuant to the GDPR, and particular:

• to obtain confirmation of whether or not your personal data is being processed and, if it is, to obtain access to or a copy of such personal data (”right of access”);
• correction of your personal data, i.e. to obtain the correction, modification, or updating of any data that is inaccurate or no longer correct, as well as to supplement incomplete personal data, including by providing a supplementary declaration (“right of rectification”);
• to revoke your consent (“right to revoke consent”): you may revoke the consent you have given to process your personal data at any time, including in relation to any activity whatsoever with a marketing purpose, including profiling. To that end, we remind you that marketing activities are considered to be the sending of commercial and advertising communications, the completion of market research and surveys to determine level of satisfaction, and the personalisation of commercial offers based on your interests. Once your request has been received, the controller will be responsible for stopping the processing of your personal data that was based on such consent, while different instances of processing, or processing based on other requirements, will continue to be performed in full compliance with the current provisions;
• to request the deletion of your personal data when such data, in particular, (i) is no longer necessary for the purposes for which it was collected or processed, or (ii) was unlawfully processed, or (iii) must be deleted to perform a legal obligation, or, lastly, (iv) you have opposed such processing (see below “right to object”) and there is no prevailing legitimate reason that would allow the controller to nevertheless proceed with the processing (“right to erasure” or “right to be forgotten”);
• to obtain a limitation on the processing of your personal data, i.e. that the controller retains such data, but without being able to use it, except for any requests or exceptions prescribed by law. This right may only be exercised when, in particular (i) you object to the accuracy of the personal data, for the period needed for the controller to verify the accuracy of such personal data, or (ii) the processing of data is unlawful and you ask to limit its use, instead of deleting it, or (iii) even though the controller no longer needs it for processing purposes, you require the personal data to assess, exercise, or defend a right in a legal proceeding, or (iv) you have opposed its processing (see below “right to object”), while awaiting a verification as to any legitimate grounds of the controller that prevail over those of the data subject (right to restriction);
• to request your data or transfer it to a party other than the controller (“right to data portability”). You may ask to receive the data we process based on your consent or based on a contract entered with you, in a form that is structured, commonly used, and readable on an automatic device. If you wish, where technically possible, we may, upon your request, transfer your data directly to a third party you indicate;
• submit a claim to one of the competent supervisory authorities on compliance with the personal data protection standards, if you believe that your data was unlawfully processed (“right to submit a claim”). In Italy, a claim may be filed with the Personal Data Protection Authority (http://www.garanteprivacy.it/).

Furthermore, as a data subject, you also have the “right to object”, i.e.:

• object at any time, for reasons related to your specific situation, to the processing of your personal data for the purpose of a legitimate interest of the controller or for marketing purposes, including profiling. The controller shall refrain from further processing your personal data, unless it demonstrates that there are compelling, legitimate reasons to proceed with the processing that prevail over the interests, rights, and freedoms of the data subject, or to assess, exercise, or defend a right in judicial proceedings.

To ensure full respect of the rights described above, and that our users’ data is not unlawfully accessed or violated by third parties, prior to accepting a request from you to exercise one of the rights indicated, we may ask you for certain information to confirm your identity or clarify the request made.

For more information, read attachment A below.

6) CHANGES TO PRIVACY POLICY

The features, functionalities, and services offered by the Site may undergo changes in the future. Consequently, this Privacy Policy may be changed and supplemented over time. Therefore, we ask that you please periodically check the contents thereof. We will arrange to inform you in a timely manner of any significant changes that are made to this Privacy Policy.

7) DATA SECURITY

Sirtef srl adopts specific technical and organisational security measures to safeguard the confidentiality of Site users’ personal data, which are aimed at preventing the unlawful or fraudulent use of their personal data.
We remind you to take suitable precautions when using the Site, such as, for example, keeping your access credentials strictly private, and changing them periodically.

8) THE DATA CONTROLLER

The data controller, for these purposes is Sirtef srl, with registered office in Calvignasco (MI), Via Dei Lavoratori 1, Vax number 05942780965, Milano Companies’ Register No1860385, email: privacy@sirtef.it.
For any clarification, question, or requirement related to your privacy, or to exercise your rights recognised under the GDPR (see point 5) you may contact us by email privacy@sirtef.it.

9. APPLICABLE LAW

This Privacy Policy is governed by EU Regulation 679/2016 which guarantees that the processing of personal data is carried out in compliance with fundamental rights and freedoms, as well as the dignity of the interested party, with particular reference to confidentiality, personal identity and the right to the protection of personal data.

Last Update: 25/10/2022

ATTACHED A)

Article 15

Right of access by the data subject

1. 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:

(a) the purposes of the processing; (b) the categories of personal data concerned; (c) 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; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) 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; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) 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.

2. 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.

3. 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.

4.The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

Section 3

Rectification and erasure

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’)

1. 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:

(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) 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;
(c) 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);
(d) the personal data have been unlawfully processed;
(e) 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;
(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

2. Where the controller has made the personal data public and is obliged pursuant to paragraph1 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.

3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

a) for exercising the right of freedom of expression and information;
(b) 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;
(c) 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);
(d) 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 paragraph1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(e) for the establishment, exercise or defence of legal claims.

Article 18

Right to restriction of processing

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

(a) 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;
(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) 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;
(d) 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.

2. 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.

3. 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

1. 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:

(a) 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
(b) the processing is carried out by automated means.

2. 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.

3. The exercise of the right referred to in paragraph1 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.

4. The right referred to in paragraph1 shall not adversely affect the rights and freedoms of others.

Section 4

Right to object and automated individual decision-making

Article 21

Right to object

1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

2.Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

3.Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

4.At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.

5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Article 22

Automated individual decision-making, including profiling

1.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.

2. Paragraph 1 shall not apply if the decision:

(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
(b) 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
(c) is based on the data subject’s explicit consent.

3. 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.

4. 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.

Section 5

Restrictions

Article 23

Restrictions

1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:

(a) national security;
(b) defence;
(c) public security;
(d) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
(e) other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters, public health and social security;
(f) the protection of judicial independence and judicial proceedings;
(g) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
(h) a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g);
(i) the protection of the data subject or the rights and freedoms of others;
(j) the enforcement of civil law claims.

2.In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:

(a) the purposes of the processing or categories of processing;
(b) the categories of personal data;
(c) the scope of the restrictions introduced;
(d) the safeguards to prevent abuse or unlawful access or transfer;
(e) the specification of the controller or categories of controllers;
(f) the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
(g) the risks to the rights and freedoms of data subjects; and
(h) the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

CHAPTER IV

Controller and processor

Article 34

Communication of a personal data breach to the data subject

1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.

2. The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).

3.The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:

(a) the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
(b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;
(c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.

4. If the controller has not yet communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.