PERSONAL DATA PROCESSING NOTICE
pursuant to Article 13 of Regulation (EU) 2016/679
Dear Customer,
Optima Naturals S.r.l., aware of the importance of protecting people's fundamental rights and freedoms also with regard to personal data, is committed to being transparent about the way it uses and the people with whom it shares it.
Given that data relating to legal persons do not fall within the definition of personal data, we invite our customers to view the information below, also in this case, because the execution of the contract may entail the processing of data relating to natural persons of reference.
DATA CONTROLLER (hereinafter referred to as 'DATA CONTROLLER')
Optima Naturals S.r.l.
Via Sempione, 124 21029 Vergiate (VA)
E-mail: info@optimanaturals.net - Tel. 0331.799193
P. VAT 03153770112
PURPOSE AND LEGAL BASIS OF PROCESSING
Personal data are collected for:
(a) the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject's request (Art. 6 c. 1 lett. b Eu Reg. 679/2016).
In relation to this purpose, the data may also be used to:
(b) fulfil a legal obligation to which the Controller is subject (Art. 6 c. 1 lett. c Reg. Eu 679/2016), in particular for the fulfilment of legal obligations of a fiscal nature arising from the contract signed.
c) pursuit of the legitimate interest of the Data Controller (Art. 6 c. 1 lett. f Reg. Eu 679/2016), in particular for the purposes of: direct marketing, possible recovery of credit, possible ascertainment, exercise and defence of a right of the Data Controller or of third parties in judicial or extrajudicial proceedings, possible insurance protection.
CATEGORIES OF RECIPIENTS OF PERSONAL DATA
In a manner appropriate, relevant and limited to what is necessary for the purposes pursued above, the data may be processed by the following categories of recipients
- accountants, for tax and accounting assistance
- law firms, for debt collection activities and possible assistance in and out of court
- IT service providers such as: cloud services, web hosting, electronic invoicing and substitute storage, electronic mail, technical hardware and software assistance and maintenance services, which may access, even indirectly, the data contained in the Data Controller's IT system
- supporting bank, for the management of payments;
- transporters and logistics, in case of shipment of goods
- insurance companies, in case of claims involving the data subject;
- Public bodies, for legal obligations of the Controller.
The Data Controller, where applicable, has bound the processing of the data by the above-mentioned recipients through a contract or other legal act governing the processing of the data in accordance with Article 28 of EU Regulation 679/2016.
Optima Naturals S.r.l. undertakes to qualify the designated recipients also with a view to the guarantees provided to protect data confidentiality and regulatory compliance. The interested party may ask the Data Controller for the names of these recipients at any time.
In view of the fundamental principles enshrined in the legislation in force, the Data Controller has defined the persons authorised to process personal data under its direct authority. These persons shall act on the basis of specific instructions given regarding the purposes and methods of such processing.
DATA RETENTION PERIOD
Personal data shall be kept for the time necessary for the needs connected with the contract, as well as for the fulfilment of legal obligations of a fiscal nature and for purposes connected with the possible ascertainment, exercise and defence of the right of the Controller or of third parties and, therefore, until the expiry of any term of forfeiture and prescription of the law.
Personal data, therefore, will be kept for a maximum of 10 years from the end of the contract, except in the event of an extension of time due to judicial and extrajudicial and other procedures to settle disputes between the Data Controller and the Data Subject.
FUNDAMENTAL RIGHTS OF THE DATA SUBJECT AND HOW TO EXERCISE THEM
The data subject, pursuant to EU Regulation 679/2016, may exercise the following rights:
(a) Right of access: the data subject shall have the right to obtain from the Data Controller confirmation as to whether or not personal data concerning him or her is being processed and, if so, to obtain access to the personal data and information referred to in Article 15, in articular: the purposes of the processing, categories of personal data, categories of recipients, to whom the data has been or will be communicated, the data retention period or the criteria used to determine this period, the origin of the data, the existence of an automated process, including profiling;
b) Right of rectification: the data subject shall have the right, pursuant to Section 16, to obtain from the Controller the rectification and/or integration of inaccurate personal data concerning him/her, without undue delay;
c) Right to erasure: the data subject has the right to obtain from the Controller the erasure of personal data concerning him/her without undue delay for the reasons set out in Section 17;
d) Right of restriction of processing: the data subject has the right to obtain from the Controller the restriction of processing in the cases referred to in Section 18;
e) Right to data portability: the data subject has the right, pursuant to Section 20, to receive personal data concerning him/her in a structured, commonly used and machine-readable format.
The data subject may also exercise the Right to object. Pursuant to Art. 21, the data subject has the right to object to the processing of data concerning him/her for the purposes of Art. 6(e) or (f) (legitimate interest).
The data subject may exercise these rights at any time by sending a request to the Data Controller, at the following e-mail address: info@optimanaturals.net, who will inform the data subject of receipt and will comply with the request without undue delay and, in any case, within one month of receipt of the request.
Pursuant to Article 19, any request for rectification or cancellation or restriction of processing shall be transmitted by the Controller to each of the recipients to whom the personal data have been transmitted, unless this proves impossible or involves a disproportionate effort.
THE RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY
The data subject also has the right to lodge a complaint with the competent supervisory authority (Data Protection Authority (https://www.garanteprivacy.it).
NECESSITY AND CONSEQUENCES OF A REFUSAL TO COMMUNICATE PERSONAL DATA
The communication of personal data is optional but indispensable for the execution of the supply and/or customer service contract. Failure to communicate the data, for the purposes indicated, will prevent the Controller from fulfilling the contract itself.
For all definitions, please refer to the mandatory regulations with particular reference to European Regulation 679/2016 and Legislative Decree 196/2003 and subsequent amendments and additions.
Optima Naturals S.r.l.