Privacy policy - Alexys Agency

PRIVACY POLICY AND NOTE ON THE PROCESSING OF PERSONAL

DATA CONTROLLER FOR PERSONAL DATA

The Data Controller for personal data is ALEXYS AGENCY S.R.L. (P.IVA 04897090280 – PEC alexysagencysrl@legalmail.it – e-mail info@alexysagency.com), with head office in Padova (PD), Via Giacinto Andrea Longhin n. 11, 35129 and business location in Padova (PD), Piazza Europa n. 37, 35027 Noventa Padovana (PD).

PERSONAL DATA AND PROCESSING PURPOSE
1. In accordance with EU Reg. 2016/679, D.Lgs. 196/2003 regulation (modified by D.Lgs. 101/2018 regulation), with legal provisions and instructions of the data protection Authority and, in general, with privacy law, by using it, this website may collect browsing and site use data (besides any other possible information from cookie and similar tools). Moreover, in regard to contacts and newsletter/marketing subscription, it may collect identification and contact data (name/surname), address (email), and data observed in the use of the site and consumer habits and preferences. In case of purchase of any of our items, it may collect financial data or any other payment data, tax code, address and phone number.
2. The purpose of data used in the proper contact form (identification data and email) is to inform the Data Controller about email inquiries, besides to allow the exercise of privacy rights of the interested person. When spontaneously contacted by the user, the Data Controller will be able to collect and process the above-mentioned data for the aforementioned purpose.
3. If the interested user expresses his/her consent through the specific functionality of the site, the collection of common personal data (identification data and email) could be aimed at sending of commercial notification, such as advertising material, informative material with commercial purpose, direct sales, market research and commercial communication also for newsletter purposes.
4. This website also makes use of so-called “cookies” (or similar tools) aimed at data collection, retention and processing, in order to offer the specific services of this website, as well as for statistical surveys and personalized marketing activities. The type of cookies, their related characteristics and functions (including whether they are first- or third-party cookies), expiry date and functional links to their qualification/deactivation are better specified in the following Cookie Policy.

PROCEDURE AND LAWFUL BASIS
1. The data processing could be done with or without the help of electronic or automatized devices, always in accordance with legal provisions and instructions of the data protection Authority, and particularly in accordance to art. 32 of EU Reg. 2016/679 regulation, which imposes the introduction of technical/organisational measures appropriate to the risk.
2. In regard to data transmitted to the Data Controller through the contact form, the lawful basis is the performance of a contract to which the data subject is party (if any) or of pre-contractual measures at the request of the data subject (art. 6 EU Reg. 2016/679 lett. B). In the remote case the contact of the interested user does not fall under the above-mentioned conditions, the lawful basis of data processing will depend on the legitimate interest of the Data Controller (art. 6 EU Reg. 2016/679 lett. F).
3. In regard to marketing and commercial promotion purposes, the lawful basis is the specific consent of the interested user, expressed through the specific functionality of the website (art. 6 EU Reg. 2016/679 lett. A).
4. In regard to collected and proceeded personal data only in the case of purchase of products offered on this website, the lawful basis is the performance of a contract with the interested user (art. 6 EU Reg. 2016/679 lett. B). In regard to the legal requirements (for example the fiscal nature ones) the lawful basis is the fulfilment of these legal requirements (art. 6 EU Reg. 2016/679 lett. C), while for the defence of the rights of the Data Controller or of third parties in judicial or equivalent proceedings, the lawful basis is the the legitimate interest of the Data Controller, the relevant public interest and the corresponding right of defence (art. 6 EU Reg. 2016/679 lett. E e art. 9 EU Reg. 2016/679 lett. F e G).
5. In regard to cookies the lawful basis is the legitimate interest of the Data Controller, who has taken care to diligently apply the provisions of articles 13 EU Reg. 2016/679 and 122 D.Lgs. 196/2003 (as specified in the Provvedimento dell’Autorità Garante 8th of May 2014).

PROVISION OF DATA
1. The provision of common personal data, in regard to the personal data collected through the form, is not mandatory (neither contractually nor legally), however it is necessary to answer to the information inquiries. The possible rejection of the interested person to provide the personal data, or the wrong communication of these, implies the impossibility of doing the above-mentioned activities.
2. In regard to the collected and processed personal data with the purpose of commercial promotion via newsletter, the provision of data is not mandatory (neither contractually nor legally), however, it is necessary for the fulfilment of those purpose. It will be always possible for the interested person to withdraw the consent previously given at any time, with the consequence that the processing of data conferred will be stopped immediately.
3. In regard to collected and processed personal data only in the case of purchase of products offered on this website, the provision of data is contractually mandatory and necessary for the conclusion of the contract. The possible rejection of the interested person to provide the personal data, or the wrong communication of these, implies the impossibility of doing the above-mentioned activities.
4. In regard to personal data collected through cookies, the provision of data is optional. In regard to technical or similar cookies (especially if they are functional to the correct use of the website) since they act automatically, it will be possible to act on any personal data collected in the manner indicated in the relevant Cookie Policy. In any case, if you do not wish to provide your personal data in the future, even temporarily, you will have to adjust your browser settings or refrain from visiting the page.

END OF THE PROCESSING OF PERSONAL DATA
1. In case of mere pre-contractual measures or measures not related to a contract already concluded to which the interested user was a party or in the performance of which he/she was even indirectly involved, if cancellation/opposition is not legitimately requested, the data will be retained only for the period necessary to provide the service requested and, in any case, to the extent and for a period not exceeding that necessary to guarantee the Data Controller the possible defence of his/her rights. It will always be possible for the interested person to ask the Data Controller the immediately interruption of the processing of personal data (except the possible legitimate interest of the Data Controller in the retention for the defence of his/her rights) at any time. In the event that the processing takes place in the performance of a contract to which the interested user is party or participant, if there is no legitimate request for cancellation/opposition, the data will be retained for a period of 10 years from the moment of conclusion for whatever reason of the mutual contractual relationship. In the event that, after the conclusion of the relationship, further processing of data becomes necessary for similar or related purposes, the data will be retained until the purposes for which the new processing are achieved /ended and for further 10 years.
2. In regard to marketing purposes, in case that cancellation of data, opposition to the processing of data and end of the service is not requested, the data will be retained, for the above-mentioned purposes, for a period equal to the duration of the corresponding service.
3. The collection of personal data by means of cookies or similar tools, except in the cases of intervention on their collection/retention under the terms indicated in the Cookie Policy, will have a duration equal to the expiry date indicated and their overall processing will not exceed the period necessary to fulfil the specific function of each cookie or similar tool (any personalised marketing activity will not, I any case, last longer than 12 months)

COMMUNICATION AND SHARING
1. For the above-mentioned purposes, personal data may be communicated to consultants and freelance professionals, also in associated form and specifically appointed (for example, business consultant, law office, ecc.), public and private entities for which communication is mandatory or necessary to comply with legal obligations or functional for the performance of the contract, if any, or even potential (e.g., email providers and newsletter transmission service providers).
2. In regard to personal data collected by means of cookies or similar tools, they may be communicated to consultants and freelance professionals, also in associated form and specifically appointed public and private entities for which communication is mandatory or necessary to comply with legal obligations. The possible third-party owner of cookies and entities which cooperate in the organization and management of this website may get to know these aforementioned data. So collected personal data are not meant to be diffused.

INTERNATIONAL TRANSFERS

The Data Controller uses telecommunication network services functional to email deliveries and automatic delivery of newsletters. In regard to this matter, it will be possible for data to be transmitted outside the European Economic Area, in particular to United States of America where, in case expressly provided for by law, public authorities may access such data. The processing of the data is based on standard contract clause, in accordance with art. 46 EU Reg. 2016/679 and/or on the adequacy decision in accordance with art. 45 par. 3 EU Reg. 2016/679 related to EU-U.S. Data Privacy Framework.

INTERESTED PERSON’S RIGHTS

The EU Reg. 2016/679 regulation confers specific rights on the interested person, including the right of access his/her personal data and to have them made available in an intelligible form; the interested person has also right to revision, rectification (if wrong), integration (if incomplete) or right of erasure of data (in case of illegal processing of data), right to data portability (is the right to receive or have data transmitted to another data controller in a structured, commonly used and machine-readable format), right to withdraw the consent (based on legal basis for processing), right to transform into anonymous form or blocking/limitation of the data processed in breach of the law; the interested owner has the right to object, on legitimate grounds, to the processing of data. In regard to the processing of the data provided, should the interested person identify any violations of privacy legislation, he/she shall have the right to lodge a complaint before the personal data protection authority. The interested person may also exercise his/her rights by making a request to the Data Cotroller (including by requesting to receive the full list of appointed Data Processors).