INFORMATION AND PRIVACY CONSENT FORM FOR CUSTOMERS AND SUPPLIERS
PURSUANT TO THE GENERAL DATA PROTECTION REGULATION (EU) 2016/679
PREMISE
Pursuant to and for the effects of the RGPD – General Data Protection Regulation (EU) 2016/679, GAMI S.R.L. through this form intends to provide, as in fact it provides here, the information required by the Art. 13, in a concise, transparent, intelligible form and with simple and clear language, to the data subject, i.e. the natural person to whom the personal data refer: individual entrepreneur, merchant, craftsman, professional, consumer, etc., or whoever acts in the name and on behalf of legal persons as their administrator, director, attorney, executive, partner, statutory auditor, guarantor, etc., in its capacity as:
□ Customer, as part of the activities of GAMI S.R.L. and that is, in particular, the repair and maintenance of machines and machinery in general, including therein industrial ones, machine tools, equipment and appliances in general; the installation of machines, machinery, equipment and equipment in general, including industrial ones, as well as disassembly, final installation and testing of the same;
□ Supplier, as necessary for GAMI S.R.L. and its activities described above, in order to obtain your free, specific, informed and unequivocal consent, as respectively defined by the Art. 4 and foreseen by the Art. 7, to the lawful processing of personal data, necessary and aimed at the execution of a professional contract (with the Customer) or supply (with the Supplier) of to which the interested party is a party or to the execution of pre-contractual measures adopted at the request of the same.
The GDPR gives – among others – the following definitions:
- «personal data»: any information relating to an identified or identifiable natural person (data subject)
- «processing»: any operation or set of operations, performed with or without the aid of automated processes and applied to personal data or sets of personal data, such as the collection, registration, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, comparison or the interconnection, limitation, cancellation or destruction;
- “special categories of personal data”: those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as those relating to genetic or biometric data intended to uniquely identify a natural person, to data relating to a person’s health or sex life or sexual orientation.
INFORMATION
A) ) IDENTITY AND CONTACT DETAILS OF THE HOLDER OF THE TREATMENT AND HIS REPRESENTATIVE
The Data Controller is GAMI S.R.L. – Registered office 10040 Val della Torre (Turin), Via Guglielmo Marconi 27/A – Telephone +39 011 18972884 – Email amministrazione@gami-srl.it – Internet www.gami-srl.it – Fiscal Code, VAT number and Turin Company Register 12186590019 – Turin REA 1271269.
The Representative of the Data Controller has not been designated, as the conditions do not exist.
B) IDENTITY AND CONTACT DETAILS OF THE RESPONSIBLE FOR THE TREATMENT
The Data Processor has not been designated, as the conditions do not exist.
C) IDENTITY AND CONTACT DETAILS OF THE DATA PROTECTION OFFICER
The Data Protection Officer has not been designated, as the main activities of the Data Controller do not consist of processing which, by their nature, scope and/or purpose, require regular and systematic monitoring of data subjects on a large scale, as well as not consist in the processing, on a large scale, of particular categories of personal data or of data relating to criminal convictions and offences, therefore in compliance with as specified by the Guarantor for the protection of personal data in its “New FAQs on the Data Protection Officer in the private sector” in date 26 March 2018.
D) PURPOSE AND LEGAL BASIS OF THE PROCESSING FOR WHICH THE PERSONAL DATA ARE INTENDED
The personal data of the interested party in his capacity as Customer are processed exclusively within the scope of the activities of GAMI S.R.L. or for taking measurements pre-contractual procedures adopted at the request of the same, while the personal data of the interested party in his capacity as Supplier are processed exclusively for as necessary for the activities of GAMI S.R.L. or for the execution of pre-contractual measures adopted at the request of the same, namely, in both cases:
1) purposes connected to an obligation established by law, by a regulation or by Community legislation, as well as by provisions of the relevant authorities legitimized and of supervisory and control bodies;
2) purposes related and instrumental to the management of relations with customers and suppliers;
3) purposes functional to the activities of GAMI S.R.L., including:
– detection, directly or through third parties, of the degree of satisfaction of Customers and Suppliers on its activities;
– promotion and sale of GAMI S.R.L. activities, carried out by letter, automated systems, telephone, etc.;
– market surveys and statistical processing.
The personal data of Customers and Suppliers processed are those reported, respectively, in the contract for the assignment of professional duties or in the contract of supply or in another deed between GAMI S.R.L. (personal data such as name, place and date of birth, address of residence or domicile, code tax, etc.; contact data such as telephone, fax, email, etc.), and can be integrated with those connected to the related relationship.
If, in relations with Customers and Suppliers, concrete and objective situations arise for which personal data of the interested party must be processed belonging to the particular categories of personal data, the relative treatment takes place only where this is necessary or objectively useful or appropriate for the execution of the activities of GAMI S.R.L., as well as for the execution of consultancy or assistance services requested by the interested party or for the execution of pre-contractual measures adopted at the request of the same, provided that, in any case, the conditions for the lawfulness of the processing exist provided by the Art. 9 of the GDPR and, in particular, that the data subject has given his explicit consent to the processing of such personal data.
For all these purposes, the processing of personal data takes place with manual, computerized and telematic tools, such as to guarantee the confidentiality and security in environments with constantly controlled access.
Towards its Customers and Suppliers, GAMI S.R.L. can carry out initiatives of a promotional nature.
E) LEGITIMATE INTERESTS PURSUED BY THE HOLDER OF THE TREATMENT
The only legitimate interests pursued by the Data Controller related to the personal data processed by Customers and Suppliers are met exclusively in the lawful and objective need to be able to proceed with the execution of its activities, as well as with the execution of consultancy or assistance services requests by the interested party or to the execution of pre-contractual measures adopted at the request of the same.
F) POSSIBLE RECIPIENTS OR CATEGORIES OF RECIPIENTS OF THE PERSONAL DATA
The personal data of the interested party (Customer or Supplier), including – where this is necessary or objectively useful or appropriate for the best execution of the activities, as well as for the execution of consultancy or assistance services requested by the interested party or for the execution of measures pre-contractual adopted at the request of the same – data belonging to the particular categories of personal data, can be communicated to the following any recipients or any categories of recipients and their respective personnel:
– members and authorized personnel of GAMI S.R.L.;
– lawyers, correspondents, collaborators, consultants, professionals and external experts, including associates;
– other private subjects (associations of companies/entrepreneurs, banks, banking/financial services companies, debt collection companies, IT systems companies, data processing and transmission, archiving, insurance, management of operations assisted by public contributions, etc.);
– public subjects (Postel S.p.A., Judicial Offices, Chambers of Commerce, etc.);
– other private and public subjects to whom the communication of personal data of the interested party is necessary, useful or appropriate for the correct fulfillment of the purposes referred to in paragraph D) of this form.
The personal data of Customers and Suppliers processed by GAMI S.R.L. they are not disseminated
G) INTENT OF THE DATA CONTROLLER TO TRANSFER PERSONAL DATA TO A THIRD COUNTRY OR TO AN INTERNATIONAL ORGANIZATION
The Data Controller has no intention of transferring personal data to a third country or to an international organization.
H) PERIOD OF RETENTION OF PERSONAL DATA OR CRITERIA USED TO DETERMINE THIS PERIOD
The maximum retention period for personal data, both for customers and suppliers, is ten years from the last need for processing occurred, provided that specific regulatory provisions of a civil and/or criminal and/or fiscal nature or of the judicial authority do not allow and suggest or, respectively, do not provide or impose a different retention period.
I) RIGHTS OF THE INTERESTED PARTY
The interested party has the right:
– to ask the Data Controller for access to personal data and the rectification or cancellation of the same or the limitation of the treatment that it concern or to oppose their treatment, in addition to the right to data portability (Article 13, paragraph 2, letter b) of the RGPD);
– to revoke the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation (Article 13, paragraph 2, letter c) of the GDPR);
– to lodge a complaint with a supervisory authority: www.garanteprivacy.it (Article 13, paragraph 2, letter d) of the GDPR).
J) COMMUNICATION OF PERSONAL DATA: LEGAL/CONTRACTUAL OBLIGATION OR NECESSARY REQUIREMENT FOR THE CONCLUSION OF A CONTRACT; OBLIGATION O LESS OF THE INTERESTED PARTY TO PROVIDE PERSONAL DATA AND POSSIBLE CONSEQUENCES OF THE FAILURE TO COMMUNICATE SUCH DATA
In general terms, the communication of personal data may be necessary to fulfill an obligation established by law, by a regulation or by the Community legislation, or may represent a necessary requirement for the completion of a contract of which the interested party is a party, of measures pre-contractual or specific requests of the interested party.
Specifically, and for similar reasons, so that GAMI S.R.L. can proceed with the execution of its activities, as well as with the execution of services consultancy or assistance requested by the interested party or for the execution of pre-contractual measures adopted at the request of the same, the communication of data personal data, including – where this is necessary or objectively useful or appropriate – data belonging to the special categories of data personal, is mandatory; failure to communicate such data prevents the execution of GAMI S.R.L. activities, as well as the execution of services consultancy or assistance requested by the interested party or the execution of pre-contractual measures adopted at the request of the same.
On the other hand, the communication of personal data is optional for the treatment connected to the purposes functional to the activities of GAMI S.R.L., as per paragraph D), point 3), of this form; failure to communicate such data does not prevent the execution of the activities of GAMI S.R.L., nor the execution of consultancy or assistance services requested by the interested party or the execution of pre-contractual measures adopted at the request of the same.
K) EXISTENCE OF AN AUTOMATED DECISION-MAKING PROCESS
GAMI S.R.L. does not adopt any automated decision-making process, including “profiling”, i.e. any form of automated data processing personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse o predict aspects concerning professional performance, economic situation, health, personal preferences, interests, reliability,
behaviour, whereabouts or movements of that natural person.
CERTIFICATE OF RECEIPT OF THE PRIVACY INFORMATION AND CONSENT TO THE PROCESSING OF PERSONAL DATA
MANDATORY CONSENT – The interested party, i.e. the natural person to whom the personal data refer: individual entrepreneur, merchant, craftsman, professional, consumer, etc., or whoever acts in the name and on behalf of legal entities as their administrator, director, attorney, manager, shareholder, statutory auditor, guarantor, etc., in his capacity as □ Client; □ Supplier, declares to have received from GAMI S.R.L. this form containing the information prescribed by the Art. 13 of the RGPD (EU) 2016/679, in a concise, transparent, intelligible form and with simple and clear language; the interested party therefore expresses its free, specific, informed and unequivocal consent, as respectively defined by the Art. 4 and foreseen by the Art. 7 of RGPD (EU) 2016/679, to the lawful processing of personal data concerning him, including data belonging to particular categories of personal data;
the interested party also expresses his consent to the communication by GAMI S.R.L. of personal data concerning him, including data relating to him part of the particular categories of personal data, to any recipients or any categories of recipients and their respective personnel referred to in paragraph
F) of this form, and to the related treatment by them of the same data, including data belonging to the particular categories of personal data.
NAME AND SURNAME OF THE INTERESTED PARTY: _____________________________________________________
PLACE AND DATE OF SIGNATURE: ______________________________________________________
SIGNATURE OF THE INTERESTED PARTY: ________________________________________________________________
OPTIONAL CONSENT – The interested party, i.e. the natural person to whom the personal data refer: individual entrepreneur, merchant, craftsman, professional, consumer, etc., or whoever acts in the name and on behalf of legal entities as their administrator, director, attorney, manager, shareholder, statutory auditor, guarantor, etc., in his capacity as □ Client; □ Supplier, declares to have fully acknowledged that the consent is lawful processing of personal data concerning him is optional for purposes functional to the activities of GAMI S.R.L., as per paragraph D), point 3), of this form, and that the lack of consent to the lawful processing of such data connected to said functional purposes does not prevent the execution of GAMI’s activities S.R.L., nor the execution of consultancy or assistance services requested by the interested party or the execution of pre-contractual measures adopted upon request of the same; the interested party therefore expresses his free, specific, informed and unequivocal consent, pursuant to Art. 7 of the GDPR (EU) 2016/679, al lawful processing of personal data concerning him also for purposes functional to the activities of GAMI S.R.L., as per paragraph D), point 3), of this module.
PLACE AND DATE OF SIGNATURE: ________________________________________________________
SIGNATURE OF THE INTERESTED PARTY: _________________________________________________