Privacy Policy
Read Spanesi's Privacy Policy

As the Data Controller, Spanesi SpA, with registered office at Via Praarie, 56/II, San Giorgio delle Pertiche (PD) Italy, and VAT Reg.

No. 01298040286 (hereinafter referred to as “Spanesi” or “Data Controller”), is informing you that, pursuant to Article 13 of Italian Legislative Decree 196 of 2003, as amended (“Privacy Act”) and EU Regulation 679/2016 applicable since 25th May 2018 - General Data Protection Regulation (“GDPR”), (hereinafter the Privacy Act and GDPR are both indicated as “Applicable Law”), your data will be processed with the following methods for the following purposes:

 

 

Personal data processed

The term “Personal Data” means any information regarding an identified or identifiable natural person.

Personal data provided directly by the data subject

Spanesi processes Personal Data for selling goods and rendering services.

During commercial negotiations, it can happen that the personal data of third parties you send to Spanesi are processed. 

In such cases, you are considered an independent data controller and assume all legal obligations and responsibilities. In this connection you hold Spanesi harmless by any dispute, expectation, claim for damages due to processing, etc. sent to Spanesi by third parties. At any rate, if you provide or process the personal data of third parties for supply of a service or sale of goods requested by you, as of now you assure us - and assume all responsibilities - that such particular case of processing is based on a legal basis in the sense of Art. 6 of the Regulation on the lawfulness of processing of the information in question.

 

In general, processing does not regard data defined as special data or related to criminal convictions or felonies in the sense of Art. 9 and 10 of the GDPR, except when such matters are revealed during investigation, exercise or defence of a right in court proceedings, or when it is possible to understand an individual’s state of health from images or videos.

 

 

Purpose of data processing and legal basis

Your personal data, normally information you provided directly, or information disclosed by independent Data Controllers, such as area agents and finders, and obtained occasionally from sources accessible to the public, such as the Chamber of Commerce, etc. are processed by Spanesi SpA for the following purposes:

a)     Establishment, management and extinction of a contractual and commercial relationship you are a party to or in order to take steps at your request prior to entering into a contract: fulfilments for permitting supply of signed contractual performances and performances prior to entering into the contract in relation to any additional services requested by you: for example, contractual and legal requirements and for checking on solvency. We may contact you to find out if our work satisfies your expectations; to find out your requirements related to different ways of supplying goods or services; to make you aware of opportunities or methods of use offered by purchases made.

For these purposes, providing your Personal Data is obligatory, therefore, we do not need to ask for your consent. Providing only some data or no data at all will make it partially or completely impossible for us to achieve the above purposes. 

For these purposes, the legal basis is Art. 6, paragraph 1, letter b) GDPR: performance of a contract the data subject is a party to;

 

b)     Purposes connected to compliance with legal obligations to which the Data Controller is subject: for example, compliance with administrative, accounting and tax obligations.

For these purposes, providing your data is obligatory, therefore, we do not need to ask for your consent. Refusing to supply our data will make it impossible for the Data Controller to establish commercial relations with you. 

For these purposes, the legal basis is Art. 6, paragraph 1 letter c) GDPR: compliance with a legal obligation to which the Data Controller is subject; 

 

c)     Purposes necessary for ascertaining, exercising or defending a right in court proceedings or any time courts exercise their jurisdictional functions. For these purposes, the Data Controller may process your personal data without your consent, because this type of processing is lawful in accordance with the Applicable Law as, once your Personal Data have been provided, processing is necessary for fulfilment of a legal obligation to which the Data Controller is subject pursuant to Art. 6, paragraph 1, letter c); in case sensitive data are revealed, the legal basis is Art. 9, paragraph 2, letter f) GDPR; in case information concerning criminal convictions and felonies is revealed, the legal basis is Art. 10 GDPR.

 

d)     Purposes of conducting direct marketing by email for analogous products and services to those purchased before, unless you object, pursuant to Art. 21 paragraph 2 of the GDPR by writing to privacy@spanesi.it, or afterwards, when the relevant marketing messages are received by email, by clicking on the “unsubscribe” link.

For these purposes, providing your data is optional and refusing to provide them does not compromise management of the commercial relationship in any way. 

For these purposes, the legal basis is lawful interest according to Art. 6, letter f) of the GDPR. As specified by No. 47 of the GDPR, in the context of a consolidated commercial relationship it is justified that a customer can reasonably expect some promotions from his supplier. In addition, according to Art. 130, paragraph 4 of the Privacy Act, it is unnecessary for the data subject to give his consent for this purpose;

 

e)     Purposes connected with direct marketing activities for processing of studies, researches, marketing statistics, for sending you advertising, promotional, commercial information or customer satisfaction surveys for improving the goods and services offered by Spanesi by traditional means such as by post, phone, email, fax, and by sending text messages, instant messages and/or through the official pages of Spanesi on social networks and apps.

Providing your personal details for these purposes is optional and according to Art. 6, paragraph 1, letter a) your consent is necessary for processing. Refusing to give your details does not compromise management of the commercial relationship in any way.

We are therefore asking you to say on the attached form whether or not you give your consent for processing of these data. You may withdraw the consent given at any time; however, processing carried out based on consent given prior to withdrawal of consent is considered lawful.

 

f)      Purposes connected to recording and processing of your image: audio recordings, images taken in film footage and/or photographs, logos, interviews at events organised by Spanesi, you take part in. These images will be processed for informative and promotional actions of Spanesi.

Providing your personal details for these purposes is optional and according to Art. 6, paragraph 1, letter a) or of Art. 9, paragraph 2, letter a) your consent is necessary for processing. Refusing to give your details does not compromise management of the commercial relationship in any way.

We are therefore asking you to say on the attached form whether or not you give your consent for processing of these data. You may withdraw the consent given at any time; however, processing carried out based on consent given prior to withdrawal of consent is considered lawful.

 

Data processing methods

Processing of your personal data takes place by using computerised, screen-based and manual instruments with logics strictly related to the purposes and in a manner that safeguards security.

 

Categories of persons your data may be disclosed to

Your Data may be disclosed to third parties, such as public entities and courts exercising their functions when required by the Applicable Law. For fulfilment of obligations derived from laws, regulations and EU legislation.

While performing some tasks involving processing of your personal data, the Data Controller discloses your data on the company’s behalf to trustworthy external companies, professionals and entities for looking after the following for example: compliance with administrative, accounting and tax obligations, document management, audit of the accounts and financial statements; supply, management and security of the IT department, the Internet and cloud computing, and to subjects delegated to carry out technical maintenance services, including hardware maintenance, update, upgrade and assistance of software, network equipment and electronic communications networks; organisational and production advice; survey on the quality of goods and services offered, market research, contests and prize-giving operations; commercial partners, suppliers of marketing, information, promotional and commercial services; extra-judicial dispute resolution services, third parties belonging to our sales, distribution and logistics network, agents, business finders, etc. 

The subjects your data can be disclosed to, who have not been designated as “Delegates” or “Data Processing Officers” use your data as “Data Controllers” and process them independently, correlated to the processing carried out by our company, such as the bank that makes payments.

A list of the Data Processing Officers is available upon request by sending an email to privacy@spanesi.it.

Your personal data will not be disseminated or sold to third parties for use for their own ends; it is however understood that in case of extraordinary corporate operations, such as sale or rental of the company, merger, etc., your data could be sold or conferred to thirdparty buyers/tenants or assignees, as such processing is based on the lawful interest of the Data Controller to ensure correct management.

In addition, your Data will be processed by resources working in the offices of Spanesi, who will be given sufficient instructions and authorised to perform data processing.

 

Transfers

Your personal information will be managed and stored on servers located in the European Union. 

It is understood that if necessary, the Data Controller has the right to move the location of the servers to Italy and/or to European Union

Member States and/or to non-EU countries. In such case, the Data Controller guarantees as of now that transfer of your Data to a nonEU country will take place in compliance with applicable provisions of law, and, if need be, will stipulate agreements guaranteeing an adequate level of safeguards and/or insert the standard contract clauses provided by the European Commission.

 

Data retention

After receipt or update, your personal data will be kept until the purposes described above are achieved. Specifically:

-       For the purposes stated in points a) and b): Notary deeds: no fixed time limit; accounting entries, ledgers, invoices, accounting records, business correspondence for 10 years in accordance with Articles 2220 and 2312 of the Italian Civil Code and Art. 2946 of the Italian Civil Code on ordinary prescription; tax returns and tax records for the terms provided by Art. 43 of Presidential Decree 600/73, as amended;

-       for the purposes stated in point c): for the time the Data Controller is permitted by Italian law to safeguard his interest (Art. 2947, paragraphs 1 and 3 of the Italian Civil Code);

-       for the purposes stated in point d): until withdrawal of consent;

-       for the purposes stated in point e): in compliance with the terms prescribed by law for the type of task (24 months for marketing) up until withdrawal of consent or up until exercise of the right to object Art. 21 GDPR;

-       For the purposes stated in point f): up until withdrawal of consent or up until exercise of the right to object Art. 21 GDPR;

Aside from these cases, your personal data will be kept for fulfilment of legal and regulatory obligations the Data Controller must fulfil or as evidence related to exercise of the right of defence.

Rights of the Data Subject

Within the limits of the Applicable Law, you have the right to ask our Company at any time for access to your Personal Data, and to obtain their rectification or erasure, to object to their processing, to ask for restriction of processing and to obtain them in a commonly used structured format, legible by an automatic device.

Requests should be sent to this e-mail address: privacy@spanesi.it

According to the Applicable Law, if you believe that your personal data have been processed against legislation in force, you have the right to lodge a complaint with the concerned supervisory authority (the Italian Data Protection Authority).

Modifications

This Notice has been in force since 25th May 2018. Spanesi reserves the right to modify or update its content, wholly or partially, due to changes made to the Applicable Law. You will be informed about such changes as soon as they are introduced, and they will be binding for the purposes for which consent is not required as soon as they are sent to the data subject.