INFORMATION* ABOUT PERSONAL DATA PROCESSING
pursuant to articles 13/14 EU Reg. 2016/679
1. Following the entry into force of EU Regulation 2016/679, pertaining to the protection of individuals with regard to processing of their personal data, the company ALASKA SRL, legally represented by its pro-tempore attorney, with headquarters in Cesena
(FC), Via Dismano no. 4583, (VAT code 01778330405; phone 0547/312014; e-mail email@example.com) as data controller is required to provide the following information concerning use of your personal details in our possession.
2. According to the said regulation, your personal data subject to possible processing include, by means of example: personal data, bank details, contractual data, contact addresses; data processing shall be based on principles of fairness, lawfulness, transparency and confidentiality protection.
3. Pursuant to articles 13 and 14 of EU Reg. 2016/679, therefore, be advised that:
Your personal data will be treated in pursuance of the company’s business activity, with a view to efficiently manage trade relations, according to all requirements of a contractual nature and legal obligations in this regard; more specifically your data will be processed:
in order to be entered in company databases on computer file and/or hard copy;
for the management of transport documents, invoices and credit notes;
for the management of routine accounting and VAT;
for the management of cost estimates and offers;
to manage collections and payments;
to meet any other contractual and/or legal obligation.
4. The legal grounds for data processing are the need to uphold contractual and/or pre-contractual obligations according to Article 6, paragraph 1 letter b, of EU Reg. 2016/679, as well as legal obligations pursuant to Article 6, paragraph 1 letter C.
5. This is also to inform you that data transfer is mandatory for the purpose of properly establishing and conducting the contractual relationship in general, as well as in order to comply with legal obligations, also of a fiscal nature.
Failure to transfer the data would make it impossible to establish and/or to pursue any contractual relationship.
6. All personal data which you decide to provide shall not be divulged, however they may be communicated to staff members and/or to persons from outside the company in their capacity as processors or independent data controllers, or it is possible that the latter might become aware of the information in question. This includes for example:
freelance professionals for accounting and/or tax purposes;
banks, in order to manage collections and/or payments;
other persons who might need the information in question for the purpose of completely and correctly upholding the contractual relationship and/or because of legal obligations.
7. The personal data may be processed with or without electronic support system, and the data in question shall be kept for a period of time not exceeding what is necessary for achieving the purposes for which they are being processed and/or to comply with legal obligations.
It is also worth noting that none of our decision-making processes are totally automated; data are physically processed by our operators.
8. Please note that it is within your rights to apply to the Data Controller for access, rectification, erasure or limitation of data processing; it is also within your rights to object to personal data processing and to exercise your right to portability. The data referred to in this item may be exercised in accordance with articles 15,16,17,18,20,21 of EU Reg. 2016/679 which we enclose to this information policy for your reference. Finally, please note that the Data Controller will not engage in any marketing or profiling work.
For any information and queries, you can apply to the secretary’s office of the Data Controller at the addresses listed under item 1) above, asking to speak to the person in charge of feedback to data subjects.
9. It is within your rights to lodge a complaint with the supervisory authority according to national law.
*This information integrates and completes data already known to the data subject.
The rights of the data subject
The data subject will be able to exercise the rights referred to in articles 15,16,17,18,19,20,21,22 of the EU regulation 2016/679.
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.
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 paragraph 1 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 paragraph 1 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 Articles 16, 17(1) and 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 paragraph 1 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 paragraph 1 shall not adversely affect the rights and freedoms of others.
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 points (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) apply and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.
Alaska Srl. – Via Dismano, 4583 – 47522 CESENA ( FC ) Italy