Information notice on the processing of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 (GDPR). Effective as of October 13, 2022
FOREWORD
This notice takes into account the provisions of the GDPR and the Privacy Code (Legislative Decree No. 196 of June 30, 2003). The document has also been prepared in accordance with the Guidelines of the Privacy Guarantor (especially the Guidelines for Countering Spam issued by the Privacy Guarantor on July 4, 2013).
Data Controller: De Carlo S.r.l., VAT number IT07184800485, Via F. Puccinotti 78 , 50129 Florence (FI), email: info@decarlojewels.com
Site to which this privacy policy refers: https://decarlojewels.com/ (Site).
The Data Controller has not appointed a DPO (Data Protection Officer). Therefore, you may send any inquiries directly to the Data Controller.
GENERAL INFORMATION
This document describes how the Data Controller processes your personal data provided on the Site.
The main processing of your personal data is described below. In particular, the legal basis of the processing, whether the provision is mandatory, and the consequences of not providing personal data are explained. To better describe your rights, if necessary, we have specified if and when a certain processing of personal data is not carried out.
Site Registration
The Site does not offer the possibility of registration. Therefore, the Data Controller does not process your personal data for this purpose.
Purchases on the Site
Your personal data will be processed to enable you to make purchases on the Site. In the case of placing an online purchase order, to enable the conclusion of the purchase contract and the proper execution of the transactions related to it (and, if necessary, under industry regulations, to fulfill tax obligations). The legal basis for the processing is the obligation of the Data Controller to perform the contract with the data subject or to fulfill legal obligations. Regardless of the above (and therefore of your consent), the Data Controller may process your data for the purpose of "soft spam", governed by Article 130 of the Privacy Code. This means that, limited to the email you provide in the context of a purchase through the Site, the Data Controller will process the email to enable direct offers from similar products/services, provided that you do not object to such processing in the manner set forth in this Policy. The legal basis for the processing is the legitimate interest of the Data Controller in sending this type of communication. This legitimate interest may be considered equivalent to the data subject's interest in receiving "soft spam" communications. The Data Controller may send emails to remind the user to complete a purchase. The legal basis for this processing is the legitimate interest of the Data Controller to send this type of communication.
Responding to Your Requests
Your data will be processed to respond to your inquiries. Providing your data is optional, but your refusal will make it impossible for the Data Controller to answer your questions. The legal basis for the processing is the legitimate interest of the Data Controller in fulfilling your requests. This legitimate interest is equivalent to the user's interest in receiving responses to communications sent to the Data Controller.
Generic Marketing
Subject to your consent, the Data Controller may process the personal data you provide for the purpose of sending you advertising material and/or newsletters relating to its own or third party products. The legal basis for this processing is your consent. The provision of personal data for this purpose is purely optional. Failure to consent to the processing of data for marketing purposes will result in the impossibility for you to receive advertising material relating to products/services of the Data Controller and/or third parties, as well as the impossibility for the Data Controller to carry out market surveys, also aimed at assessing the degree of user satisfaction, as well as to send you newsletters. These communications will be sent to the email you have provided on the Site.
Profiling
Subject to your consent, the Data Controller may process your personal data for profiling purposes, i.e. for the analysis of your consumption choices through the revelation of the type and frequency of your purchases, in order to send you advertising material and/or newsletters related to its own or third-party products of your specific interest. The legal basis for this processing is your consent. The provision of data for this purpose is purely optional. Failure to consent to the processing of your personal data for profiling purposes will result in the impossibility for the Data Controller to process your commercial profile, through the detection of your purchasing choices and habits, as well as to send you advertising material, related to products of the Data Controller and/or third parties, of your specific interest. These communications will be sent to the email you provided on the Site.
Data Transfer
The Data Controller does not transfer your personal data to third parties.
Geolocation
If you access the Site, you may receive a notification on your device (fixed and/or mobile) that will give you the option to allow or disallow the location of that device (geolocation). You will be free to allow or deny this setting, without substantial changes to the functionality of the Site. You may change your geolocation settings at any time in your device settings. The legal basis for the processing is the legitimate interest of the Data Controller in providing services relevant to your location. This legitimate interest is equal to the user's interest in receiving services as relevant to their location as possible.
Disclosure of Personal Data
In the ordinary course of its business, the Data Controller may disclose your personal data to certain categories of subjects. In Article 2 you can find the list of subjects to whom the Data Controller discloses your personal data. To facilitate the protection of your rights, Article 2 may specify in some cases when your data is not disclosed to third parties.
"Disclosure" of personal data to third parties is different from "transfer" (regulated in the preceding point). In fact, in data disclosure the third party to whom the data is transmitted can use it only for the specific purposes described in the relationship with the Data Controller. In data transfer, on the other hand, the third party becomes an autonomous Data Controller of the personal data. Furthermore, to transfer your personal data to a third party, your consent is always required.
Notwithstanding the foregoing, it is understood that the Data Controller may still use your personal data to properly fulfill its obligations under applicable laws.
SPECIFIC PRIVACY POLICY
Art. 1 Methods of Data Processing
1.1 The processing of your personal data will be mainly carried out with the aid of electronic or otherwise automated means, in the manner and with the tools suitable to ensure their security and confidentiality in accordance with the GDPR. If the automatic chatbot service is operational, your personal data will also be processed to enable the activation of this service, through which you can contact and be contacted by the Data Controller, subject to your consent. The legal basis is the legitimate interest of the Data Controller in responding to user requests through the chatbot service. This legitimate interest can be considered equivalent to the data subject's interest in using the automated chatbot service.
1.2 The information acquired and the manner of processing will be relevant and not excessive in relation to the type of services rendered. Your data will also be managed and protected in secure computer environments appropriate to the circumstances.
1.3 No "special category data" is processed through the Site. Special category data is personal data that may reveal racial and ethnic origin, religious, philosophical or other beliefs, political opinions, membership in parties, trade unions, associations or organizations of a religious, philosophical, political or trade union nature, health status and sex life.
1.4 No judicial data is processed through the Site.
Art. 2 Disclosure of Personal Data
The Data Controller may disclose your personal data to certain categories of subjects. The following are the subjects to whom the Data Controller reserves the right to disclose your data:
- The Data Controller may disclose your personal data to all those entities (including Public Authorities) that have access to personal data by virtue of legislative or administrative provisions.
- Your personal data may also be disclosed to all those public and/or private entities, individuals and/or legal entities (legal, administrative and tax consulting firms, Judicial Offices, Chambers of Commerce, Chambers and Offices of Labor, etc.), if the communication is necessary or functional for the proper fulfillment of obligations arising from the law.
- The Data Controller uses employees and/or collaborators in any capacity. For the proper functioning of the Site, the Data Controller may disclose your personal data to these employees and/or collaborators.
- In its ordinary activity of managing the Site, the Data Controller makes use of companies, consultants or professionals in charge of the installation, maintenance, updating and, in general, management of the hardware and software of the Data Controller, or which the latter uses for the provision of its services. Therefore, only with reference to these purposes, your data may also be processed by these subjects.
- In order to send its communications, the Data Controller uses external companies in charge of sending these types of communications (CRM platforms). Your personal data (in particular email) may therefore be communicated to these companies.
- The Data Controller does not use outside companies to provide customer care service.
The Data Controller reserves the right to change the above list in accordance with its ordinary operations. Therefore, you are encouraged to regularly access this notice to check to which entities the Data Controller discloses your personal data.
Art. 3 Retention of Personal Data
3.1 This article describes how long the Data Controller reserves the right to retain your personal data.
- Your personal data will be retained only as long as necessary to ensure the proper provision of the services offered through the Site.
- For marketing purposes, personal data will be retained until consent is revoked. For inactive users, personal data will be deleted after one year from the last email sent and potentially viewed.
- For the purpose of executing the sales contract, the data will be retained for 10 years from the date of receipt of the purchase order. This is to allow the Data Controller to exercise its right of defense and to prove that it has properly executed the contract.
- For customer care purposes, the data will be deleted once the customer care service is completed.
- As stipulated in Article 2220 of the Civil Code, invoices, as well as all accounting records in general, are retained for a minimum period of 10 years from the date of recording so that they can be presented in case of an audit.
3.2 Notwithstanding Article 3.1, the Data Controller may retain your personal data for as long as required by specific regulations, as amended from time to time.
Art. 4 Transfer of Personal Data
4.1 The Data Controller is based within the European Union. Therefore, the processing of your data is safe from a regulatory point of view as it is governed by the GDPR. If the transfer of your personal data takes place in a country outside the EU and for which the European Commission has issued an adequacy decision, the transfer is deemed to be safe from a regulatory point of view in any case. This Article 4.1 indicates from time to time the countries to which your personal data may possibly be transferred and where the European Commission has issued an adequacy decision.
- To enable the proper operation of the Site, your personal data may be transferred abroad. This is permitted on the basis of European Commission Decision No. 2002/2/EC of December 20, 2001 (published in the Official Journal of the European Union L 2/13 of January 4, 2002), a decision that ascertained that Canada provides an adequate level of protection for personal data transferred from the European Union to recipients subject to Canada’s Personal Information Protection and Electronic Documents Act of April 13, 2000.
4.2 Notwithstanding Article 4.1, your data may also be transferred to countries outside the EU and for which the European Commission has not issued an adequacy decision. You are therefore invited to regularly review this Article 4.2 to ascertain to which of these countries your data is possibly transferred. To enable the proper functionality of the Site your personal data may be transferred to the U.S.A.. In these cases, the Data Controller will take all appropriate contractual measures to ensure an adequate level of protection of personal data, including, among others, the Standard Contractual Clauses approved by the European Commission on June 4, 2021.
4.3 In this article, the Data Controller indicates the countries where it may specifically direct its activities. This circumstance may imply the application of the regulations of the relevant country, together with those of the GDPR.
- Upon the user's request, the Data Controller will apply to the processing of personal data the most favorable legislation provided by the user's national legislation.
Art. 5. Rights of the Data Subject
Pursuant to Article 13 of the GDPR, the Data Controller informs you that you have the right to:
- Request from the Data Controller access to your personal data and the rectification or erasure of the data, or the restriction of the processing of your data or the objection to the processing of the data, as well as the right to data portability;
- Revoke consent at any time without affecting the lawfulness of processing based on consent given before revocation;
- Propose a complaint to a supervisory authority (e.g., the Data Protection Authority).
The above rights may be exercised by request addressed without formalities to the contacts indicated in the Foreword.
Art. 6. Amendments and Miscellaneous
The Data Controller reserves the right to make changes to this policy at any time, giving appropriate publicity to users of the Site and ensuring in all cases an adequate and similar protection of personal data. In order to view any changes, you are encouraged to consult this policy on a regular basis. In the event of material changes to this privacy policy, the Data Controller may also notify you by email.