Privacy Policy
PRIVACY STATEMENT
REASONS FOR THE PRIVACY STATEMENT
This privacy statement contains important information about the
personal data provided and describes how such data is used. Where applicable,
it also explains the processing methods of the data provided by the data
subject or collected during the purchase of services and/or products directly
from the Company or from related companies, or during other contacts with the
Company. This information is complementary to any other statements received in
such other circumstances.
This document
contains important information on the following points:
ACCEPTANCE
By communicating personal data and agreeing to the management of
the same by the Company, the data subject confirms that he/she has read and
understood this Privacy Statement and accepts that the Company collects, uses,
archives, transmits and discloses the personal data collected with the consent
granted. Except in the case in which he/she is already registered, the Company
will ask the data subject to provide his/her consent (for example, by ticking a
box), where it deems it appropriate to safeguard its rights or where required
by current legislation.
1. PROCESSING OF PERSONAL DATA
In this Privacy Policy, the term “Personal Data” is used
with reference to any information that allows the Company to identify the data
subject (or a third party whose data the user provides), directly or
indirectly, including any information related to the purchase of goods or
services, or that the user chooses to communicate to the Company or to share
with it, or with third parties. The processing of personal data will be carried
out in accordance with the General Data Protection Regulation (EU) 2016/679
“Reg. (EU) 2016/679”
and, where applicable, according to national legislation. The Company reserves
the right to perform further processing of data, where required by law or in
the context of investigations or criminal or other proceedings.
2. PERSONAL DATA COLLECTED:
Source
of the data
The Company only collects personal data from the data subject if
the data subject voluntarily provides such information, for example:
in the case of websites that
distribute and/or provide Company services: by making a request
through the website or as a “guest”; by opening an account or
modifying it; by searching the website; by contacting the Company to send a
comment or a request; by subscribing to e-mail newsletters and updates
regarding the latest products and services, events or promotions; or by asking
to receive confirmation of a request;
in the case of purchasing services and/ or products directly from
the Company: by conversing informally
during phone calls with our customer department, interacting with the same or
purchasing services;
in the case of the Company’s
customer service: by requesting assistance,
special services or post-purchase assistance;
in the case of e-mails,
text messages and other electronic messages: by exchanging communications between the Company and the data
subject.
If the data subject provides the Company with the personal data of
third parties (for example, family members, other customers or potential
customers), the same should ensure that such third parties are informed and
have authorized the use of their data as described in this Privacy Statement.
Types
of Data
The Company may collect and use different types of personal data
according to the specific purposes pursued and described below:
3. PURPOSES OF PERSONAL DATA
PROCESSING
Depending on the specific circumstances in which the interaction
between the data subject and the Company took place, personal data could be
used for the following purposes.
The personal data provided by the data subject or collected at the
moment of purchasing products and / or services, whether or not made as a
registered data subject, i.e. basic personal data, contact information, data
concerning the individual order, tax data, details of the payment, sales
information and any other data strictly necessary for the sale of the products,
will be used to:
The provision of personal data for the aforementioned purposes is
mandatory and refusal would make it impossible to complete the purchase. Except
where otherwise required to comply with local regulations in force, the
processing of data for these purposes, as needed to fulfil contractual and
legal obligations, may be made without requesting the consent of the data
subject.
For
the specific purposes for which the data were voluntarily provided
Personal data provided by the data subject or collected when a
specific service is requested by the same (for example, by registering the
account on the website, handling complaints or requesting information), namely
personal information, contact information and data strictly necessary to follow
up the request, will be used to:
Personal data must be provided for the aforementioned purposes and
refusal would make it impossible to complete the request. Except where
otherwise required to comply with local regulations in force, the processing of
data for these purposes may be conducted without requesting the consent of the
data subject inasmuch as necessary to carry out the request.
For the purposes of managing
relationships with customers if the data subject registers
on the website
The personal data provided by the data subject by filling in the
Company’s forms or collected at the time of ordering the goods or interacting
with the Company, namely personal and contact information and data concerning
the person’s habits and profile and details of his/her family, will be entered
in the centralized system to:
The entering of data in the
centralized system is optional and free of charge (being based on the consent
that the
data subject may choose to grant) and will only take place where personal data
are provided for both marketing and profiling purposes or only for one of the
two. The data
subject may
cancel his/her registration or withdraw consent at any time (see point 8 below). In any case, refusal to provide personal data for one or both of
these purposes does not prevent the data subject from using the Company’s
services or making purchases, but the Company will not be able to inform
him/her of the marketing initiatives and events described above and will not be
able to offer him/her a more personalized shopping experience through knowledge
of his/her interests.
4. DISCLOSURE OF PERSONAL DATA
The Company shares the personal data of the data subject with its subsidiary
companies, its distributors and affiliates, including those located in other
countries, and with other companies providing services on its behalf (as
detailed below), under its direction or that of third parties. These companies
and organizations will only receive the personal data needed to perform the
services and will not be authorized to use them for any other purpose.
Communication
of personal data to data processors
The personal data of the data subject may be shared with third
parties to monitor and analyse the activity of a possible future website, host
contents of any future website, to provide technical and organizational
services functional to the aforementioned purposes, maintain the customer
database, provide
marketing assistance and manage emails, market analysis, surveys, awards,
initiatives or promotions. Such third parties may have access to the personal
data of the data subject or store them or process them in order to provide such
services on behalf of the Company in Italy or in the country in which the data
subject is located or abroad. The Company’s service providers are not
authorized to use personal data for purposes other than providing the
contracted services.
Dissemination of personal data
The personal data of the data subject may need to be shared with
payment processing and anti-fraud companies, which operate independently as
data controllers, in order to provide the data subject with online sales
services. In the case of patrimonial or corporate transactions (for example,
mergers or acquisitions, corporate restructuring or liquidation), customer data
will probably be one of the transferred assets and may be shared with legal
successors, to the extent permitted by law based on the legitimate interests of
the Company. Personal data will remain subject to the pre-existing privacy
policy, except where the data subject decides otherwise.
The Company may also disclose the personal data of the data
subject to third parties (i) where this is provided for by EU or Member State
legislation; (ii) in the case of legal proceedings; (iii) in response to a
request from law enforcement agencies based on legitimate grounds; or (iv) to
protect the rights, privacy, security or property of the Company or the public.
In addition, to the extent permitted by law, the Company may
disclose personal data to third parties in case of complaints related to the
use of the website, where deemed necessary to investigate, prevent or take
measures regarding illegal activities, suspected fraud or in the event that the
Company, at its sole discretion, considers that the use of the website by the
data subject is incompatible with the terms of the website itself.
5. PROTECTION OF THE PRIVACY OF
MINORS
This privacy policy is aimed at a general public, but the
processing of personal data is attributable to persons aged 18 or over. The
Company does not require, collect, use or disclose personal data provided by
persons under the age of 18. If the Company learns that it has personally
collected data from a minor, it will delete them.
6. ARCHIVING, ACCESSIBILITY AND
TRANSFER OF PERSONAL DATA
The personal data is collected by the Company using hard copy and
electronic means. Personal data are entered in the centralized database and
made secure by the Company located in Italy and managed by the Data Processors
and by the marketing team in Italy.
Access to personal data will be allowed only to authorized
personnel of the Company, depending on the actual need to know such information
and using access control instruments at various levels. Such staff are
committed to comply with the obligations of confidentiality and have been
specifically designated as data processors, as required by current
legislation.
In particular, where the data subject has given consent to the processing of personal data,
such data may be read, modified and updated by Company personnel. The staff present have
received special training and are obliged to comply with the confidentiality
obligations. The Company may avail of them to collect, use and disclose data as
instructed.
If the Company needs to transfer personal data abroad in order to
pursue the purposes set out in this Privacy Statement, even where personal data
legislation differs from that applicable in the country where the user is
located, the same will adopt measures to ensure that such communication takes
place in compliance with European data protection standards or other local
standards used in the country where the data are collected, so that the data of
the data subject remain secure and confidential.
7. SECURITY AND CONFIDENTIALITY
OF PERSONAL DATA
The Company has implemented appropriate measures to protect the
data subject’s personal data from accidental loss and from unauthorized access,
use, modification and disclosure. The Company recommends that data subjects should (i) periodically
update their software to protect the transmission of data on networks (for
example, anti-virus software) and check that the provider of electronic
communication services has adopted appropriate means for the security of data
transmission, data on networks (for example, firewalls and anti-spam filters);
(ii) keep confidential and not communicate to anyone the user name and password
to access the account; and (iii) change the password periodically.
In the unlikely event that the Company believes that the security
of the personal data of the data subject in its possession or under its control
has been or may have been compromised, the same will inform the data subject of
the incident as per the procedures established by current legislation, using
the methods envisaged therein (by providing the Company with his/her email
address, the data subject agrees to receive such communications in electronic
format through such email address).
8. RIGHTS OF ACCESS TO PERSONAL
DATA – MANAGEMENT OF CHOICES
User’s rights
At any time and free of charge, the data subject may access
his/her data, receive his/her personal electronic data in a structured and
commonly used mechanically readable format and transmit them to another data
controller (data portability), and have them rectified, updated, modified or
erased (subject to any applicable exceptions).
The data subject may update the data provided to the Company by
contacting the same at the address provided below. Requests to erase data are
conditional to any applicable legal and ethical reporting or document retention
obligations imposed on the Company.
Wherever the data subject considers that there is a problem with
the way the personal data is managed, he/she has the right to lodge a complaint
with the personal data protection authority of the country in question or of
any other country in the EU or the European Economic Area.
To exercise these rights, the data subject may send a request,
contacting the Company by sending an email to info@berni.org or a letter by
ordinary mail to the address of the Company’s registered office. When
contacting the Company, the data subject must make sure to include his/her
name, email address, postal address and / or telephone number (s) to be sure
that the same can correctly handle their request.
Accuracy – Updating of personal data
In order to allow the Company to better serve the data subject,
the latter is invited to check and update his/her personal data on a regular
basis. The data subject may contact the Company for assistance in updating
personal data.
Management of choices related to
direct marketing and profiling
Wherever the data subject
does not wish to give his/her consent to the use of personal
data, marketing and / or profiling, or wishes to manage his/her preferences as
regards advertising, he/she may send a mere request to the Company indicated
below or manage their choices relative to the account accordingly. The same procedure applies
wherever the data subject should wish to withdraw his/her
consent to profiling.
9. DATA STORAGE
Personal data will be kept for the duration of the commercial
relationship and for all the time necessary to pursue the purposes described in
this Privacy Statement (for example, if the data subject signs up for a
newsletter, for the duration of such registration, or where he /she has a user
account, until it is closed). After such period, the personal data of the data
subject will be kept only to comply with legal and regulatory obligations (for
example, for 10 years, for accounting purposes, for the duration of the
mandatory storage obligation, in the case of tax purposes, etc.) or to allow
the Company to retain evidence of their respective rights and obligations.
Personal data of the data subject
which is processed will be kept until the account is closed or
until consent to their processing for such purposes is withdrawn. Personal data relating to
information on purchases which are processed for profiling and marketing
purposes will be kept for a limited period, in line with the term allowed by
current legislation, and will be permanently erased or anonymised at the end of
such period.
10. POLICY ON COOKIES AND
SIMILAR PROCESSES
As is customary on all websites, this website
also utilises cookies, small text files that permit the storage of information
regarding visitor preferences, to improve the functionality of the website, to
simplify browsing by automating procedures (such as for the login and website
language) and to analyse use of the website.
Session cookies are essential in order
to distinguish between users connected to the website. They help to prevent a
requested feature being provided to the wrong user, as well as for security
purposes to stop cyber-attacks on the website. Session cookies do not contain
personal data and last only for the current session, i.e. until the browser is
closed. No consent is required for their utilisation.
Functionality cookies utilised by the
website are strictly necessary for functioning of the website. In particular,
they are connected to a specific functioning request by the user (such as
Login), for which no consent is required.
By using the website, the visitor specifically
grants his/her consents to the use of cookies.
Disabling
Cookies
Cookies are connected to the browser
used and CAN BE DISABLED DIRECTLY FROM THE BROWSER, thus
refusing/withdrawing consent to the use of cookies. It should be noted that
disabling cookies may prevent the correct use of certain features of the
website itself.
Instructions for disabling cookies can
be found on the following web pages:
Mozilla Firefox https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Windows Internet Explorer
https://windows.microsoft.com/it-IT/windows7/Block-enable-or-allow-cookies
Google Chrome
https://support.google.com/chrome/bin/answer.py?hl=it&answer=95647
Opera https://help.opera.com/Windows/10.00/it/cookies.html
Apple Safari https://support.apple.com/it-it/HT201265
Third party
cookies
This site also acts as an intermediary
for third-party cookies, which are used to provide additional services and
features to users and to improve use of the site, for example through the use
of social media keys. This privacy policy does not apply to services provided by
third parties, and this site has no control over their cookies, entirely
managed by third parties. The data transfer contract is directly between the
user / visitor and the third parties, so the acquisition of consent for these
cookies is, of course, the responsibility of such third parties, while this
site does not participate in any way in such transfer. Consequently,
information on the utilisation of said cookies and the purposes of the same, as
well as how to disable them, are provided directly by the third parties on the
pages indicated below.
In particular, this site uses cookies
from the following third parties:
– Google (Analytics cookie): Google Analytics is a Google analysis tool that uses performance cookies to collect anonymous browsing data (truncated to the last octet and not cross-linked with those of other services) in order to examine the use of the site by users, compile reports on activities on the site and provide other information, including the number of visitors and pages visited. Google may also transfer this information to third parties where required by law or where such third parties process the above information on Google’s behalf. Google will not associate the IP address with any other data held by Google.
Data transmitted to Google are stored
on Google’s servers in the United States.
For more information on the use of
data and their processing by Google, check the privacy policies on the
following website: https://www.google.com/intl/it/policies/privacy/
.
Further information on Google
Analytics cookies can be found on the following page: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
The User can selectively disable Google Analytics by installing
the required component provided by Google on his/her browser (opt out). To
disable the collection of data by Google Analytics, please see the link.
https://tools.google.com/dlpage/gaoptout
SPAM protection
This type of service analyzes the traffic of this Application, potentially containing Users’ Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
Google reCAPTCHA (Google Inc.)
Google reCAPTCHA is a SPAM protection service provided by Google Inc.
Personal Data collected: Cookies and Usage Data.
11. LINKS, ADVERTISERS, SPONSORS AND ADVERTISING
The personal data provided by the data subject may be communicated
to: all subjects to whom the right of access to such data is recognized by
virtue of regulatory provisions; to our collaborators, employees, as part of
their duties; to all those natural and / or legal persons, public and / or
private when communication is needed or functional to the performance of our
business and in the manner and for the purposes illustrated above.
12. DATA CONTROLLER – DATA
PROTECTION OFFICER – COMPANY CONTACTS
For the purposes of this Privacy Statement and the processing of
data described herein, the term “Company” refers to BERNI SRL Viale
Palmiro Togliatti 86, code 50059 VINCI locality Sovigliana (FI) Italy.
The data controller of the Company is BERNI SRL Viale Palmiro
Togliatti 86, cap 50059 VINCI locality Sovigliana (FI) Italy.
For any comments or questions about this Privacy Statement and to
talk to the local contact person in charge of handling data processing
requests, you can also contact the Company’s customer service at:
info@berni.org – tel. 0571.5311.
13. UPDATES OF THIS PRIVACY POLICY –
COMMUNICATIONS
The Company, at its discretion, reserves the right to change,
modify, add or delete portions of this Privacy Statement at any time, updating
the “last modified” date indicated below. It is the user’s
responsibility to review the Privacy Statement from time to time to be aware of
any changes made. In some cases, the Company may provide further communications
regarding significant changes to this Privacy Statement by sending a
newsletter. Following the changes, where foreseen by the current legislation,
the data of the data subject will not be processed without his/her specific
consent.
LAST MODIFIED
This privacy policy shall take effect from 25-05-2018
PRIVACY STATEMENT
REASONS FOR THE PRIVACY STATEMENT
This privacy statement contains important information about the
personal data provided and describes how such data is used. Where applicable,
it also explains the processing methods of the data provided by the data
subject or collected during the purchase of services and/or products directly
from the Company or from related companies, or during other contacts with the
Company. This information is complementary to any other statements received in
such other circumstances.
This document
contains important information on the following points:
- PERSONAL DATA PROCESSING
- PERSONAL DATA COLLECTED
- PURPOSES OF PERSONAL DATA PROCESSING
- DISCLOSURE OF PERSONAL DATA
- PROTECTION OF THE PRIVACY OF MINORS
- ARCHIVING, ACCESSIBILITY AND TRANSFER OF PERSONAL DATA
- SECURITY AND CONFIDENTIALITY OF PERSONAL DATA
- RIGHTS OF ACCESS TO PERSONAL DATA – MANAGEMENT OF CHOICES
- STORAGE OF DATA
- POLICY ON COOKIES AND SIMILAR PROCESSES
- LINKS, ADVERTISERS, SPONSORS AND ADVERTISING
- DATA CONTROLLER – COMPANY CONTACTS
- UPDATES OF THIS STATEMENT -COMMUNICATIONS
ACCEPTANCE
By communicating personal data and agreeing to the management of
the same by the Company, the data subject confirms that he/she has read and
understood this Privacy Statement and accepts that the Company collects, uses,
archives, transmits and discloses the personal data collected with the consent
granted. Except in the case in which he/she is already registered, the Company
will ask the data subject to provide his/her consent (for example, by ticking a
box), where it deems it appropriate to safeguard its rights or where required
by current legislation.
1. PROCESSING OF PERSONAL DATA
In this Privacy Policy, the term “Personal Data” is used
with reference to any information that allows the Company to identify the data
subject (or a third party whose data the user provides), directly or
indirectly, including any information related to the purchase of goods or
services, or that the user chooses to communicate to the Company or to share
with it, or with third parties. The processing of personal data will be carried
out in accordance with the General Data Protection Regulation (EU) 2016/679
“Reg. (EU) 2016/679”
and, where applicable, according to national legislation. The Company reserves
the right to perform further processing of data, where required by law or in
the context of investigations or criminal or other proceedings.
2. PERSONAL DATA COLLECTED:
Source
of the data
The Company only collects personal data from the data subject if
the data subject voluntarily provides such information, for example:
in the case of websites that
distribute and/or provide Company services: by making a request
through the website or as a “guest”; by opening an account or
modifying it; by searching the website; by contacting the Company to send a
comment or a request; by subscribing to e-mail newsletters and updates
regarding the latest products and services, events or promotions; or by asking
to receive confirmation of a request;
in the case of purchasing services and/ or products directly from
the Company: by conversing informally
during phone calls with our customer department, interacting with the same or
purchasing services;
in the case of the Company’s
customer service: by requesting assistance,
special services or post-purchase assistance;
in the case of e-mails,
text messages and other electronic messages: by exchanging communications between the Company and the data
subject.
If the data subject provides the Company with the personal data of
third parties (for example, family members, other customers or potential
customers), the same should ensure that such third parties are informed and
have authorized the use of their data as described in this Privacy Statement.
Types
of Data
The Company may collect and use different types of personal data
according to the specific purposes pursued and described below:
- personal information, such
as name, surname, gender, age / date of birth, country of origin and other
personal data that current legislation permits the collection of; - contact information, such
as address, email address, telephone number, mobile phone number, fax number
and other contact information that current legislation permits the collection
of; - payment information, such
as payment instrument (credit or debit card), if applicable, and passport
number, if required for tax reasons or in relation to anti-money laundering
legislation; - information relative to
sales, such as data, products or services provided, amount, total sale, VAT
number, claims, refunds or other sales information that current legislation
permits the collection of; - habits and profiles, such
as purchase data (purchase history), information on activities and initiatives
related to the management of customer relations (date and categories of such
actions implemented or to be implemented and the results thereof), habits and
purchase preferences (wish-list, preferred categories of services), other
information (information on jobs, education, hobbies and lifestyle) that
current legislation permits the collection of; - family information, such
as marital status, date of anniversary, number of children, information about
children, and other family information that current legislation permits the
collection of.
3. PURPOSES OF PERSONAL DATA
PROCESSING
Depending on the specific circumstances in which the interaction
between the data subject and the Company took place, personal data could be
used for the following purposes.
The personal data provided by the data subject or collected at the
moment of purchasing products and / or services, whether or not made as a
registered data subject, i.e. basic personal data, contact information, data
concerning the individual order, tax data, details of the payment, sales
information and any other data strictly necessary for the sale of the products,
will be used to:
- manage, administer and
process merchandise purchases, sales and after-sales services, such as
administrative activities, accounting, guarantees, refunds, where applicable,
fraud prevention and communication with the data subject, also by email, for
any problem related to management of the purchase or subsequent requests
related to the sale; - comply with obligations
imposed by EU laws, regulations or legislation (including anti-money laundering
legislation) and to make a legal claim or construct a defence against such.
The provision of personal data for the aforementioned purposes is
mandatory and refusal would make it impossible to complete the purchase. Except
where otherwise required to comply with local regulations in force, the
processing of data for these purposes, as needed to fulfil contractual and
legal obligations, may be made without requesting the consent of the data
subject.
For
the specific purposes for which the data were voluntarily provided
Personal data provided by the data subject or collected when a
specific service is requested by the same (for example, by registering the
account on the website, handling complaints or requesting information), namely
personal information, contact information and data strictly necessary to follow
up the request, will be used to:
- provide the requested
services (for example, carry out the account registration processes, manage
authentication on the website and the data subject’s accounts, assist the same
and manage any complaints and wish-lists and answer a question or contact
request, if necessary submitted by the data subject); - manage subscriptions to
the newsletter where the data subject is not registered.
Personal data must be provided for the aforementioned purposes and
refusal would make it impossible to complete the request. Except where
otherwise required to comply with local regulations in force, the processing of
data for these purposes may be conducted without requesting the consent of the
data subject inasmuch as necessary to carry out the request.
For the purposes of managing
relationships with customers if the data subject registers
on the website
The personal data provided by the data subject by filling in the
Company’s forms or collected at the time of ordering the goods or interacting
with the Company, namely personal and contact information and data concerning
the person’s habits and profile and details of his/her family, will be entered
in the centralized system to:
- offer promotions,
discounts and other personalized services and send newsletters, other marketing
and commercial communications on the Company’s products and services (organized
by the Company), surveys and research, market analysis, or other initiatives
for the data subjects or customers registered on other sites of society (“marketing“).
The Company may use conventional contact means (ordinary mail and telephone)
and / or digital and automated (e-mail, SMS, MMS, telephone and other digital
channels, for example social media) and may send the person concerned such
communications on the basis of his/her profile, if such person has granted his/her
consent to profiling; - to analyse the user’s contacts with the
Company, interests, preferences and purchasing habits, and create individual or
aggregated profiles based on them, to see how to provide a better service, also
to offer a better sales experience with other companies connected to the same company
(“profiling“).
The Company may also use personal data to create groups and perform statistical
and market analyses aimed at identifying services of interest to customers of
its brands and at improving its services (including the website). The data
collected on the website will be combined with any information obtained by the
Company through interactions with staff present at the various stores of the
Company. The processing of personal data for profiling is carried out in
compliance with the guarantees and parameters established by current
legislation.
The entering of data in the
centralized system is optional and free of charge (being based on the consent
that the
data subject may choose to grant) and will only take place where personal data
are provided for both marketing and profiling purposes or only for one of the
two. The data
subject may
cancel his/her registration or withdraw consent at any time (see point 8 below). In any case, refusal to provide personal data for one or both of
these purposes does not prevent the data subject from using the Company’s
services or making purchases, but the Company will not be able to inform
him/her of the marketing initiatives and events described above and will not be
able to offer him/her a more personalized shopping experience through knowledge
of his/her interests.
4. DISCLOSURE OF PERSONAL DATA
The Company shares the personal data of the data subject with its subsidiary
companies, its distributors and affiliates, including those located in other
countries, and with other companies providing services on its behalf (as
detailed below), under its direction or that of third parties. These companies
and organizations will only receive the personal data needed to perform the
services and will not be authorized to use them for any other purpose.
Communication
of personal data to data processors
The personal data of the data subject may be shared with third
parties to monitor and analyse the activity of a possible future website, host
contents of any future website, to provide technical and organizational
services functional to the aforementioned purposes, maintain the customer
database, provide
marketing assistance and manage emails, market analysis, surveys, awards,
initiatives or promotions. Such third parties may have access to the personal
data of the data subject or store them or process them in order to provide such
services on behalf of the Company in Italy or in the country in which the data
subject is located or abroad. The Company’s service providers are not
authorized to use personal data for purposes other than providing the
contracted services.
Dissemination of personal data
The personal data of the data subject may need to be shared with
payment processing and anti-fraud companies, which operate independently as
data controllers, in order to provide the data subject with online sales
services. In the case of patrimonial or corporate transactions (for example,
mergers or acquisitions, corporate restructuring or liquidation), customer data
will probably be one of the transferred assets and may be shared with legal
successors, to the extent permitted by law based on the legitimate interests of
the Company. Personal data will remain subject to the pre-existing privacy
policy, except where the data subject decides otherwise.
The Company may also disclose the personal data of the data
subject to third parties (i) where this is provided for by EU or Member State
legislation; (ii) in the case of legal proceedings; (iii) in response to a
request from law enforcement agencies based on legitimate grounds; or (iv) to
protect the rights, privacy, security or property of the Company or the public.
In addition, to the extent permitted by law, the Company may
disclose personal data to third parties in case of complaints related to the
use of the website, where deemed necessary to investigate, prevent or take
measures regarding illegal activities, suspected fraud or in the event that the
Company, at its sole discretion, considers that the use of the website by the
data subject is incompatible with the terms of the website itself.
5. PROTECTION OF THE PRIVACY OF
MINORS
This privacy policy is aimed at a general public, but the
processing of personal data is attributable to persons aged 18 or over. The
Company does not require, collect, use or disclose personal data provided by
persons under the age of 18. If the Company learns that it has personally
collected data from a minor, it will delete them.
6. ARCHIVING, ACCESSIBILITY AND
TRANSFER OF PERSONAL DATA
The personal data is collected by the Company using hard copy and
electronic means. Personal data are entered in the centralized database and
made secure by the Company located in Italy and managed by the Data Processors
and by the marketing team in Italy.
Access to personal data will be allowed only to authorized
personnel of the Company, depending on the actual need to know such information
and using access control instruments at various levels. Such staff are
committed to comply with the obligations of confidentiality and have been
specifically designated as data processors, as required by current
legislation.
In particular, where the data subject has given consent to the processing of personal data,
such data may be read, modified and updated by Company personnel. The staff present have
received special training and are obliged to comply with the confidentiality
obligations. The Company may avail of them to collect, use and disclose data as
instructed.
If the Company needs to transfer personal data abroad in order to
pursue the purposes set out in this Privacy Statement, even where personal data
legislation differs from that applicable in the country where the user is
located, the same will adopt measures to ensure that such communication takes
place in compliance with European data protection standards or other local
standards used in the country where the data are collected, so that the data of
the data subject remain secure and confidential.
7. SECURITY AND CONFIDENTIALITY
OF PERSONAL DATA
The Company has implemented appropriate measures to protect the
data subject’s personal data from accidental loss and from unauthorized access,
use, modification and disclosure. The Company recommends that data subjects should (i) periodically
update their software to protect the transmission of data on networks (for
example, anti-virus software) and check that the provider of electronic
communication services has adopted appropriate means for the security of data
transmission, data on networks (for example, firewalls and anti-spam filters);
(ii) keep confidential and not communicate to anyone the user name and password
to access the account; and (iii) change the password periodically.
In the unlikely event that the Company believes that the security
of the personal data of the data subject in its possession or under its control
has been or may have been compromised, the same will inform the data subject of
the incident as per the procedures established by current legislation, using
the methods envisaged therein (by providing the Company with his/her email
address, the data subject agrees to receive such communications in electronic
format through such email address).
8. RIGHTS OF ACCESS TO PERSONAL
DATA – MANAGEMENT OF CHOICES
User’s rights
At any time and free of charge, the data subject may access
his/her data, receive his/her personal electronic data in a structured and
commonly used mechanically readable format and transmit them to another data
controller (data portability), and have them rectified, updated, modified or
erased (subject to any applicable exceptions).
The data subject may update the data provided to the Company by
contacting the same at the address provided below. Requests to erase data are
conditional to any applicable legal and ethical reporting or document retention
obligations imposed on the Company.
Wherever the data subject considers that there is a problem with
the way the personal data is managed, he/she has the right to lodge a complaint
with the personal data protection authority of the country in question or of
any other country in the EU or the European Economic Area.
To exercise these rights, the data subject may send a request,
contacting the Company by sending an email to info@berni.org or a letter by
ordinary mail to the address of the Company’s registered office. When
contacting the Company, the data subject must make sure to include his/her
name, email address, postal address and / or telephone number (s) to be sure
that the same can correctly handle their request.
Accuracy – Updating of personal data
In order to allow the Company to better serve the data subject,
the latter is invited to check and update his/her personal data on a regular
basis. The data subject may contact the Company for assistance in updating
personal data.
Management of choices related to
direct marketing and profiling
Wherever the data subject
does not wish to give his/her consent to the use of personal
data, marketing and / or profiling, or wishes to manage his/her preferences as
regards advertising, he/she may send a mere request to the Company indicated
below or manage their choices relative to the account accordingly. The same procedure applies
wherever the data subject should wish to withdraw his/her
consent to profiling.
9. DATA STORAGE
Personal data will be kept for the duration of the commercial
relationship and for all the time necessary to pursue the purposes described in
this Privacy Statement (for example, if the data subject signs up for a
newsletter, for the duration of such registration, or where he /she has a user
account, until it is closed). After such period, the personal data of the data
subject will be kept only to comply with legal and regulatory obligations (for
example, for 10 years, for accounting purposes, for the duration of the
mandatory storage obligation, in the case of tax purposes, etc.) or to allow
the Company to retain evidence of their respective rights and obligations.
Personal data of the data subject
which is processed will be kept until the account is closed or
until consent to their processing for such purposes is withdrawn. Personal data relating to
information on purchases which are processed for profiling and marketing
purposes will be kept for a limited period, in line with the term allowed by
current legislation, and will be permanently erased or anonymised at the end of
such period.
10. POLICY ON COOKIES AND
SIMILAR PROCESSES
As is customary on all websites, this website
also utilises cookies, small text files that permit the storage of information
regarding visitor preferences, to improve the functionality of the website, to
simplify browsing by automating procedures (such as for the login and website
language) and to analyse use of the website.
Session cookies are essential in order
to distinguish between users connected to the website. They help to prevent a
requested feature being provided to the wrong user, as well as for security
purposes to stop cyber-attacks on the website. Session cookies do not contain
personal data and last only for the current session, i.e. until the browser is
closed. No consent is required for their utilisation.
Functionality cookies utilised by the
website are strictly necessary for functioning of the website. In particular,
they are connected to a specific functioning request by the user (such as
Login), for which no consent is required.
By using the website, the visitor specifically
grants his/her consents to the use of cookies.
Disabling
Cookies
Cookies are connected to the browser
used and CAN BE DISABLED DIRECTLY FROM THE BROWSER, thus
refusing/withdrawing consent to the use of cookies. It should be noted that
disabling cookies may prevent the correct use of certain features of the
website itself.
Instructions for disabling cookies can
be found on the following web pages:
Mozilla Firefox https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Windows Internet Explorer
https://windows.microsoft.com/it-IT/windows7/Block-enable-or-allow-cookies
Google Chrome
https://support.google.com/chrome/bin/answer.py?hl=it&answer=95647
Opera https://help.opera.com/Windows/10.00/it/cookies.html
Apple Safari https://support.apple.com/it-it/HT201265
Third party
cookies
This site also acts as an intermediary
for third-party cookies, which are used to provide additional services and
features to users and to improve use of the site, for example through the use
of social media keys. This privacy policy does not apply to services provided by
third parties, and this site has no control over their cookies, entirely
managed by third parties. The data transfer contract is directly between the
user / visitor and the third parties, so the acquisition of consent for these
cookies is, of course, the responsibility of such third parties, while this
site does not participate in any way in such transfer. Consequently,
information on the utilisation of said cookies and the purposes of the same, as
well as how to disable them, are provided directly by the third parties on the
pages indicated below.
In particular, this site uses cookies
from the following third parties:
– Google (Analytics cookie): Google Analytics is a Google analysis tool that uses performance cookies to collect anonymous browsing data (truncated to the last octet and not cross-linked with those of other services) in order to examine the use of the site by users, compile reports on activities on the site and provide other information, including the number of visitors and pages visited. Google may also transfer this information to third parties where required by law or where such third parties process the above information on Google’s behalf. Google will not associate the IP address with any other data held by Google.
Data transmitted to Google are stored
on Google’s servers in the United States.
For more information on the use of
data and their processing by Google, check the privacy policies on the
following website: https://www.google.com/intl/it/policies/privacy/
.
Further information on Google
Analytics cookies can be found on the following page: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
The User can selectively disable Google Analytics by installing
the required component provided by Google on his/her browser (opt out). To
disable the collection of data by Google Analytics, please see the link.
https://tools.google.com/dlpage/gaoptout
SPAM protection
This type of service analyzes the traffic of this Application, potentially containing Users’ Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
Google reCAPTCHA (Google Inc.)
Google reCAPTCHA is a SPAM protection service provided by Google Inc.
Personal Data collected: Cookies and Usage Data.
11. LINKS, ADVERTISERS, SPONSORS AND ADVERTISING
The personal data provided by the data subject may be communicated
to: all subjects to whom the right of access to such data is recognized by
virtue of regulatory provisions; to our collaborators, employees, as part of
their duties; to all those natural and / or legal persons, public and / or
private when communication is needed or functional to the performance of our
business and in the manner and for the purposes illustrated above.
12. DATA CONTROLLER – DATA
PROTECTION OFFICER – COMPANY CONTACTS
For the purposes of this Privacy Statement and the processing of
data described herein, the term “Company” refers to BERNI SRL Viale
Palmiro Togliatti 86, code 50059 VINCI locality Sovigliana (FI) Italy.
The data controller of the Company is BERNI SRL Viale Palmiro
Togliatti 86, cap 50059 VINCI locality Sovigliana (FI) Italy.
For any comments or questions about this Privacy Statement and to
talk to the local contact person in charge of handling data processing
requests, you can also contact the Company’s customer service at:
info@berni.org – tel. 0571.5311.
13. UPDATES OF THIS PRIVACY POLICY –
COMMUNICATIONS
The Company, at its discretion, reserves the right to change,
modify, add or delete portions of this Privacy Statement at any time, updating
the “last modified” date indicated below. It is the user’s
responsibility to review the Privacy Statement from time to time to be aware of
any changes made. In some cases, the Company may provide further communications
regarding significant changes to this Privacy Statement by sending a
newsletter. Following the changes, where foreseen by the current legislation,
the data of the data subject will not be processed without his/her specific
consent.
LAST MODIFIED
This privacy policy shall take effect from 25-05-2018
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