O.M.A.R. S.r.l., with registered office in Via Marmolada Zona Industriale Nord 2 - 31027 - Spresiano (TV) - Italy, Tax Identification and VAT no. 03385030261 (hereinafter, “Data Controller”), in its capacity as Data Controller, hereby informs you, pursuant to art. 13 of EU Regulation no. 2016/679 (hereinafter, “GDPR”), with reference to the processing of data of NATURAL PERSONS, that your data will be processed according to the procedures and purposes described here below. This information statement also falls within the full scope of Italian Legislative Decree 196:2003 as amended by Legislative Decree 101:2018.
1. Subject of Processing
The Data Controller processes personal and identification data (e.g. name, surname, company name, address, telephone, email, bank and payment details), hereinafter referred to as "personal data" or "data", which you disclosed upon the conclusion of contracts for products and services with the Data Controller.
2. Purposes of processing
Your personal data is processed:
A) without your explicit consent (art. 6 lett. b), c), e), f) of the GDPR), for the following Purposes:
- the conclusion of contracts for the provision of products and services by the Data Controller;
- the fulfilment of pre-contractual, contractual and tax obligations deriving from current relations;
- compliance with obligations set forth by the law, by a regulation, EU legislation or as ordered by Authorities (such as any pertaining to anti-laundering);
- exercising the Data Controller's rights, for example the right to defence in legal proceedings;
B) Exclusively subject to your specific and explicit consent (art. 6 lett. a) + art. 7 of the GDPR), for the following Marketing Purposes:
- for the sending of newsletters, commercial messages and/or advertising material via email and/or sms and/or phone, regarding products or services offered by the Data Controller and satisfaction surveys regarding the quality of the Data Controller's products and services;
C) Exclusively subject to your specific and explicit consent (art. 6 lett. a) + art. 7 of the GDPR), for the following Marketing Purposes:
- for the sending of third party commercial and/promotional messages via email and/or sms and/or phone (business partners, for example).
3. Processing procedures
Your personal data is processed using procedures specified in art. 4, point no. 2) of the GDPR, specifically: collection, recording, organisation, conservation, consultation, elaboration, amendment, selection, extraction, comparison, use, interconnection, blocking, disclosure, deletion and destruction of data.
Your personal data are processed on paper and electronically.
The Data Controller will process your personal data for the time strictly necessary for fulfilling the aforementioned Purposes and in any case no longer than 10 years from the termination of the relationship entered into for the Purposes specified under point A and no longer than 4 years from the collection of data for Purposes specified under points B and C.
4. Access to data
Your data may be made accessible for the purposes specified in art. 2.A), 2.B), 2C) of this information statement:
- to the Data Controller's employees and contract workers, in their capacity as appointed and or internal persons for processing and/or system administrators;
- third party companies or other entities (by way of example: credit institutes, professional firms, consultants, etc.) which carry out activities outsourced by the Data Controller, in their capacity as external Data Processors.
5. Disclosure of data
Without requiring explicit consent, (art. 6 lett. b) and c) of the GDPR, the Data Controller can disclose its data for the purposes specified in art. 2.A) to Supervisory Boards, Judicial Authorities as well as any entities they are legally required to disclose information for the pursuit of stated purposes.
Said entities shall process data in their capacity as independent Data Controllers.
Your data shall not be distributed.
6. Data transferral
Personal data are stored on servers located at the company's operating office, in Spresiano (TV) - 31027 - Italy - Via Marmolada, Zona Industrial Nord 2, within the European Union, and on other service servers located within the European Union.
In any case it remains understood that the Data Controller shall have the faculty to move servers beyond the EU, if necessary. Under such circumstances, the transfer of data beyond the European Union shall occur in compliance with all applicable statutory provisions, following the stipulation of standard contractual clauses provided for by the European Commission and in compliance with provisions set forth in the GDPR.
7. Nature of data delivery and consequences of any refusal to submit said data
The submission of data for purposes specified in art. 2.A) is compulsory. Failure to submit data means that we will be unable to guarantee Services specified in art. 2.A).
The submission of data for purposes specified in art. 2.B) and 2C) is optional. Therefore you may decide not to submit any data or successively refuse the processing of data previously provided. Under such circumstances you will no longer be able to receive newsletters, commercial notifications or advertising material regarding Services provided by the Data Controller and/or third parties.
You will continue to have the right to Services specified in art. 2.A).
8. Other information
Disclosed data are not subjected to automated decision-making processes (including profiling)
Submitted information will not be processed for purposes other than those for which it was collected, except for prior and exhaustive notification in compliance with instructions contained in article 13, paragraph 2 of the GDPR.
8.1 Subscription to the OMAR Newsletter
The O.M.A.R. srl "Newsletter" O.M.A.R. provides you with real time information on new O.M.A.R. s.r.l. products, events and trade fairs of the sector.
To subscribe to the mailing list, which ensures you automatically receive each new issue of the Newsletter free of charge via email, use the form on the website (in doing so you express your consent as specified in point 2B)
8.2 Cancellation of service
If you no longer wish to receive the newsletter, enter your email address in the form on this page and click on the "cancel subscription" button.
Please report any problems to the email: email@example.com (see paragraph 10 of this information statement)
8.3 Prescriptions for the user-internaut with reference to downloads
User internauts wishing to download material must fill in fields to provide their email, name, surname and company name.
After completing this operation, user internauts can download pdf files from the O.M.A.R. srl website to access information and/or documents and/or projects and/or company documents which are the exclusive property of O.M.A.R. S.r.l.
The user internaut explicitly undertakes not to distribute and/or amend pdf files downloaded from the website of O.M.A.R. S.r.l., and therefore undertakes to process downloaded information in full respect of its confidential and secret nature.
• To this effect, the user internaut accepts and undertakes to:
• (i) process Confidential Information of O.M.A.R. S.r.l. with the utmost confidentiality and not distribute and/or disclose it to third parties, in whole or in part, in any form, without the prior written consent of O.M.A.R. S.r.l.;
• (ii) not to use Confidential Information in whole or in part, for own or other purposes;
• (iii) not to disclose, without prior written consent from O.M.A.R. S.r.l., the fact that the latter has granted them permission to receive Confidential Information and the reason for which they are in the possession of said information;
• (iv) strictly limit access to Confidential Information to own employees and consultants actually involved in the pursuit of the Purpose, and to ensure that said "key" employees and/or consultants to whom Confidential Information must be disclosed, are sufficiently aware of the confidential nature of said information and comply with the aforementioned conditions;
• (v) not to copy, duplicate and/or record Confidential Information, in any form or using any means whatsoever.
• 2. Confidential Information disclosed to the user internaut will remain the property of O.M.A.R. S.r.l. and the recipient user internaut undertakes to return Confidential Information, together with any copies and/or extracts, immediately upon any request from O.M.A.R. srl, and upon the latter's discretion, to delete said information and provide certification of deletion.
• 3. The disclosure of Confidential Information cannot be explicitly or implicitly taken to mean:
• (i) the granting of a licence for patents, utility models, trademarks, copyright or any other industrial or intellectual property rights;
• (ii) the granting of guarantees or sureties of any nature, with particular reference, without limitation to, the accuracy or completeness of Confidential Information;
• (iii) the granting of a pledge with reference to any product;
• (iv) proposals for business or the granting of pledges which are not specifically provided for;
• 4. The aforementioned will come into effect as of the date in which pdf documents are downloaded;
• 5. In the event of the breach of any of the aforementioned obligations, the user internaut recognises the right of O.M.A.R. S.r.l. to request the immediate payment, upon first written notice, of a penalty of 500.00 for each breach, without prejudice to any greater damages incurred.
• 6. This provision is regulated by the Italian law. Any dispute arising from its breach shall be subject to the exclusive jurisdiction of the Court of Treviso.
9. Rights of the data subject
In your capacity as data subject, you are in the possession of rights specified in art. 15 of the GDPR and specifically the right to:
- obtain confirmation of the existence, or otherwise, of your personal data, even prior to its recording, and its disclosure in an intelligible form;
- obtain the following information: a) the origin of personal data; b) the purposes and methods of processing; c) the method applied in case of processing carried out with the aid of electronic means; d) the identification detail of the data controller and representative (if appointed) pursuant to art. 3, paragraph 1 of the GDPR; e) persons or entities or categories of persons or entities to which personal data may be disclosed, or which may come into the knowledge of said data in the capacity as designated supervisor within State territory;
- obtain: a) the updating, rectification, or when they have an interest in doing so, the integration of data; the deletion, transformation into anonymous form or the blocking of data processes in violation of the law, including those for which conservation is not necessary in relation to the purpose for which data were collected or successively processed, c) certification that operations as set forth under letters a) and b) have been brought to the attention of those to whom data has been disclosed or spread, with reference to content, except for in cases when such notification proves impossible or requires the use of means clearly disproportionate to the right being protected;
- contest in part or fully a) the legitimate processing of personal information regarding him/her, even if it is pertinent to the purpose of its collection b) the processing of personal data which is carried out for the purpose of sending advertising or sales material or for carrying out market research or commercial notification, via traditional marketing methods, namely by phone, emailing and/or postal service. It should be noted that the data subject's right to opposition, as described in paragraph b) here above for marketing purposes, can be exercised only in part and therefore the data subject may decide to receive notifications exclusively via one or more of the aforementioned means. With reference to any processing on the basis of art. 6, paragraph 1, letter a, or article 9, paragraph 2, letter a, the interested party also has the right to withdraw their consent in any way without compromising the lawfulness of processing based on consent granted prior to withdrawal;
- submit a complaint to the Personal Data Protection Authority, without prejudice to any other administrative or jurisdictional action, if they believe that the processing of their personal data is in breach of provisions set forth in EU Reg. 2016/679, pursuant to art. 15 letter f) of the aforementioned EU Reg. 2016/679, has the right to submit a complaint to the Personal Data Protection Authority, for the protection of personal data.
Whenever applicable, they also have the rights specified in articles 16-21 of the GDPR, specified in the following points:
- right to amendment: the data subject has the right to obtain the amendment of data, without any unjustified delay, and their integration;
- right of deletion (right to be forgotten): the data subject has the right to obtain the deletion of data, without any unjustified delay, whenever requirements specified in art. 17 are met;
- right to limitation of processing: the data subject has the right to obtain the limitation of data processing whenever requirements specified in art. 18 are met;
- right to data portability: the data subject has the right to data portability, within the limits specified in art. 20; specifically, the Data Controller will submit you personal data to you, or directly to another Data Controller designated by yourself, in a structured, commonly used and readable format, without prejudice to paragraphs 3 and 4, art. 20 of EU Reg. 2016/679
- right to objection: the data subject has the right to object to the processing of their data at any time, for reasons pertaining to their special situation, without prejudice to limitations and in compliance with instructions set forth in art. 21; specifically you are hereby notified that said objection can be submitted for any of the following reasons:
either for reasons regarding any special situations as provided for in art. 6, paragraph 1, letters e), f)
or for data used to exercise marketing actions (see art. 2.B, SC) of this information statement.
10. Procedures for the exercising of rights
You can exercise your rights at any time by sending:
- a registered letter with return receipt to O.M.A.R. Srl – operating office Spresiano (TV) - 31027 - Italy - via Marmolada Zona Industriale Nord 2;
- an email to firstname.lastname@example.org, specifying "privacy notifications” in the header.
11. Data Controller, Data Processor and appointed persons
The Data Controller is O.M.A.R. Srl – registered office Spresiano (TV) - 31027 - Italy - via Marmolada Zona Industriale Nord 2;
An updated list of Data Processors and appointed persons for processing is available at the Data Controller's operating office in Spresiano (TV) - 31027 - Italy - via Marmolada Zona Industriale Nord 2