Personal Data and Privacy

1. Definitions [according to the art. 4 Regulation (EU) 2016/679]

For the purposes of this document:

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;
‘controller’ or ‘data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.
‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed;
‘representative’ means a natural or legal person designated by the controller which represents the controller or processor with regard to their respective obligations under Regulation (EU) 2016/679;
‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 Regulation (EU) 2016/679;

2. Data Controller

Lever Touch s.r.l., via Petrarca, 141 L – 80122 – Napoli (Italy), is the Data Controller [according to the principles set forth in articles 13 and 14 of Regulation (EU) 2016/679] where personal data of the data subject are processed. The data subject is therefore informed that all personal data that is acquired in the framework of present or future business relations shall be classified as personal data processed, according to the above mentioned Regulation. The Controller also provides the following information where personal data management is concerned.

3. Where the data is processed

Lever Touch s.r.l., via Petrarca, 141 L – 80122 – Napoli (Italy).

4. Type of data processed:

– the Art. 4 of Regulation (EU) 2016/679 defines ‘personal data’ any information relating to an identified or identifiable natural person (‘data subject’);
– an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
– the same Regulation (EU) 2016/679 defines ‘processing’ any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
– in addition there are the navigation data, the software procedures that implement the functions of this web site and which could, during the course of normal operative functioning, acquire personal data, the transmission of which is implicit in the use to the protocols of Internet communication. Such information is not gathered in order to be associated with identified persons, given the nature of the data in question however, they could permit the identification of the user in the course of processing and associations with data held by third parties. The data that fall into this category are: IP addresses, domain names of the computers operated by the users who connect to the site, Uniform Resource Identifier addresses for the resources requested, the time of the request, the method used to make the request to the server, the size of the file received in response to the request, the numerical code that indicates the status of the reply received from the server (success of failure of the request) and other parameters referred to the operative system and the environment of the user. These data are only used in order to gather anonymous statistical information on the use of the site and to check that it functions correctly; the data are immediately cancelled after they have been processed. These data could be used to ascertain responsibility in the case of presumed computer crime to the detriment of the site.

5. The ‘objectives’ of data processing.

Personal data is processed for the following reasons:

  1. to carry out business relations with the data subject, either ongoing or future;
  2. to act in accordance with legal requirements in the framework of the above-mentioned business
    relations;
  3. the logistical management of any business relations that are ongoing or under definition;
  4. to comply with regulatory requirements;
  5. protection of contractual rights;
  6. internal statistical analysis with the aim of analyzing consumer habits and choices;
  7. marketing activities by sending, advertising or promotional material relating to the products or
    services derived and / or similar to those of the commercial relationship;
  8. tracing users activities for analysis and profiling or saving preferences and/or credentials.

6. Duration of the data processing.

The data will be processed for the entire duration of the existing business relations and for the following ten years from the date on which the data were acquired. Unless the interested party provides other indications, it is understood that the data will be cancelled from the server at the end of the tenth year.

7. Elective provision of data.

The authorization to process the data is necessary in relation to ‘objectives’ 1 to 6 or to fulfill any purpose related to legal obligations, regulations and Community regulations; the refusal to disclose data to the persons in charge of the controller will also prevent him from fulfilling these obligations and consequently the impossibility of providing the services and / or the services that you have requested. The sending of communications for the purpose referred to in point 7 will be carried out by means of automated tools (e-mail). In relation to the purpose set forth in point 8, client profiling activities for the purpose of analyzing consumer choices and sending commercial communications and targeted offers will take place via electronic communication. The data subject may at any time exercise the right of termination of such communications, also expressing the will to receive communications solely through other means of contact, where provided. Should the data subject fail to provide personal data for the above-mentioned optional purposes will imply the inability to carry out the following activities: marketing and commercial communication via email, personal data communication with the partner and / or third party employees of the controller, marketing and commercial communication and customer profiling activities in order to allow the analysis of consumer choices for sending commercial communications, targeted offers and promotions related to their interests.

8. How data is processed

Data will be processed and archived solely for the purposes above indicated, using paper, automated and telematic supports, inserted into relevant databases (users / customers etc.) and processed with appropriate tools to ensure its integrity, security and the confidentiality of the data itself, in accordance with the provisions of Regulation (EU) 2016/679 and Directive 2002/58/EC. Data may also be disclosed and / or collected by third parties (e.g. data acquisition from processing centers or other companies). They will be appropriately designated to be responsible for the processing of personal data and will be involved in any fulfilment required by the legal relationship in existence or by specific law obligations (e.g.: users, suppliers, consultants, etc.).

9. Social Media Services

The web site could offer access to Social Media Services (Social Networks); it is extremely advisable to be cautious about the dissemination of personal information on any thematic channel by “comments” or ” public post” when using the above-mentioned Social Networks. The terms of use and privacy policies applicable to each of these social media sites published on their sites govern the information provided. Lever Touch s.r.l. does not exercise any control over the use of personal information communicated in a public forum or a commentary area, making the user solely responsible for any disclosure.

10. Data Communication or Dissemination

With reference to the article 5 herein, the controller may only disclose his / her personal data outside his / her structure to those (designated in writing) whose intervention is necessary to perform the services requested by the data subject or by specific regulatory obligations, such as but not limited to:

  • bodies, professionals, companies or other structures designated for the performance of treatment related to the fulfillment of the administrative, accounting and management obligations related to the ordinary business of the Controller;
  • banks, financial institutions or other entities to which the transfer of such data is necessary for the controller’s activities in relation to the fulfillment of the contractual obligations to the data subject;
  •  companies and law firms for the protection of contractual rights;
  •  competent authorities and / or supervisory bodies for the fulfillment of statutory obligations;
  • for purposes no. 3, 4, 5, 6, 7 and 8 of article 5 herein, the data may be communicated to qualified persons working for the controller as well as contractors, associations, self-employed workers etc.;
  • freelancers, professional studios, and consultants who are capable of studying and solving problems related to the execution of services;
  • Public Authorities and Administrations for purposes related to the fulfillment of legal obligations;

11. Rights of the data subject

11.1. General

The data subject (data subject) has the right to obtain confirmation of the existence or not of personal data concerning him, even if they are not yet registered, and their communication in an intelligible form.
The data subject has the right to obtain the indication:

  1. of the origin of personal data;
  2. of the purposes and methods of treatment;
  3. of the logic applied in the case of treatment carried out with the aid of electronic instruments;
  4. of the identification details of the controller, of the persons responsible and of their designated representative;
  5. of the subjects or categories of subjects to which the personal data may be disclosed or who may become aware of it as appointed representative.

11.2. 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.

11.3. Right to erasure (‘right to be forgotten’)

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:

    1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
    2. 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), of Regulation (EU) 2016/679, and where there is no other legal ground for the processing;
    3. the data subject objects to the processing pursuant to Article 21(1) of Regulation (EU) 2016/679 and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of Regulation (EU) 2016/679;
    4. the personal data have been unlawfully processed;
    5. the personal data have to be erased for compliance with a legal obligation in European Union or Member State law to which the controller is subject;
    6. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of Regulation (EU) 2016/679.

11.4. 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:
    1. 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;
    2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
    3. 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 defense of legal claims;
    4. the data subject has objected to processing pursuant to Article 21(1) of Regulation (EU) 2016/679 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 defense 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.

11.5. 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 point (e) or (f) of Article 6(1) of Regulation (EU) 2016/679, 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 defense 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) of Regulation (EU) 2016/679, 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.

11.6. 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:
    1. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
    2. is authorized 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
    3. 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) Regulation (EU) 2016/679, unless point (a) or (g) of Article 9(2) of Regulation (EU) 2016/679 applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

11.7. 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:
    1. the purposes of the processing;
    2. the categories of personal data concerned;
    3. 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 organizations;
    4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    5. 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;
    6. the right to lodge a complaint with a supervisory authority;
    7. where the personal data are not collected from the data subject, any available information as to their source;
    8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of Regulation (EU) 2016/679, 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 organization, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 of Regulation (EU) 2016/679 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.

12. Procedure for the exercise of the rights of the data subject

In order to exercise the rights described in the Section 11 above, the data subject may submit an instance addressed to the controller, by calling +39 081 193 64 358 or sending an email to info@levertouch.com.
The controller shall take appropriate measures to provide any information referred to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be given orally, provided that the identity of the data subject is proven by other means.
The controller shall provide information to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay, and at the latest within one month of receipt of the request, of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
Any information referred to processing of data shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:

  1. charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
  2. refuse to act on the request.

The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
Unless the purposes for which a controller processes personal data do not or do no longer require the identification of a data subject by the controller, where the controller has reasonable doubts concerning the identity of the natural person making the request above referred, it may request the provision of additional information necessary to confirm the identity of the data subject.

13. Personal data breach

  1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.
  2. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.
  3. The communication to the data subject referred to in paragraph 2 shall not be required if any of the following conditions are met:
    1. the controller has implemented appropriate technical and organizational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorized to access it, such as encryption;
    2. the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 2 is no longer likely to materialize;
    3. it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.

Last update: 28/11/2017

The Controller
Lever Touch s.r.l.