Privacy Notice on personal data processing according to Article 13 GDPR to customers
please read carefully this privacy notice on personal data processing according to Article 13 of General Data Protection Regulation No. 679/2016 (hereinafter “GDPR”) that includes the details related to the personal data collected and processed by Van Berkel International S.r.l. in relation to the cooperation and execution of the agreement with Van Berkel International S.r.l.
This privacy notice is given to contact personnel belonging to the organizational structure of Your Company and who trades with Van Berkel International S.r.l.
1. Subjects involved in processing activities
1.1. Data Controller
The Data Controller is Van Berkel International S.r.l. with registered office at Oggiona con Santo Stefano (VA), Via Ugo Foscolo n. 22 (Italy), V.A.T. no. 08688960965 (hereinafter the “Data Controller” or “Berkel”) that can be contacted at the following e-mail address: email@example.com.
1.2. Recipients of your persona data
• persons authorized by the Data Controller that are committed to/ or under an appropriate statutory obligation of confidentiality;
• business partner that Berkel uses in order to perform the services and/or to sell its products;
• subjects delegated and/or appointed by the Data Controller to carry out activities related to the purposes specified below rightly appointed as data processor;
• persons, companies or professional firms that provide assistance to the Data Controller, appointed, where necessary, as data processor;
• subjects, bodies or authorities to whom the communication of your personal data is mandatory pursuant to the provisions of law or orders of the competent authorities;
• third parties involved in the performance of activities strictly related or linked to the conclusion and/or execution of extraordinary transaction;
• other group company.
Your personal data will not be transferred outside the European Economic Area.
1. Personal data processed
The Data Controller collects and processes the personal contact details (e.g. name, surname, e-mail address, telephone number) necessary to pursue and fulfill the obligations set forth in the agreement and/or the business relationship with Berkel.
Berkel informs you that during the procedures concerning the solvency analysis, through credit control and credit risk analysis, the Data Controller could process personal data (name, date of birth, residence) related to the corporate bodies members of your company through the reports forwarded by the specialized companies used by Berkel.
2. Purposes and legal basis
Your personal data could be processed by the Data Controller for the following purposes:
a) perform any necessary administrative obligation in order to conclude the agreement and/or execute the related services;
b) determine the solvency levels of the subject in order to evaluate whether establish a business relationship;
c) forward commercial information related to products and/or services similar to the products and/or services previously purchased (Soft spam).
d) forward promotional communications in compliance with the "Guidelines on Marketing and against Spam - 4 July 2013 " issued by the Italian Data Protection Authority (i.e. the Italian Garante per la protezione dei dati personali), if you express your consent to receive information concerning promotional activities, including market research, of the Data Controller. The Company informs you that such activities can be exercised, as required by current regulations, by means of paper mail, operator-assisted calls ("traditional methods") , e-mail, texting, push notifications and use of social networks ("automated methods") (“direct marketing”);
e) ensuring compliance with legal obligations, regulations and European regulations;
f) ascertain, exercise or defend a right in judicial proceedings or whenever the judicial authorities exercise their jurisdictional functions;
g) Allowing the Data Controller to conclude a potential merger, transfer of assets, transfer of company or branch of company by disclosing and transferring your personal data to the third party involved;
The legal basis of processing for purposes as per 3 (a) is the necessity to perform a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract according to art. 6 (1) (b) GDPR. The performance of such activity does not require your consent.
The legal basis of the processing for the purposes as per 3 (b), (c), (f) and (g) is the legitimate interests pursued by the Data Controller according to art. 6 (1) (f) GDPR. With regard to soft spam activities, please consider that you may at any time request not to receive such communications contacting the Data Controller in accordance with paragraph 5 below.
The legal basis of the processing for the purposes as per 3 (d) is your consent according to art. 6 (1) (a) GDPR. Failure to give your consent does not affect the performance of the service. The consent is freely given and you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
The legal basis of the processing for purpose as per 3 (e) is the necessity to comply with a legal obligation to which the Data Controller is subject according to art. 6 (1) (c) GDPR.
3. Retention period
Your personal data will be stored by paper and electronic means and for the period strictly necessary to pursue the purposes as per paragraph 3 above.
Your personal data will be processed in order to perform the agreement and/or the business relationship with Berkel, without prejudice to the legal obligations to which the Data Controller is subject, beyond the time allowed by Italian law to protect its interests from possible complaints.
The personal data processes in order to verify the solvency levels of the subject in order to evaluate whether establish a business relationship will be processed for the period strictly necessary to perform such activities.
Your personal data for soft spam purposes will be processed until you oppose to this processing.
With reference to the direct marketing processing your personal data will be stored until you withdraw your consent, without prejudice to the Company’s interest to demonstrate full compliance to its obligations related to your request.
With reference to the processing activities carried out for the purposes as per 3 (f) and (g) your personal data will be processed for the period strictly necessary to allow the Data Controller to verify, exercise or defend a right before a court or whenever the authorities exercise their jurisdictional functions and / or carry out any extraordinary transactions involving Berkel and related activities.
4. Exercise of your rights and withdraw of your consent
You have the right, at any time, to request to the Data Controller access to, rectification, erasure, to object to relevant processing activity. According to art. 18 GDPR you are entitled to ask for restriction of the processing concerning your personal data or and to receive in a structured, commonly used and machine-readable format the personal data concerning you, in accordance with art. 20 GDPR.
At any time, you can withdraw your consent for marketing purposes forwarding an e-mail to firstname.lastname@example.org.
With reference to soft spam activities, you are entitled at any time to request not to receive such communications by using the "Unsubscribe" link put at the bottom of each communication.
If You need further information or exercise your rights, you must sent your request to the following address: email@example.com.
In any case, pursuant to the applicable data protection laws, you have the right to lodge a complaint with the relevant supervisory authority (the Italian “Garante per la protezione dei dati”) if you believe that the processing of your Personal Data is against the applicable law.