Latest Update: 04/07/2019

 

 

PRIVACY POLICY ACCORDING TO THE ARTICLE  13 OF THE GENERAL DATA PROTECTION REGULATION (“GDPR”)

 

 

This privacy notice explains to every website user how MMX Technology Srl obtains and uses his/her personal data and what his/her rights are. MMX Technology Srl. is the Data controller, in accordance with the article 4 of the General Data Protection Regulation, about the “protection of natural persons, with regard to the processing of personal data and on the free movement of such data” (herein after “GDPR”).

 

Definitions

 

“Personal data” (pursuant to the number 1 of the article 4 of the GDPR) 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” (pursuant to the number 2 of the article 4 of the GDPR) 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;

 

Who is the Data Controller? How can I contact the Data Controller?

 

MMX Technology Srl

Registered Office: via Consiglio d’Europa, 38 – 34074 - Monfalcone (GO)

Phone: +(39) 0481 45924

Email: info@mmxtech.eu

 

  1. Categories of processed data

The Data Controller solely processes “personal data” (pursuant to the number 1 of the article 4 of the GDPR).

The personal data processed, using our website, may be, just to give an example:

 

  1. Identification data (name and surname);
  2. Contact data (email, mobile phone, IP address).

 

  1. Lawfulness and data processing purposes

Personal data are processed in accordance with the GDPR and with any other rules concerning the personal data protection. Further more:

 

  • Data processing purpose for compliance with a legal obligation (pursuant to the letter c of the section 1 of the article 6 of the GDPR)
  1. Compliance with obligations laid down by Laws, Regulations and the European Law, or compliance with provisions laid down by Authorities or Supervisors Bodies relating to or however linked to the present or future contractual relationship.

 

  • Data processing purposes covered by the data subject’s consent (pursuant to the letter c of the section 1 of the article 6 of the GDPR)

Personal data may be processed also to pursue specific purposes for which the data subject has given his/her consent. Consent must be given by an unambiguous act made by the data subject, for example also sending an email for the abovementioned purposes. The data processing purposes covered by the data subject Consent are:

 

  1. Responding to a request or answering a question send to the contacts of the Data Controller to receive a quote or information about our products and services and/or about our Company, as well as satisfying, in a successful way, the different requests;

 

  1. Recipient Categories (pursuant to the letter e of the section 1 of the article 13 of the GDPR) *

In relation to the aforementioned purposes, the personal data could be disclosed by the Data Controller to the following subjects:

  • Units and Co-workers of the Data Controller itself;
  • Company and Professional Resources that provide the Data Controller’s website maintenance Service;
  • Supervisors Bodies;
  • Other public administrations and Authorities.

* Recipients / Processors list with additional data useful for the purpose of identification, is available at the Data Controller.

 

  1. Data transfer to extra EU Countries

The Data Controller does not transfer data subjects’ personal data to extra EU Countries

 

  1. Data Retention Period

5.1      In respect of the section 2.1

The data retention period, for compliance with legal obligations, is:

For the data processing purpose, described in the letter a : until the execution of the request ;

This timing may be extended in case of specific law provisions.

Rights of the Data Subjects (pursuant to the letter e of the section 2 of the article 13 of the GDPR)

As possible consequence of failure to collect Data, even if partial, due to Data Subject’s Objection, the Data Controller underlines the impossibility to pursue the Data Processing purposes indicated in this section.

When the collected data are no longer necessary to pursue the aforementioned Data Processing purposes, the Data Controller regularly erases them; if, due to a specific storage modality, their erasure may be impossible or possible only with disproportionate efforts, the data will not be processed and will be stored in not-accessible areas.

 

 

5.2      In respect of the section 2.2

Personal Data can also be processed to pursue specified purposes for which the Data Subject has given his/her consent.

       For the data processing purpose, described in the letter a : until the execution of the request;

Rights of the Data Subjects (pursuant to the letter c of the section 2 of the article 13 of the GDPR)

The Data Subject has the right to withdraw his/her consent at any time.  The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal, without affecting the data retention period laid down by the Law. The withdrawal of consent has only on the way forward effects.

When the collected data are no longer necessary to pursue the aforementioned Data Processing purposes, we regularly erasure them; if, due to a specific storage modality, their erasure may be impossible or possible only with disproportionate efforts, the data will not be processed and will be stored in not-accessible areas.

 

 

  1. Rights of the Data Subjects

The Data Subjects can exercise these following rights laid down by the GDPR:

 

  • Right of access by the data subject [GDPR art. 15] (the right, thanks to which, the Data Subject can be informed about his/her personal data processing and eventually obtaining copy of his/her personal data undergoing processing);

 

  • Right to rectification [GDPR art.16] (the data subject has the right to obtain rectification of inaccurate personal data concerning him or her);

 

  • Right to erasure of personal data concerning him or her without undue delay (“right to be forgotten”) [GDPR art.17];

 

  • Right to restriction of his/her personal data processing in the cases laid down by the GDPR article 18, inter alia in case of unlawful data processing or when the accuracy of personal data is contested by the data subject [GDPR art.18]

 

  • Right to data portability [GDPR art.20], the data subject has the right to receive in a structured form his/her personal data to transmit those data to another controller, in the cases provided by the same article

 

  • Right to object to his/her personal data processing [GDPR art. 21];

 

  • Right not to be subject to a decision based solely on automated processing [GDPR art. 22]

 

The aforementioned rights can be exercised pursuant to the GDPR disposals, also by sending an email to info@mmxtech.eu . Pursuant to the GDPR article 19, the Data Controller communicates to the recipients to whom the personal data have been disclosed: any rectification, erasure or restriction of data processing where it is possible.

When the data processing purpose has consent as legal basis, the data Subject can withdraw at any time his/her consent. The data controller informs you that the consent withdrawal shall not affect the lawfulness of processing based on consent before its withdrawal, without affecting the data retention period laid down by the Law. The withdrawal of consent has only on the way forward effect.

 

  1. Right to lodge a complaint

If the Data Subject considers that his/her rights have been harmed, he/she has the right to lodge a complaint to the Supervisor Authority. In Italy the competent Supervisor Authority is the “ Autorità Garante per la protezione dei dati personali” and it is possible to lodge a complaint using the following link:

      http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524

or by sending a written communication to “Autorità Garante per la Protezione dei Dati Personali” Piazza Monte Citorio 121 -00186 – Rome.

 

  1. Possible consequences of Failure to Provide Data (GDPR art. 13 paragraph 2, letter e)

The Data Controller underlines that, when the data processing has as legal basis a legal obligation or a pre-contractual or contractual obligation, it is necessary that the data subject provides his/her requested personal data.

As possible consequence of failure to collect Data, we have to underline the impossibility to pursue our specific data processing purposes.

 

  1. Automated Individual Decision-Making Processing (including Profiling)

Nowadays the Data Controllers excludes the use of Automated Individual Decision-Making Processing as detailed by the GDPR article 22. If, going forward, the Data Controller decides to establish such processing for single cases, it will be privately notified to the Data Subject if it is laid down by the Law or updating this Privacy Notice.

 

  1. Data Processing Modalities

  Personal Data will be processed in paper and by computer and they will be stored in specific databases (clients, users, exc.) to which only the authorized staff, expressly appointed by the Data Controller as “Authorized to the personal data processing” will be able to access. The authorized appointed persons will be able to carry out consultation, use, disclosure, comparison and any other relevant activity also by automated means, pursuant to the Law Disposal, inter alia, which ensure data’s confidentiality and safety as well as data accuracy, updating and adequacy in relation to the pursued data processing purposes.

Handling of data useful for navigation purposes

 

The computer systems and software procedures used to ensure this website running acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. These are information that are not collected to be associated with identified interested parties, but which, due to their very nature, could, through processing and association with data held by third parties, allow users to be identified.

 

Among the information that could be collected we have: the IP addresses, the type of browser or the operating system used, the addresses in notation URI (uniform resource identifier), the domain name and the addresses of the websites from which the access or exit (referring / exit pages), the time at which the request was made to the server, the method used and information on the obtained response, further information about user's navigation on the site (see also the related section to cookies) and other parameters relating to the operating system and the user's computer environment.

 

 These same data could also be used to identify and ascertain responsibilities in case of any cyberattack against the website.

 

Use of cookies

 

The following information are provided to the users in implementation of provision of the Italian Supervisor Authority for the protection of personal data on the date 8 of May 2014 " Identification of simplified procedures for the disclosure and acquisition of consent for the use of cookies

 

WHAT ARE COOKIES?


Cookies are small text strings that a website can send, while browsing, to your device (be it a PC, a notebook, a smartphone, a tablet, usually stored directly on the browser used for navigation). The same website that has transmitted them is also capable to read and record cookies that are on the same device, in order to obtain information of various kinds. For each type of cookie there is a well-defined role.

 


HOW MANY TYPES OF COOKIES EXIST?

 


There are two basic cookies macro-categories, with different features: technical cookies and profiling cookies.

 
The Technical cookies are generally necessary for the proper running of the website and to allow its navigation; without them you may not be able to correctly view the pages or use some services. For example, a technical cookie is essential to keep the user connected throughout the visit to a website, or to store the language, display, and so on.

Technical cookies can be further distinguished in:

  • navigation cookies, which guarantee the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate to access restricted areas);
  • analytics cookies, similar to technical cookies only when used directly by the site operator to collect information, in aggregate form, about the number of users and how they visit the site.
  • Functionality cookies, which allow the user to navigate according to a series of selected criteria (for example, the language, the products selected for purchase) in order to improve the provided service.

 

The Profiling cookies are more sophisticated because their use allow to profile the user and to send advertising messages in line with the preferences expressed by the user during his navigation.

 

Cookies can still be classified as:

 

  • session cookies, which are immediately deleted when the browser is closed;

 

  • persistent cookies, which - unlike session cookies - remain in the browser for a certain period of time. They are used, for example, to recognize the device that connects to the website facilitating authentication operations for the user;

 

  • first-party cookies or cookies generated and managed directly by the manager of the website on which the user is browsing.

 

  • third-party cookies which are generated and managed by other parties than the operator of the website on which the user is browsing (in force, as a rule, a contract between the owner of the website and the third party)

 

 

 

Which Cookies does this website use?

 

This website uses this kind of cookies:

 

Name

Retention

Type of Cookies

Purposes

_ga

2 years

Technical Cookies

 

to provide website navigation statistics of users

 

_gid

24 hours

Analytics of Google Analytics

web*

_gat

1 minute

 

Finally, here you can easily find the links relating to the most used browser, links which contain the information about the modalities to enable the cookies’ retention and their storage in the browser itself:

 

 

 

Notice concerning Children Younger than 14 years old

 

Children younger than 14 years old cannot express their consent to collect and process their personal data. This website will not be in any way responsible for any collection of personal data, as well as false statements, provided by the child, and in any case, if you notice its use, the Data Controller will facilitate the right of access and erasure forwarded by the legal guardian or by those who exercise parental authority.

 

 

 

Exercise of the rights of the data subject

 

The data subject, in relation to the personal data subject of this privacy policy, shall be entitled to exercise the rights provided for by the EU Regulation below:

 

  • Right of access by the data subject [art. 15 of the GDPR]: the data subject has the right to obtain from the Data Controller confirmation that his personal data is being processed and, in this case, access to the information expressly provided for in the aforementioned article, including the purpose of the processing, the categories of data and recipients, the retention period, the existence of the right of cancellation, correction or limitation, the right to propose a complaint, all the available information on the origin of the data, the exemplary and non-exhaustive any existence of an automated decision-making process pursuant to art. 22 of the Regulations, as well as a copy of their personal data.

 

  • Right to rectification [art. 16 of the GDPR]: the data subject has the right to obtain from the data controller the correction and / or integration of the incorrect personal data concerning him, without unjustified delay;

 

  • Right to erasure (‘right to be forgotten’) [art. 17 of the GDPR]: the data subject has the right to cancel his / her personal data without unjustified delay, if one of the reasons expressly provided by the aforementioned article exists, including as an example and not exhaustive the need for treatment with respect to the purpose, revocation of the consent on which the treatment is based, opposition to the treatment in case it is based on non-prevailing legitimate interest, unlawful data processing, deletion due to legal obligations, data of minors treated in the absence of the conditions of applicability expected by art. 8 of the Regulations;

 

  • Right to restriction of processing [art. 18 of the GDPR]: in the cases provided by art. 18, including the unlawful processing, the contestation of the accuracy of the data, the opposition of the interested party and the loss of the need for treatment by the data controller, the information provided by the data subject must be processed only for storage unless the consent of him and the other cases expressly provided by the aforementioned article;

 

  • Right to data portability [art. 20 of the EU Regulation]: the data subject, in cases where the processing is based on consent and contract and is performed by automated means, he may request to receive personal data in a structured format, commonly used and readable by automatic device, and he has the right to transmit them to another Data Controller;

 

  • Right to object [art. 21 of the GDPR]: the data subject has the right to object to the processing of his / her personal data, in the event that the processing is based on a non-prevailing legitimate interest or is carried out for direct marketing purposes;

 

  • Right not to be subject to a decision based solely on automated processing [art. 22 of the GDPR]: the data subject has the right to be not subjected to a decision, including profiling, based solely on automated processing (for example carried out exclusively through electronic tools or computer programs).

 

 

The description given above does not replace the text of the articles cited here which are referred to.

You can exhaustively and fully read it in the following section “Legal references about rights of data subject “.

 

 

Change and updates

This privacy policy reports the date of its last update in the header.

The Data Controller can make changes, update or additions to this privacy policy also as a consequence of any addendum laid down by legal obligations, EU Regulations, Italian and European law

 

Legal references about rights of data subject

 

Article 15

Right of access by the data subject

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. a) the purposes of the processing;
  2. b) the categories of personal data concerned;
  3. c) 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. d) 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. e) 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. f) the right to lodge a complaint with a supervisory authority;
  7. g) qualora i dati non siano raccolti presso l'interessato, tutte le informazioni disponibili sulla loro origine;
  8. h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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;

 

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 relating to the transfer.

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.

 The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

 

Article 16

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.

 

Article 17

Right to erasure (‘right to be forgotten’)

  1. 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:
  2. a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  3. b) 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), and where there is no other legal ground for the processing;
  4. c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
  5. d) personal data have been unlawfully processed;
  6. e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
  7. f) personal data were collected in relation to information society services, pursuant to the section 1 of the article 8 of the GDPR

 

  1. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
  2. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
  3. a) for exercising the right of freedom of expression and information;
  4. b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  5. c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
  6. d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing;
  7. e) for the establishment, exercise or defense of legal claims.

 

Article 18

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:
  2. a) 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;
  3. b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  4. c) although 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;
  5. d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
  6. 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.
  7. 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.

 

Article 19

Notification obligation regarding rectification or erasure of personal data or restriction of processing

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.

 

Article 20

Right to data portability

  1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, if:
  2. a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
  3. b) the processing is carried out by automated means.

 

  1. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
  2. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  3. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

 

Article 21

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), 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), 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.

 

 

Article 22

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:
  3. a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
  4. b) 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;
  5. c) is based on the data subject's explicit consent.
  6. 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.
  7. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.