Information on the processing of personal data pursuant to art. 13 of the 2016/679 EU Regulation
Dear User,
ENERCON S.r.l., with headquarters in Muscoline (BS), Via Fornasina n.60, Cod. Fisc. e P. IVA 00611290982, as Data Controller (hereinafter “ENERCON” or the “Data Controller”) considers the privacy and protection of Personal Data one of the main objectives of its activity.
This document was drawn up pursuant to Art.13 of EU Regulation 2016/679 (hereafter: “Regulation”) in order to let you know our privacy policy; we invite you, therefore, before communicating any personal data to the Data Controller, to read carefully this Privacy Policy because it contains important information on the protection of your personal data.
This Privacy Policy:
– is intended for the website www.enercon.it (hereinafter referred to as the “Site”);
– constitutes an integral part of the Site and the services we offer;
– is provided pursuant to Art. 13 of the Regulation to those who interact with the web services of the Site.
The processing of your personal data will be based on principles of correctness, lawfulness, transparency, limitation of purpose and preservation, minimization and accuracy, integrity and confidentiality, as well as the principle of accountability pursuant to art. 5 of the Regulation. Your personal data will therefore be processed in accordance with the legislative provisions of the Regulation and the confidentiality obligations laid down therein.
By processing of personal data we mean any operation or set of operations, carried out with or without the aid of automated processes and applied to personal data or sets of personal data, such as collection, registration, organization, structuring, storage , adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form of making available, comparison or interconnection, limitation, cancellation or destruction.
INDEX
1. Data controller
2. Personal Data subject to processing
a. Browsing data
b. Data voluntarily provided by the user
c. Third party data voluntarily provided by the user
d. Cookies
3. Purpose of the processing
4. Legal basis and mandatory or optional nature of the processing
5. Recipients of Personal Data
6. Transfer of Personal Data
7. Retention of Personal Data
8. Rights of the interested party
9. Edits
1. Data Controller and Data Processor
The Data Controller is ENERCON, as defined above.
The Data Processor is Mr. Tamburini Daniele (phone + 39-0365-373193; fax + 39-0365-373186), domiciled for this purpose c/o at the registered offices indicated above.
2. Personal Data subject to processing
Subsequent the browsing of the Site, we inform you that ENERCON will process Personal Data that may consist of an identifier such as the name, an identification number, an online ID or one or more elements characteristic of your physical, physiological, psychological, economic identity, cultural or social suit to make the interested party identified or identifiable (hereinafter only “Personal Data”).
The Personal Data processed through the Site are as detailed below:
Browsing data
The IT systems and software proceduresused to operate the Site acquire, during their normal operation, some Personal Data whose transmission is implicit in the use of Internet communication protocols.
This is information that is not collected to be associated with identified interested parties, but which by their very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of the computers used by users who connect to the Site, the addresses in the Uniform Resource Identifier (URI) notation of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and the user’s computer environment.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning, to allow – given the architecture of the systems used – the correct provision of services, for reasons of security and assessment of responsibility in case of hypothetical computer crimes against the Site or third parties; and they are usually canceled after sixty days.
Data voluntarily provided by the user.
The Site offers users the possibility to voluntarily provide personal information through, for example, registration to contact form, request for services, information or quotes, the optional, explicit and voluntary sending of e-mails to the addresses indicated on the Site, etc. This Privacy Policy is also intended for the processing of Personal Data voluntarily provided through the Site.
Third party data voluntarily provided by the user
In the use of some services of the Site, could occur the processing of the Personal Data of third parties that you send to ENERCON. With respect to these assumptions, you are the independent Data Controller, assuming all the obligations and responsibilities of the law.
In this regard, you fully indemnify us against any complaint, claim, request for damages in consequence of the processing, etc. that may reach ENERCON from third parties whose Personal Data have been processed through your use of the functions of the Site in violation of the rules on the protection of the Personal Data applicable.
In any case, if you provide or otherwise processePersonal Data of third parties in the use of the Site, you guarantee from now – assuming all related liability – that this particular hypothesis of treatment is based on an appropriate legal basis pursuant to Art. 6 of the Regulation (lawfulness of processing) which legitimizes the processing of the data in question.
3. Purposes and methods of processing
Your Personal Data will be processed, with your consent where necessary, for the following purposes, where applicable:
a. allow the provision of the requested services (such as, for example but not limited just to : contact request, a “Demo” or a quote, subscription to the Newsletter, request for information or registration to training courses, request for sending documentation or permission to download it from the Site, report abuse, access the reserved area), as well as browsing the Site;
b. to find specific requests addressed to ENERCON;
c. carry out marketing activities, such as to draw up statistics and market research, send informative and promotional material relating to the activities, products and services of ENERCON.
In compliance with the provision of the Authority for the protection of Personal Data “Guidelines on promotional activities and the fight against spam – July the 4th, 2013 [2542348]”, if you decide to give your consent to receive information relating to promotional activities , including market research of the Data Controller, we inform you that these activities can be exercised, as required by current regulations, by paper mail, telephone contacts by operator (“traditional methods”), e-mail, texting and use of social networks (“automated modes”).
We also inform you that at any time you may decide to revoke the previously issued consent for traditional or automated methods, please communicate it to the Data Controller, without any formalities, by writing to info@enercon.it.
If, in any case, you wish to oppose the processing of your data for marketing purposes performed with the means indicated here, you can do so at any time by contacting the Data Controller at the e-mail address info@enercon.it, without jeopardize the lawfulness of the processing based on consent lent before the revocation;
d. create user profiles, analyzing preferences, habits, interests and choices expressed through the use of the Site and the services offered, and, where appropriate, with the use of profiling cookies, in order to send you material and commercial communications and personalized promotions about the services offered by ENERCON (“profiling”);
e. fulfill any obligations under applicable laws, regulations or Community legislation, or satisfy requests from authorities;
f. statistical purposes, without it being possible to trace your identity;
g. carry out direct marketing via e-mail for products and services similar to those requested by you (including: demos, material or documentation downloadable on the Site), except in case of your express refusal to receive such communications, which may be expressed at the request of the services or on subsequent occasions by writing to info@enercon.it.
h. ENERCON will also use Personal Data for administrative and accounting purposes and for the execution of contractual obligations towards users who are part of its customers.
Personal Data sent through the registration procedures for products and services can be processed by ENERCON with automated tools. The possibility for ENERCON to process the aforementioned data in aggregate form, in compliance with the measures prescribed by the Data Protection Authority and by virtue of the specific exemption from the consent envisaged by the same Data Protection Authority, for electronic analysis and processing (eg classification of all customers) in homogeneous categories for levels of services, consumption, spending, etc.) aimed at periodically monitoring the development and economic performance of ENERCON’s activities, to orientate the related industrial and commercial processes, to improve services, and to design and implement commercial communication campaigns.
Specific security measures are observed by ENERCON to prevent data loss, illicit or incorrect use, and unauthorized access.
The processing of Personal Data provided by users may also be carried out by companies, entities or consortia, appointed as Data Processors pursuant to art. 28 of the aforementioned EU Regulation, which, on behalf of ENERCON, provide specific processing services, or related, instrumental or support activities.
4. Legal basis and mandatory or optional nature of the processing
The legal basis of the Personal Data processing for the purposes set out in section 3.a. and 3.b. is the art. 6 (1) (b) of the Regulation (“[…] the processing is necessary for the execution of a contract of which the interested party is a party or for the execution of pre-contractual measures adopted upon request of the same”), as the processing is necessary for the provision of services or for a finding of the requests from the interested party. The provision of Personal Data for these purposes is optional, but failure to provide it would make it impossible to activate the services requested or to find your requests.
The processing performed for marketing purposes described in section 3.c. is based on the issuing of your consent pursuant to art. 6 (1) (a) (“[…] the interested party has given his consent to the processing of his Personal Data for one or more specific purposes”).
The processing performed for the profiling purpose described in section 3.d. is based on your consent pursuant to art. 6 (1) (a) (“[…] the interested party has given consent to the processing of their Personal Data for one or more specific purposes”), which may be collected through specific check-boxes or the banner cookie, or on legitimate interest of ENERCON pursuant to art. 6 (1) (f) (“[…] processing is necessary for the pursuit of the legitimate interest of the Data Controller”).
The provision of your Personal Data for these purposes is therefore entirely optional and does not affect the use of the services. If you wish to oppose the processing of your Personal Data for marketing and profiling purposes, you may, at any time, do so by writing to info@enercon.it.
The processing of your Personal Data referred to in section 3.e. represents a legitimate processing of Personal Data pursuant to art. 6 (1) (c) of the Regulation (“[…] processing is necessary to fulfill a legal obligation to which the Data Controller is subjected”).
Please note that the processing of your Personal Data referred to in section 3.f. it is not performed on Personal Data and therefore can be freely carried out by ENERCON.
The processing of your Personal Data for the purposes described in section 3.g. represents a legitimate processing in accordance with current applicable legislation on Personal Data protection, which does not require your consent. You can object to the processing of your Personal Data for this purpose both when requesting the products and services available on the Site and on subsequent communications by the Data Controller writing to info@enercon.it.
5. Recipients of Personal Data
Your Personal Data may be shared, for the purposes referred to in Section 3 above, with:
a. subjects that typically act as Data Processor, i.e. : i) persons, companies or professional firms that provide assistance and advice to ENERCON in administrative and legal matters, concerning the provision of services; ii) subjects with whom it is necessary to interact for the provision of services (for example hosting providers, including OVH, which acts as Data Processor) or subjects delegated to perform technical maintenance activities (including maintenance of equipment network and electronic communications networks); collectively “Recipients”;
b. subjects, entities or authorities to whom it is mandatory to communicate your Personal Data in accordance with the provisions of law or orders of the authorities or in the case of reports of abuse to investigate complaints and identify the source of messages received from users;
c. persons authorized by ENERCON to process Personal Data necessary to perform activities strictly related to the provision of services, whether they are committed to confidentiality or have an appropriate legal obligation of confidentiality (e.g. employees of ENERCON);
d. business partners when the interested party has given the agreement to do so
6. Transfer of Personal Data
The Data Controller does not intend to transfer your Personal Data outside the European Economic Area.
Personal Data are recorded and stored in electronic databases located in Italy or in countries belonging to the European Economic Area (EEA) and in third countries that guarantee an adequate level of data protection.
7. Retention of Personal Data
Personal Data processed for the purposes referred to in section 3.a. and 3.b. will be kept for the time strictly necessary to achieve those purposes.
In any case, since these are processing carried out for the provision of services, ENERCON will process Personal Data up to the time allowed by Italian law to protect its own interests (Art. 2946 c.c. and ss.).
Personal Data processed for the purposes referred to in section 3.c. and 3.d. will be processed until your consent is revoked.
Personal Data processed for the purposes referred to in Section 3.e. will be kept until the time provided for by the specific obligation or applicable law.
Personal Data processed for the purposes referred to in section 3.g. will be treated until your opposition to this processing.
Further information about the data retention period and the criteria used to determine this period can be requested by writing to the following address: info@enercon.it. In any case, the possibility for ENERCON to keep your Personal Data for the estimated time is allowed and permitted by Italian law to protect its own interests (Article 2947 (1) (3) c.c.).
8. Rights of the interested parties
Pursuant to art. 7 of the Privacy Code and art. 13 GDPR each user has the right to obtain confirmation of the existence or not of his/her Personal Data, even if not yet registered, and their communication in intelligible form.
In particular, the interested party has the right to obtain from ENERCON the following indication:
the origin of Personal Data;
thepurposes and methods of processing;
the logic applied when the data are processed with the use of electronic instruments;
the identity of the Data Controller, Data Processor and the representative designated;
the parties or categories of parties to which the Personal Data can be transferred or which can gain knowledge of them as designated representatives of the State, processing officers, or processors
Furthermore, pursuant to articles 15 and following of the Regulation, you have the right to ask ENERCON, at any time, to access your Personal Data, to rectify or cancel them or to oppose their processing pursuant to art. 21 of the Regulation, you have the right to request the limitation of processing in the cases provided for by art. 18 of the Regulation, as well as obtaining, in a structured format, in common use and readable by automatic device, the data concerning you, in the cases provided for by art. 20 of the Regulation.
Requests should be sent in writing to the following address: info@enercon.it.
In any case, You have always the right to propose a complaint to the competent Control Authority (Garante for the Protection of Personal Data), pursuant to art. 77 of the Regulation, if you believe that the processing of your Personal Data is contrary to the law in force.
9. Edits
The Data Controller may modify or simply update this Site Privacy Policy, in part or completely, also due to changes in the laws and regulations governing this matter and protecting your rights. All the changes and updates to the Privacy Policy will be notified to users on the home page of the Site.
We therefore invite you to regularly visit this section to get to know the most recent and updated version of this Privacy Policy so that you are always updated on the information we collect and on the use we make of it.
COOKIES INFORMATION
In compliance with the Privacy of the Guarantor for the protection of personal data (hereafter,
the “Guarantor”) of the 8th May, 2014 on “Identifying the simplified procedures for the disclosure and the acquisition of consent for the use of cookies” (hereinafter, the “Cookie Policy”), ENERCON S.r.l., headquartered in Muscoline (BS), Via Fornasina n.60, Cod. Fisc. And P. IVA 00611290982- e-mail info@enercon.itintends to inform the user of the following:
the ENERCON site collects information that may concern the user, his/her preferences, or the device for accessing the Internet (computer, tablet or mobile phone) which is mainly used to adapt the operation of the site to the user’s expectations, offering a better browsing experience and to send personalized promotional messages.
Moreover, continuing with browsing, the user automatically consents to the use of cookies in accordance with this “Cookie policy”.
Definitions, characteristics and application of the policy
Cookies are small text files that the sites visited by the user send and record on his/her computer or mobile device, to be then re-transmitted to the same sites at the next visit.
Thanks to cookies, a site remembers the user’s actions and preferences (such as login data, the chosen language, font size, other display settings, etc.) so that they do not have to be re-indicated when the user returns to visit the site or browse from one page to another.
Cookies, therefore, are used to perform computer authentication, monitoring sessions and storing information regarding the activities of users accessing a site and may also contain a unique identification code that allows to track the user’s browse inside of the Site for statistical or advertising purposes.
During browse on a site, the user can also receive on his/her computer cookies from websites or web servers other than the one he / she is visiting (c.d. “third party” cookies). Some operations could not be performed without the use of cookies, which in some cases are therefore technically necessary for the same functioning of the site.
There are various types of cookies, depending on their characteristics and functions, and these can remain on the user’s computer for different periods of time: c.d. session cookies, which are automatically deleted when the browser is closed; c.d. persistent cookies, which remain on the user’s equipment until a pre-established expiry date. According to the legislation in force in Italy, the user’s express consent is not always required for the use of cookies. In particular, “technical cookies”, ie those used for the sole purpose of transmitting a communication over an electronic communications network, or to the extent strictly necessary to provide a service explicitly requested by the user, do not require such consent.
In other words, these are cookies that are essential for the operation of the site or necessary to perform activities requested by the user:
• analysis cookies used directly by the site operator to collect information, in aggregate form, on the number of users and how they visit the site itself,
• browsing or session cookies (to authenticate),
• functionality cookies, which allow the user to browse according to a series of selected criteria (for example, the language, the products selected for purchase) in order to improve the service provided.
For “profiling cookies”- ie those aimed at creating profiles relating to the user and used in order to send advertising messages in line with the preferences expressed by the same in the context of browsing- a prior consent of the user is required instead.
For our Site and other online services we use the following categories of cookies:
1. Essential cookies
These cookies are necessary for the proper functioning of our Site and to use and / or improve the various functions and / or services requested. Without these cookies it would not be possible to manage and automate, merely as an example, user authentication, access to the reserved area of the Site, the content of the shopping cart for online purchases, electronic invoicing, the creation of the process of purchasing an order.
WARNING: by disabling technical and / or functional cookies, the Site may not be available or certain services or certain functions of the Site may not be available or work properly and may be forced to change or manually enter some information or preferences each time you visit the Site.
2. Analysis cookies
These cookies allow us to refine our websites by monitoring and analyzing user behavior, creating their profiles in order to make improvements and facilitate browsing.
For example, analysis cookies can help us to keep track of which pages are visited frequently, what are the user’s preferences, which products have already been viewed to prevent replay, if the advertising that is published on the website is effective or not, if and what difficulties the user encounters in using the site.
In order to analyze how to use websites, ENERCON also makes use of the web analytics service “Google Analytics” provided by Google.
(https://www.google.com/intl/it_it/analytics/learn/privacy.html)
Further information about the Google Analytics service and the procedures to be followed to disable cookies can be found the following links:
http://www.google.com/intl/en/analytics/privacyoverview.html
https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
These data do not allow the user to be personally identified: all the data collected are aggregated and, as such, anonymous.
3. Advertising and behavioral targeting cookies
These cookies are used by ENERCON to collect data on browsing habits and user’s preferences in order to develop a specific profile for customizing the commercial offer, for carrying out market research or distance selling.
Within payment online services these cookies are a valuable tool to allow ENERCON the continuous improvement of the product, the offer of more efficient services and features closer to the real needs of the user.
The user can decide to refuse the use of this category of cookies using the opt-out tool provided in the settings page of your browser, or according to what specified below
4. Third-party cookies and Social media cookies
Our website may allow the use of third-party cookies that may collect information about the user’s movements on Internet and, in particular, in the context of our Site.
These are website or web server cookies other than ENERCON, used for the purposes of these third parties, including profiling cookies. It should be noted that these third parties, listed below with the related links to privacy policies, are normally independent Data Controllers of data normally collected through the cookies they serve; therefore, please refer to their policies regarding the processing of Personal Data, information and consent forms (selection and de-selection of the respective cookies), as specified in the aforementioned Provision.
For the sake of completeness, it is also specified that ENERCON does its utmost to track cookies on its Site. With regard to third parties that send cookies through our Site, we provide links to their respective privacy policies: to these third parties, as already specified, we demand the responsibility of providing the information and collecting your consent, as provided for by the Provision.
This responsibility is to be referred not only to cookies that third parties send directly, but also to any additional cookies that are sent through our Site by virtue of the use of services that the third parties themselves enjoy. In fact, with respect to these cookies, sent by service providers of the aforementioned third parties, ENERCON does not have the possibility to exercise any control and does not know neither their features nor their purposes.
Below are links to information on third-party cookies:
Google: https://policies.google.com/?hl=it
In detail, the cookies sent by ENERCON through the Site are indicated at the following link:
enercon.it/it/privacy-policy
How to view and modify cookies through the Browser
You can authorize, block or delete (in whole or in part) cookies through the specific functions of your browser (c.d. browser): however, in the hypothesis in which all or some of the cookies are disabled, it is possible that the Site results cannot be consulted or that certain services or certain functions of the Site are not available or do not work properly and / or the user may be forced to modify or manually insert certain information or preferences each time he visits the Site.
For more information on how to set preferences on the use of cookies through the browser, you can consult the related instructions:
• Internet Explorer https://support.microsoft.com/it-it/help/17442/windows-internet-explorer-delete-manage-cookies
• Firefox https://support.mozilla.org/it/kb/Attivare%20e%20disattivare%20i%20cookie
• Chrome https://support.google.com/chrome/answer/95647?hl=it&topic=14666&ctx=topic
• Safari https://support.apple.com/kb/PH21411?viewlocale=en_US&locale=en_US
The data collected through cookies will be kept according to their nature: session cookies expire when the user closes the browser, persistent cookies have typical expiration dates that, unless special exceptions, do not exceed 20 days.
These data will be processed exclusively for the aforementioned purposes and may be communicated to subsidiaries, parent companies, affiliates or otherwise connected.
In compliance with the minimum security measures, your data may also be disclosed to public security and other public and private entities for the fulfillment of obligations under the law including tax, administrative, financial and similar. In no case will the data be disseminated.
In compliance with the principles of proportionality and necessity, the data will not be stored for longer periods than those necessary for achieving the aforementioned purposes and, therefore, for the service offered or the specific legal provisions.