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PERSONAL DATA PROCESSING INFORMATION NOTICE PURSUANT TO ART. 13 OF (EU) REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL OF 27 APRIL 2016 (“GENERAL DATA PROTECTION REGULATION”)
- INTRODUCTION: THE ROLE OF CELLULARLINE SPA AND T-DATA S.R.L. IN THE PROCESSING OF PERSONAL DATA COLLECTED THROUGH THE WEBSITES
- IDENTITY AND CONTACT DETAILS OF T-DATA AS THE INDEPENDENT DATA CONTROLLER
- PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF CONCLUDING AND PERFORMING THE PURCHASE AGREEMENT
- PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF CUSTOMER CARE/SERVICE
- PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF PREVENTING FRAUD IN THE EVENT OF PAYMENT BY CREDIT CARD
- PROCESSING OF DATA BY T-DATA FOR ADMINISTRATION/ACCOUNTING AND TAX PURPOSES
- PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF ALLOWING THE USER TO EXERCISE THEIR RIGHTS
- PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS
- CATEGORIES OF SUBJECTS TO WHOM T-DATA DISCLOSES THE USER’S PERSONAL DATA (RECIPIENTS)
- TRANSFERS TO THIRD COUNTRIES
- RIGHT TO OBJECT
- RIGHT OF ACCESS
- RIGHT TO RECTIFICATION
- RIGHT TO ERASURE
- RIGHT TO RESTRICTION OF PROCESSING
- RIGHT TO DATA PORTABILITY
- RESPONSE TIMES AND METHODS IN THE EVENT OF THE DATA SUBJECT EXERCISING THEIR RIGHTS
- RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY
1. INTRODUCTION: THE ROLE OF CELLULARLINE SPA AND T-DATA S.R.L. IN THE PROCESSING OF PERSONAL DATA COLLECTED THROUGH THE CELLULARLINE AND INTERPHONE WEBSITES |
The following information notice is intended for all subjects that make purchases on the following e-commerce websites: cellularline.com/it, audioqualitylab.com/it, interphone.com/it, interphone.com/de, interphone.com/fr, interphone.com/es, interphone.com/uk (individually a “Website” and collectively “Websites”) .The websites are the property of CELLULARLINE SPA (“CELLULARLINE”) which is also the owner of the domain names and trade marks “Cellularline”, “AQL Audio Quality Lab” and “Interphone”.As appointed by CELLULARLINE the websites are managed by T-DATA s.r.l.(“T-DATA”) which sells the products with the trademarks “Cellularline”, “AQL Audio Quality Lab” and “Interphone” promoted on the Websites. T-DATA manages the sales and transactions performed through the Websites (e.g.: management of orders, sale and delivery of products, management of returns and the legal guarantee and other activities necessary for the sale of the products through the Websites).CELLULARLINE provides the services that enable access, browsing and registration on the Websites. CELLULARLINE and T-DATA will process the personal data you provide for registration on the Websites and respectively, for the conclusion of the purchase agreement through the Websites as independent data controllers (individually, an "Independent Data Controller" and collectively "Independent Data Controllers"), in compliance with the provisions of EU 679/2016 (the “Regulation”) and Italian Legislative DecreeNo. 196 of 30 June 2003 (the "Privacy Code"). Specifically:
The processing performed by CELLULARLINE, as the Independent Data Controller, is described in the CELLULARLINE Privacy Information Notice, to which reference is to be made, provided in the footer of the Websites under the link “Cellularline Privacy Information Notice”. This information notice is therefore provided with exclusive reference to the processing performed by T-DATA as the Independent Data Controller. |
2. IDENTITY AND CONTACT DETAILS OF T-DATA AS THE INDEPENDENT DATA CONTROLLER |
T-DATA S.R.L. is the Independent Data Controller of the processing of the data provided by you for the conclusion of a purchase agreement through the Websites, for the purposes as per sections 4, 5, 6, 7, 8 and 9 of this information notice. The identification and contact details of T-DATA are as follows:
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3. PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF CONCLUDING AND PERFORMING THE PURCHASE AGREEMENT |
T-DATA, as the Independent Data Controller, will process your personal data:
The lawful basis for this processing is the performance of the agreement (Art. 6.1.b) of the Regulation). For this purpose, T-DATA will process your data for the time strictly necessary for the performance of the individual processing activities (e.g. the data necessary for the performance of the purchase agreement, until the delivery of the product or, in the event of unsuccessful delivery, until the termination of the agreement), notwithstanding the fact that, after such date, T-DATA may retain the data for the purposes and maximum storage periods specified in sections 4, 5, 6, 7, 8 and 9 of this information notice and/or however, in the cases established by the Regulation and/or by law. Further Information The provision of data for the specified purposes is optional: this means that there is not legal or contractual obligation to provide the data; it is, however, a necessary requirement for the conclusion of the purchase agreement through the Websites; failure to provide the data will therefore imply the impossibility for the user to conclude such agreement and therefore to make purchases through the Websites. |
4. PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF CUSTOMER CARE/SERVICE |
T-DATA, as the Independent Data Controller, will process the users’ data for general customer care and service activities and therefore to provide a response to requests for information from users, i.e. to respond to complaints, reports and objections. The lawful basis for this processing is the performance of pre-contractual measures adopted on request by the data subject (Art. 6.1.b, last paragraph, of the Regulation) or, according to the case, the legitimate interest of T-DATA (Art. 6.1.f) of the Regulation). A legitimate interest of T-DATA is to respond to requests for information and/or reports and/or objections and/or complaints from users of the Websites (to whom T-DATA is obliged to respond, also on the basis of the legislation set out in the Consumer Code).Such legitimate interest of T-DATA also coincides with the legitimate interest of the users of the Websites who make the requests and/or reports and/or objections and/or complaints in question and who, therefore, within the context of the relationship with T-DATA, can be considered to reasonably expect their data to be used by T-DATA in order to provide them with a response. The legitimate interest of T-DATA, thus identified, can therefore be considered to prevail over the fundamental rights and freedoms of the data subject, also because of such reasonable expectations and the relationship existing between the data subject and T-DATA and considering the nature of the processed data and the coinciding interest of the data subjects themselves. In any case, you have the right, at any time, to object to the processing of your personal data for the purposes in question (i.e. customer care and service) for reasons connected with your personal situation. To exercise such right, you can contact T-DATA in the following ways:By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). Further Information In the event of exercising the right to object to the processing of data for customer care/service purposes, T-DATA abstains from any further processing of users’ personal data for such purpose, unless it can demonstrate the existence of compulsory legitimate reasons for proceeding with processing that prevail over the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. The provision of personal data for the purposes in question is optional: this means that there is no legal and/or contractual obligation to provide the data; however, given the purpose of processing, failure to provide data and/or the exercise of the right to object can make it impossible to respond to requests and/or reports and/or complaints and/or objections from users, should the response to such requests imply the processing of the user’s personal data. For these purposes, T-DATA shall process the user’s data for the amount of time necessary for performing the requested activities and, therefore, in particular, for the amount of time necessary for providing the information requested by the user or for responding to complaints and/or reports and/or objections put forward by the user. |
5. PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF PREVENTING FRAUD IN THE EVENT OF PAYMENT BY CREDIT CARD |
T-DATA, as the Independent Data Controller, shall process users’ personal data for the purpose of managing and possibly blocking payment transactions in relation to fraudulent orders, in the event of payment by credit card of the purchases made on the Websites.The data undergoing processing are data related to the order and data of the holder of the credit card used for payment, in the event in which T-DATA requests a copy thereof in order to guarantee secure payment, as indicated in the general conditions of sale that regulate the purchase.The processing in question does not relate to confidential credit card data (card number, expiry date and security code) which, together with the name of the card holder, are acquired directly by the provider of the payment services. The lawful basis for this processing is the legitimate interest of T-DATA (Art. 6.1.f) of the Regulation). In any case, you have the right, at any time, to object to the processing of your personal data for the purposes in question (i.e. prevention of fraud in the event of payment by credit card) for reasons connected with your personal situation. To exercise such right, you can contact T-DATA in the following ways:By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). For the purposes in question, T-DATA shall process users’ personal data for [24 months from collection]. Further Information In relation to the legitimate interest of T-DATA, the user is informed of the following:
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6. PROCESSING OF DATA BY T-DATA FOR ADMINISTRATION/ACCOUNTING AND TAX PURPOSES |
T-DATA, as the Independent Data Controller, will process users’ data for the purpose of fulfilling administrative and/or accounting and/or tax obligations, connected with the purchase agreement concluded through the Websites such as, by way of example, book-keeping and issuing sales invoices. The lawful basis for this processing is compliance with the legal obligations to which T-DATA is subject (Art. 6.1.c) of the Regulation). The provision of data for the purposes in question is compulsory as the processing thereof is necessary to enable T-DATA to fulfil the legal obligations to which it is subject. Any refusal to provide data for this purpose shall imply the impossibility for the user to conclude the purchase agreement through the Websites. For this purpose, T-DATA shall process the user’s data until the expiry of the legal time limits envisaged for the performance of all the administrative/accounting and tax requirements and/or for the storage times envisaged by law for the storage of the related documentation. |
7. PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF ALLOWING THE USER TO EXERCISE THEIR RIGHTS |
T-DATA, as the Independent Data Controller, shall process users’ data in order to:
The lawful basis for this processing is compliance with the legal obligations to which T-DATA is subject (Art. 6.1.c) of the Regulation). Further Information The provision of data for the purposes in question is compulsory as the processing thereof is necessary to enable T-DATA to fulfil the legal obligations and the user to exercise the rights attributed thereto by law or by the agreement.Any refusal to provide data for this purpose shall imply the impossibility for the user to exercise such rights. For this purpose, T-DATA shall process the data until the expiry of the legal time limits envisaged for the exercise of the right (limitation period and/or time limit) i.e., in the event of exercising such rights, for the amount of time necessary for the handling and closure of the case; in the event of exercising the rights envisaged by the Regulation, the data shall be processed until the certification, from the Data Controller, that the request has been fulfilled or until the fulfilment itself, according to which of the two events takes place last. |
8. PROCESSING OF DATA BY T-DATA FOR THE PURPOSE OF THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS |
T-DATA, as the Independent Data Controller, shall process users’ data for the establishment, exercise or defence of legal claims in all the relevant contexts. The lawful basis for this processing is legitimate interest (Art. 6.1.f) of the Regulation). The legitimate interest of the data controller is to pursue remedies in order to guarantee respect for its contractual rights i.e. to demonstrate that it has complied with the obligations deriving from the agreement with the data subject or imposed on the data controller by law. Such legitimate interest is in turn based on the constitutionally protected right to defence. It can be considered to prevail over the fundamental rights and freedoms of the data subject, also because of the reasonable expectations thereof. In any case, the user has the right, at any time, to object to the processing of his/her personal data for the purposes in question (i.e. right to defence/purpose of legal proceedings) for reasons connected with his/her personal situation. To exercise such right, the user can contact T-DATA in the following ways: By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). Further Information It is hereby specified that, in particular, T-DATA shall store and possibly use the data:
It is also specified that:
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9. CATEGORIES OF SUBJECTS TO WHOM T-DATA DISCLOSES THE USER’S PERSONAL DATA (RECIPIENTS) |
The personal data provided by the user may be disclosed by T-DATA to the categories of recipients indicated below. The subjects to which T-DATA discloses the data act as external data processors appointed by T-DATA through a relevant contract (“Data Processors”) or persons authorised to process personal data under the direct authority of T-DATA (“Appointed Persons”) or in the event of third parties called upon by the Data Controller, as “Sub-Processors”, according to Art. 28.4 of the Regulation, except in cases in which the recipient acts as the independent data controller such as, for example, in the case of the Payment Service Provider or couriers. Further Information Users’ personal data may be disclosed by T-DATA to the following categories of recipients:
The list of recipients is available at the T-DATA registered office. |
10. TRANSFERS TO THIRD COUNTRIES |
Users’ personal data are transferred by T-DATA to the following third countries: India. The recipient of such data is Zoho Corporation PVL, LTD, supplier, together with Zoho Corporation B.V., of the Website chat service. In relation to the transfer of data to India, the following is specified:
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11. RIGHT TO OBJECT |
The data subject has the right to object at any time, for reasons connected with his/her particular situation, to the processing of the personal data related to him or her for the purposes set out in sections 4, 5 and 8 of this information notice and based upon the legitimate interest of the data controller. The data subject can exercise the right to object by contacting T-DATA in the following ways: By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). Further Information In the event of exercising the right to object, the data controller abstains from any further processing of personal data, unless it can demonstrate the existence of compulsory legitimate reasons for proceeding with processing that prevail over the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. Return to the summary |
12. RIGHT OF ACCESS |
The data subject has the right to obtain from the data controller (and therefore from T-DATA) confirmation that processing of data relating to him or her is taking place and, in that case, to obtain access to the personal data and information indicated below. The data subject can exercise the right of access by contacting T-DATA in the following ways: By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). Further Information In the event of exercising the right of access, the user can obtain access to the personal data and to the following information:
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer pursuant to Article 46 of the Regulation. 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. |
13. RIGHT TO RECTIFICATION |
The data subject has the right to obtain from the data controller (and therefore T-DATA) the rectification of personal data concerning him or her without undue delay.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 .The data subject can exercise the right to rectification by contacting T-DATA in the following ways [●]. |
14. RIGHT TO ERASURE |
Data subjects have the right to ensure that the data controller (and therefore T-DATA) deletes their personal data without undue delay. The data controller must delete personal data without undue delay if one of the following reasons occurs:
The data subject can exercise the right to erasure by contacting T-DATA in the following ways: By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). Further Information If the data controller has made public the personal data and is obliged to erase them, considering available technology and implementation costs - it adopts reasonable measures, including technical measures, to inform controllers processing personal data of the data subject’s request to delete any link, copy or reproduction of his or her personal data. The right to erasure shall not apply to the extent that processing is necessary:
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15. RIGHT TO RESTRICTION OF PROCESSING |
The data subject shall have the right to obtain from the controller (and therefore from T-DATA) restriction of processing where one of the following applies:
The data subject can exercise the right to restriction by contacting T-DATA in the following ways: By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). Further Information If the processing is restricted, the personal data subject to restriction are processed, other than for storage, only with the consent of the data subject or for the establishment, exercise or defence of legal claims or for safeguarding the rights of another natural or legal person or for reasons of substantial public interest, on the basis of European Union or Member State law. The data subject that has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted. Return to the summary |
16. RIGHT TO DATA PORTABILITY |
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, where:
The data subject can therefore exercise the right in question in relation to the purposes according to the following sections of this information notice: 3. The data subject can exercise the right to data portability by contacting T-DATA in the following ways: By email to info@t-data.it, or by writing to the headquarters of T-DATA S.R.L. Via Strasburgo31, 41011 Campogalliano (MO). Further Information In exercising his/her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall be without prejudice to the right to erasure. The right to data portability shall not adversely affect the rights and freedoms of others. |
17. RESPONSE TIMES AND METHODS IN THE EVENT OF THE DATA SUBJECT EXERCISING THEIR RIGHTS |
The controller shall provide to the data subject information on action taken on a request under Articles 15 to 22 of the Regulation (i.e. right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object) and according to sections 11, 12, 13, 14, 15 and 16 of this information notice (“Rights of 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 means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject. Further Information 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 communications in response to the exercise of the Rights of the Data Subject and actions taken 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:
Where the controller has reasonable doubts concerning the identity of the natural person making the request in relation to the Rights of the Data Subject, the controller may request the provision of additional information necessary to confirm the identity of the data subject. |
18. RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY |
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy. |