Privacy policy
Release no. 01 – 01st January 2021
What is this Privacy Policy?
The Privacy Policy here provided describes, in compliance with Regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (hereinafter «GDPR»), the processing of personal data of the users accessing the website www.dataprotectionconsultant.it/EN/ which is carried out by Minella Tiziana.
This Privacy Policy does not concern other websites, pages or on-line services which can be accessed through hyperlinks on this website, but which relate to resources outside Minella Tiziana’s domain.
This policy may change with passing of the time, also as a result of amendments and integrations at a legislative level or as a consequence of Minella Tiziana’s institutional purposes and decisions.
Users are invited to periodically read this section to check for updates.
Controller
Minella Tiziana, with registered office in Via Vittoria Colonna 32, 10155 Torino (TO – Italy), VAT IT03152590018, tax code MNLTZN62P54L219G; mob. +39 366.476.13.38 – +39 338.6626635 – @: tizianaminella@dataprotectionconsultant.it; info@dataprotectionconsultant.it; PEC: tizianaminella@pec.dataprotectionconsultant.it (hereinafter, also: «the Controller») is the controller (art. 4, par. 7, GDPR: «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»), pursuant to the GDPR, because she decides in which way and for what purposes, communicated in information to be provided to data subjects, she collects and processes personal data, as well as what means and security measures she implements to ensure the integrity, the confidentiality and the availability of personal data, taking on liability and complying with the provisions laid down in art. 24, GDPR.
Principles of the Controller’s Privacy Policy
a) to carry out the processing (art. 4, par. 2, GDPR: «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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction») of personal data (art. 4, par. 1, GDPR: «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») only for the purposes and with the means explained in information to be provided to the user when accessing a section of the website where you can provide your personal data
b) to use data which have been spontaneously provided by the user
c) to use technical cookies to facilitate the navigation in the website
d) to communicate personal data to third parties if required by law, regulation or EU legislation, as well as to communicate personal data to the competent supervisory authorities and to judiciary to exercise, enforce or defend rights of the Controller or of third parties in court
e) to reply to the requests of access to data, rectification, right to be forgotten, restriction of processing or inform about the right to object to data processing, as well as to inform about the right to lodge a complaint with the competent supervisory authority or to bring a judicial proceeding
f) ensure a correct and lawful processing of personal data, safeguarding confidentiality, as well as apply appropriate preventative security measures to protect confidentiality, integrity and availability of such data.
Type of data processed – purposes of data processing and means of processing – legal basis for the processing – criteria used to collect data
Type of data processed
Visiting this website may result into processing data relating to identified or identified natural persons. Sending messages, on the basis of the user’s free, voluntary, explicit choice, to the Controller’s contact addresses, and filling in and sending the forms made available on the website entail the acquisition of the sender’s contact information – which is necessary to provide a reply – as well as of any and all personal data communicated in that manner. In the same way, voluntarily signing up to the newsletter entails the collection of the user’s e-mail.
Purposes of data processing
Personal data are processed to reply to the requests spontaneously submitted by the user. Information to be provided pursuant to art. 13, GDPR can be read in the single pages where personal data are collected.
Data processing is carried out for the following purposes:
a) to send the newsletter to the users who have signed up to such service
b) to reply to the request of information on the Controller’s services and/or the messages sent by the users
c) to comply with laws, regulations and EU legislation
d) to establish, exercise or defend legal claims, in court proceedings, for the Controller’s or third parties’ rights, as well as to reply to requests by law enforcement, judiciary and public bodies for their tasks of control, assessment and institutional activities.
Means of processing
a) The Controller processes data with automatic means and without any criteria of elaboration and analysis, storing them in its filing systems. Preventative secure measures are applied to prevent data from loss, destruction, alteration (whether by accident or not), unlawful or unauthorised access.
b) Data processing is carried out with criteria connected to the purposes for which data have been collected and in compliance with the security obligations in force, for the purposes specified in information to be provided ex art. 13, GDPR which are presented to the user.
Legal basis for the processing
The legal basis for the processing depends on the purpose of data processing. Here are listed the different legal bases applied for each purpose of processing pursued by the Controller.
a) for the purposes referred to in points a) and b), paragraph «Purposes of data processing», the legal basis is art. 6, par. 1, letter b), GDPR, because data processing is necessary for the performance of 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. Therefore, data processing is necessary for the performance of obligations taken towards the data subject. In the present case, to fulfil the request expressly submitted by the user or to provide the user with the service of interest
b) for the purposes referred to in point c), paragraph «Purposes of data processing», the legal basis is article 6, par. 1, letter c), GDPR, since the processing is necessary for compliance with a legal obligation to which the Controller is subject
c) for the purposes referred to in point d), paragraph «Purposes of data processing», the legal basis is the «legitimate interest» (art. 6, par. 1, letter f), GDPR, Recital 47, GDPR and Opinion 9th April 2014 of Working Party 29, no. 6, art. III.3.1.) of Minella Tiziana or of a third party to establish, exercise or defend a right in judiciary, if it is deemed that the rights are or have been infringed.
Criteria used to collect data
Data required in the forms to be filled in are all mandatory to fulfil the user’s request, but the user is also free to provide other data which are deemed to be useful to better reply to the questions asked. If mandatory data are not provided, the Controller will not be able to give course to the request. Therefore, the user is free to provide personal data requested in contact forms or sent in order to contact the Controller or to sign up to the newsletter, only if these services are of interest of the data subject. The Controller has implemented appropriate organisational and technical measures for ensuring that only personal data which are necessary for each specific purpose are processed, in accordance with art. 25, GDPR («Data Protection by design and by default») which provides that before processing, the controller must implement appropriate technical and organisational measures which are designed to implement data protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of the GDPR and protect the rights of data subjects. In addition, the Controller applies technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed.
Criteria used to determine the period for which data will be stored
Personal data will be stored in the Controller’s filing systems (art. 4, par. 6, GDPR: «any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis») with criteria depending on the category of data, the nature of processing and the purposes of data processing. The criteria or the period of storage are described in information to be provided pursuant to art. 13, GDPR, when data are collected.
As a principle, here are the criteria to determine the period of data storage:
a) for the purpose referred to in point a), paragraph «Purposes of data processing», all data are stored as long as the data subjects are registered to the newsletter. Of course, this period of storage is reduced if the data subject objects to data processing as described in the paragraph «Data subjects’ rights» and the Controller will implement organisational and technical measures so as to erase personal data from its filing systems
b) for the purpose referred to in point b), «Purposes of data processing», all data related to users who have asked for information or sent messages or have contacted the Controller are stored as long as the request is not fully fulfilled, which means that the user may be contacted more times if the request is not completely fulfilled at the first contact. Of course, this period of storage is reduced if the data subject objects to data processing as described in the paragraph «Data subjects’ rights» and the Controller will implement organisational and technical measures so as to erase personal data from its filing systems
c) for the purpose referred to in point c), «Purposes of data processing», the period of data storage is determined by the single national and EU rules and laws governing legal obligations to which the Controller is subject
d) for the purpose referred to in point d), «Purposes of data processing», personal data will be stored for the period necessary to pursue the purpose therein, until the termination of the intended legal claim affecting the Controller or a third party.
After the periods stated above, identification data are destroyed, unless otherwise provided by supervisory authorities, law enforcement or judiciary or for the establishment, exercise or defence of legal claims, if it is deemed that a right of the Controller or of a third party is or has been infringed.
Where data are processed and transfers of personal data to third countries
Processing carried out for the purposes of the performance of services provided by this website takes place at the Controller’s office and stored in its filing systems. It is understood that, if need be, the Controller will have the right to transfer personal data to third countries. In this case, the Controller assures that the transfer will take place in accordance with provisions in force, on the basis of an agreement or contract which ensures an adequate level of protection and/or by adopting the contractual clauses issued by the Decision 5th February 2010 of the European Commission (articles 45, 46, 47 and 49, GDPR).
Processors, persons authorised to data processing, autonomous controllers
a) Personal data are processed directly by the legal representative of the Controller.
b) At present, the Controller has not engaged any processor.
c) Personal data may be processed by autonomous controllers (e.g.: Internet Provider) to carry out activities connected to the management of the accesses to the Internet and to this website.
Communication and dissemination of personal data
Users’ data can be communicated to third parties for different purposes. In the following, cases which imply data communication:
a) data must be communicated to third parties, autonomous controllers, because it is necessary for compliance with laws and regulations. Such communication is allowed without the data subject’s consent, as referred to in «Legal basis for the processing» (art. 6, par. 1, letter c), GDPR)
b) data may be communicated to supervisory authorities, law enforcement and judiciary to establish, exercise or defend a right of the Controller or of third parties. Such communication is allowed without the data subject’s consent pursuant to art. 6, comma 1, letter f), GDPR, as well as pursuant to Recital 47, GDPR and to Opinion 9th April 2014, no. 6 of Working Party 29, par. III.3.1., because it is necessary for the purposes of the «legitimate interests» pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
Data subjects’ rights
You have the right to exercise the right of access, rectification, the right to be forgotten (erasure), restriction of processing, data portability and to object to the processing of your data on legitimate grounds or to unsubscribe to the newsletter. These rights can be exercised by writing to: Minella Tiziana – Via Vittoria Colonna 32, 10155 Torino (TO – Italy) or by sending an e-mail at info@dataprotectionconsultant.it. In the following, the list of your rights:
Right of access (art. 15, GDPR)
The person has the right to obtain confirmation as to whether or not personal data are being processed and so, the data subject has the right to have information on:
a) the purposes of processing (e.g.: reply to messages, sending of the newsletter)
b) categories of personal data (e.g.: contact data)
c) recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
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
e) 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
f) right to lodge a complaint with a supervisory authority
g) where the personal data are not collected from the data subject, any available information as to their source;
h) existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Right to rectification (art. 16, GDPR)
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data. 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.
Right to erasure («right to be forgotten») (art. 17, GDPR)
The person shall have the right to obtain from the controller the erasure of personal data without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
b) the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing (e.g.: own legitimate interest, legal obligations)
c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for marketing purposes or profiling
d) the personal data have been unlawfully processed
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.
Right to restriction of the processing (art. 18, GDPR)
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
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
b) the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
c) 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 defence of legal claims
d) the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
Notification obligation regarding rectification or erasure of personal data or restriction of processing (art. 19, GDPR)
The person has the right that the controller communicates to third parties the rectification or the erasure of data or the restriction of processing if personal data have been communicated to such third parties. This right may not be fulfilled if this proves impossible or involves disproportionate effort.
Right to data portability (art. 20, GDPR)
The data subject shall have the right to receive the personal data which have been provided to a controller, in a structured, commonly used and machine-readable format and the right to have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
a) the processing is based on consent or on a contract stipulated with the data subject or for a third party
and, at the same time:
b) the processing is carried out with automatic means.
The data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
Right to object (art. 21, GDPR)
The data subject shall have the right to object, at any time, to processing of personal data which is based on the purposes of the legitimate interests pursued by the controller or by a third party, including profiling, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. If personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data carried out for such marketing, including profiling to the extend that it is related to such direct marketing.
Automated individual decision-making, including profiling (art. 22, GDPR)
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 or similarly significantly affects the person. This right cannot be exercised where the decision:
a) is necessary for entering into, or performance of, a contract between the data subject and a data controller
b) is authorised 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
c) is based on the data subject’s explicit consent.
The person has the right to express a point of view and to contest the controller’s decision. The Controller does not carry out any profiling activity.
When the Controller must reply
As set out in the GDPR, the Controller shall reply to the person within one month of the receipt of the request, unless complex procedures (o the number of requests is large) are to be put in place and this deadline cannot be respected. In these cases, this period may be extended by two further months, but the data subject has the right to be informed on this delay within one month, together with the reasons for the delay (art. 12, par. 3, GDPR).
How to lodge a complaint with a supervisory authority
The data subject has the right to lodge a complaint with the supervisory authority (Garante per la Protezione dei Dati Personali – Piazza Venezia 11, 00187 Roma (RM – Italy) – www.garanteprivacy.it, e-mail protocollo@pec.gpdp.it, using the format which can be downloaded at https://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524&zx=e0yn0riezmmw) to exercise and defend the right of data protection.
What cookies are and how they are used by this website
Cookies are small text files transferred and stored by your browser on your computer or mobile device when you visit or interact with a website. They are sent from your device to a web server and relate to your use of the network. Consequently, they allow to know the services, the browsed sites and the options selected by the user. This information is not provided, therefore, spontaneously and directly, but it traces the data collected. Data collected through cookies will be used for technical needs, in order to ensure a smoother, immediate and quick access to the website and its services and facilitate browsing to the user. Cookies can be used, with the user’s explicit consent, to create user’s profiles according to the sections of the website or to the action carried out by the user on this website or browsing the Internet.
Session cookies (which are not permanently stored on your device and are erased by closing the browser) are only used to transmit session identification information (random numbers generated by the server), which is necessary to ensure a safe and effective browsing of the website. Session cookies used by this website avoid using other techniques which are likely to be detrimental to the confidentiality of users’ browsing and do not allow the collection of personal data identifying the user.
Conversely, profiling cookies allow knowing user’s browsing on the network and detecting interests, preferences, needs expressed and allow creating marketing campaigns or creating profiles to better customise promotional, institutional and commercial advertisements. The user can always set browser to be informed when a cookie is being received and so the user can decide whether to accept it or not. To find out more on cookie policy, click here.
Browsing data
The information systems and software procedures relied upon to operate this website acquire personal data as part of their standard functioning; the transmission of such data is an inherent feature of Internet communication protocols.
Such information is not collected in order to relate it to identified data subjects, however it might allow user identification after being processed and matched with data held by third parties.
This data category includes IP addresses and/or the domain names of the computers used by any user connecting with this website, the URI («Uniform Resource Identifier») addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error and so on), and other parameters related to the user’s operating system and computer environment.
These data are only used to extract anonymous statistical information on website use as well as to check its functioning; they are erased immediately after being processed. The data might be used to establish liability in case computer crimes are committed against this website.
Security of processing
The Controller applies adequate preventative security measures aimed at protecting confidentiality, integrity, completeness and availability of personal data. In compliance with legislation governing data security, technical, logistics and organisational measures are implemented to prevent damage, losses, whether by accident or not, alteration, improper or unauthorised processing of personal data. In particular, the Controller applies technical and organisational measures aimed at ensuring a level of security adequate to the risk which may affect the rights and freedoms of individuals, including confidentiality of information relating to them. The Controller applies security criteria which include, among others, as appropriate:
a) systems to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services
b) systems to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
c) procedures for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
The Controller shall not be held responsible for untruthful information sent directly by the user (e.g.: correctness of e-mail address), as well as for information which relates to the user and which has been provided by third parties, even with fraud.