INFORMATION PURSUANT TO ART. 13 OF EU REGULATION NO. 679/2016
Specifically with reference to the personal data pursuant to art. 4 no. 1 of EU Regulation no. 679/2016 (hereinafter referred to as the “EU Regulation”) regarding you in your capacity as the “Data Subject” pursuant to art. 4 no. 1 of the EU Regulation, the undersigned DIGICOM S.r.l.(hereinafter “DIGICOM” and/or “Data Controller”) (tax identification number and VAT no. 03488160122), represented by its pro temporelegal representative, with registered office in viale Cadorna, 95, Legnano (MI) - Italy, and PEG PEREGO S.p.A.(hereinafter “PEG PEREGO” and/or “Data Controller”) (tax identification number 00891310153 - VAT no.: 00699280962), represented by its pro temporelegal representative, with registered office in via A. De Gasperi 50, Arcore (MB) - Italy, as Joint Data Controllers pursuant to art. 26 of the EU Regulation with specific and sole reference to the category of data described in art. 1.1. below and the specific processing purposes described in art. 3.1. below, provide you with the following information pursuant to art. 13 of the EU Regulation.
This information is also provided by DIGICOM as the independent Data Controller pursuant to arts. 4 no. 7 and 24 of the EU Regulation, specifically with reference to the processing purposes described in art. 3.2. below.
DIGICOM and PEG PEREGO may also be referred to below jointly as the “Parties” or as the “Joint Data Controllers”, or separately each as the “Data Controller”, the “Party” and/or the “Joint Data Controller”.
1.1.Your data processed pursuant to this disclosure is exclusively categorised as personal data as per art. 4, no. 1) of the EU Regulation, collected and subsequently processed by the Joint Data Controllers, for the fulfilment of the processing purposes described in art. 3.1. below or for the fulfilment, by the independent Data Controller DIGICOM, of the processing purposes described in art. 3.2. below.
2.1.Pursuant to art. 26 of the EU Regulation, with reference to the personal data described in art. 1.1. above and for the processing purposes described in art. 3.1. below, the Joint Data Controller is DIGICOM S.r.l.(tax identification number and VAT no.: 03488160122), represented by its pro temporelegal representative, with registered office in viale Cadorna 95, Legnano (MI) - Italy, which may be contacted at:privacy@digicom.it. Pursuant to art. 37 of the EU Regulation, the Data Protection Officer appointed by DIGICOM is Studio Baldi & Partners (tax identification number and VAT no.: 00734370356), with registered office in via G. Gutenberg 3, Reggio Emilia - Italy, which may be contacted at: privacydpodigicom@baldiandpartners.it.
Furthermore, DIGICOM acts as the independent Data Controller pursuant to arts. 4 no. 7) and 24 of the EU Regulation with reference to the personal data described in art. 1.1. above, processed for the processing purposes described in art. 3.2. below.
2.2.Pursuant to art. 26 of the EU Regulation, the Joint Data Controller with reference to the data described in art. 1.1. above and for the processing purposes described in art. 3.1. below is PEG PEREGO S.p.A.(tax identification number: 00891310153 - VAT no.: 00699280962), represented bypro temporeits legal representative, with registered office in via A. De Gasperi 50, Arcore (MB) - Italy, which may be contacted at: privacydpodigicom@baldiandpartners.it.
2.3.Please note that any changes or updates in the data of the Parties provided above in arts. 2.1. and 2.2. shall be appropriately published on the website of the undersigned Joint Data Controllers.
3.1.With specific and sole reference to the personal data pursuant to art. 4, no. 1) of the EU Regulation relating to users using the application named “Memo Peg Perego” concerning the relative mobile device (hereinafter referred to only as the “App”), DIGICOM and PEG PEREGO have decided to share some of the processing purposes pursuant to art. 4 no. 2) of the EU Regulation of the personal data regarding the data subjects described above. The processing purposes involved are the following:
Due to what is described above, there is a relationship of joint data control between the Parties pursuant to and in accordance with art. 26 of the EU Regulation (“Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or Member State law to which the controllers are subject. The arrangement may designate a contact point for data subjects. The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers”).
3.2.With specific and sole reference to the personal data pursuant to art. 4 no. 1) of the EU Regulation relating to the users using the App, DIGICOM – when the relative data subject pursuant to art. 4 no. 1) of the EU Regulation expresses its consent independently, freely and specifically, in compliance with art. 4 no. 11 of the Regulation – pursues, in its capacity as independent Data Controller pursuant to arts. 4 no. 7) and 24 of the EU Regulation, the following processing purposes:
4.1.The purposes described in point I of art. 3.1. above are categorised as lawful pursuant to point (b) of art. 6(1) of the EU Regulation and, therefore, they do not require your consent. In this regard, the undersigned Joint Data Controllers notify you that your refusal to provide consent to the purposes in question will make it impossible for the Joint Data Controllers to enable your proper and effective use of the App and the services necessarily connected with it.
4.2. The purposes described in point II of art. 3.1. above are included in the category pursuant to point (a) of art. 6(1) of the EU Regulation and, therefore, they require your optional consent. In this regard, the undersigned Joint Data Controllers notify you that your refusal to provide consent to processing for the purposes in question will not have any type of consequence in relation to the processing purposes described in point I of art. 3.1. above.
4.3.The purposes described in point I of art. 3.2. above are included in the category pursuant to point (a) of art. 6(1) of the EU Regulation and, therefore, they require your optional consent. In this regard, DIGICOM notifies you that your refusal to provide consent to processing for the purposes in question will not have any type of consequence in relation to the processing purposes described in points I and II of art. 3.1. above.
5.1.In compliance with point (a) of art. 13(1) of the EU Regulation, the undersigned Joint Data Controllers or DIGICOM as the independent Data Controller (exclusively with reference to the processing purposes described in art. 3.2. above) inform you that your data, as described in art. 1.1. above, may be communicated to third parties for the sole reason of properly fulfilling the purposes described in points I and II of art. 3.1. above or described in point I of art. 3.2. above, or to fulfil regulatory obligations or to pursue the correlated legitimate interests of the undersigned Joint Data Controllers or of DIGICOM in its capacity as independent Data Controller (exclusively with reference to the processing purposes described in art. 3.2. above). If the situation described takes place, the undersigned Joint Data Controllers and/or DIGICOM in its capacity as independent Data Controller (exclusively with reference to the processing purposes described in art. 3.2. above) specify that the third parties will have registered office in the Italian territory or in the European Union or in a “third” country, with the exception of those considered inadequate by the European Commission pursuant to art. 45 of the EU Regulation.
6.1.In compliance with point (a) of art. 13(2) of the EU Regulation, the undersigned Joint Data Controllers notify you that the duration of storage of your data described in art. 1.1. above and processed for the purposes described in more detail in points I and II of art. 3.1. above will coincide with a time period not exceeding that required for the full pursuit of the purposes in question, which may be possibly extended to fulfil legal or contractual obligations or possibly obligations deriving from the need to manage a legal or out-of-court dispute lodged by or against the Joint Data Controllers.
6.2.In compliance with point (a) of art. 13(2) of the EU Regulation, DIGICOM notifies you that the period of storage of your data described in art. 1.1. above and processed for the pursuit of the purposes described in point I of art. 3.2. above will last until you decide to revoke your consent, if provided for the purposes in question.
7.1.The Parties inform you that your data described in more detail in art. 1.1. above shall be processed (for the purposes described in art. 3.1.) with hard copy, electronic, IT or telematic instruments and/or media, with full respect for domestic and European law: in this regard, the Joint Data Controllers specify that the hard copy archives are located at their registered offices, while the servers are located in the European Union.
Moreover, DIGICOM informs you that your data described in more detail in art. 1.1. above shall be processed (for the purposes described in art. 3.2.) with hard copy, electronic, IT or telematic instruments and/or media, with full respect for domestic and European law: in this regard, DIGICOM specifies that the hard copy archives are located at its registered office, while the servers are located in the European Union.
8.1.In compliance with art. 5 of the EU Regulation, the undersigned Joint Data Controllers notify you that your data described in art. 1.1. above shall be processed for the purposes described in art. 3.1. in compliance with the principles expressed in art. 5 of the EU Regulation.
Likewise, in compliance with art. 5 of the EU Regulation, DIGICOM notifies you that your data described in art. 1.1. above shall be processed for the purposes described in art. 3.2. in compliance with the principles expressed in art. 5 of the EU Regulation.
9.1.In relation to your personal data described in art. 1.1. above, the Joint Data Controllers and/or DIGICOM in its capacity as independent Data Controller (exclusively with reference to the purposes described in art. 3.2. above) inform you that you are entitled to exercise the following rights, transcribed here below in full:
Right of access by the data subject(art. 15 of the EU Regulation)
“1. 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: (a) the purposes of the processing; (b) the categories of personal data concerned; (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 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) 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; (f) the 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) 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. 2. 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 pursuant to Article 46 relating to the transfer. 3. 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.4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others”.
Right to rectification (art. 16 of the EU Regulation)
“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”.
Right to erasure (‘right to be forgotten’)(art. 17 of the EU Regulation)
“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: (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 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; (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); (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; (f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1). 2. 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. 3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary: (a) for exercising the right of freedom of expression and information; (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; (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); (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; or (e) for the establishment, exercise or defence of legal claims”.
Right to restriction of processing (art. 18 of the EU Regulation)
“1. 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 pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject. 2. 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 defence 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. 3. 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”.
Right to data portability(art. 20 of the EU Regulation)
“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, where: (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 (b) the processing is carried out by automated means. 2. 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. 3. 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. 4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others”.
Right to object(art. 21 of the EU Regulation)
“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 defence 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”.
Right to lodge a complaint with a supervisory authority(art. 77 of the EU Regulation)
“1. 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. 2. 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 pursuant to Article 78”.
The Supervisory Authority in Italy is the Garante per la protezione dei dati personali - Italian Regulatory Authority for the Protection of Personal Data (www.garanteprivacy.it).
Right to an effective judicial remedy against a supervisory authority (art. 78 of the EU Regulation)
“1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them. 2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the supervisory authority which is competent pursuant to Articles 55 and 56 does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 77. 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established. 4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court”.
9.2.In compliance with art. 12(1) of the EU Regulation, the Joint Data Controllers and/or DIGICOM in its capacity as independent Data Controller (exclusively with reference to the purposes described in art. 3.2. above) undertake to provide you with the communications pursuant to articles 15 to 22 of the EU Regulation in concise, transparent, intelligible and easily accessible form with simple and clear language; this information will be provided in writing or with other possibly electronic means or, at the request of the data subject, verbally, provided the identity of the data subject is proved with other means.
9.3.In compliance with art. 12(3) of the EU Regulation, the Joint Data Controllers and/or DIGICOM in its capacity as independent Data Controller (exclusively with reference to the purposes described in art. 3.2.) inform you that they undertake to provide you with the information relating to the action undertaken with regard to a request pursuant to articles 15 to 22 without unjustified delay and, in any event, at the latest within one month of receipt of such request; this term may be extended by two months, if necessary, taking into account the complexity and number of the requests.
9.4.In order to be able to exercise the rights described above in more detail in this article, you may make use of the contact information provided in art. 2. above.
Arcore, dated 16/07/2019
DIGICOM S.r.l.
(represented by itspro temporelegal representative)
Luciano De Nardis
………………………………………………………………
PEG PEREGO S.p.A.
(represented by itspro temporelegal representative)
Lucio Perego
………………………………………………………………