Pursuant to Articles 13 and 14 of Regulation 2016/679/EU (hereinafter "GDPR") PEIMAR S.R.L. (hereinafter "Data Controller") based in Brescia (BS), Via Cefalonia 70 - 25124, in its capacity as "Data Controller", informs you that your personal data collected for the purpose of the conclusion of the contract with the Customer and/or as part of the execution and/or stipulation of the same will be processed in compliance with the aforementioned regulations, in order to guarantee the rights, fundamental freedoms, and dignity of individuals, with particular reference to confidentiality and personal identity. We inform you that if the activities provided to you involve the processing of personal data of third parties in your ownership, it will be your responsibility to ensure that you have complied with the provisions of the legislation with regard to the Data Subjects in order to make their processing by us legitimate.
Origin, purpose, legal basis and nature of data processed
The processing of your personal data, directly provided by you, is carried out by PEIMAR S.R.L. for the purpose of the conclusion of the contract with the Customer and/or as part of the execution and/or conclusion of the same. Likewise, it is possible the occurrence of the processing of personal data of third parties communicated by the Customer to the Company. With respect to this hypothesis, the Customer stands as an autonomous data controller and assumes the consequent legal obligations and responsibilities, holding the Company harmless with respect to any dispute, claim and/or request for compensation for damages from processing that may be received by the Company from interested third parties. In compliance with current legislation on the protection of personal data and without the need for specific consent from the Data Subject, the Data will be stored, collected and processed by the Company for the following purposes:
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- fulfillment of contractual obligations, execution and/or conclusion of the contract with the Client and/or management of any pre-contractual measures;
- fulfillment of any regulatory obligations, tax and fiscal provisions arising from the conduct of business activities and obligations related to administrative-accounting activities;
The legal bases of the processing for purposes a) and b) above are Articles 6.1.b) and 6.1.c) of the Regulations. The provision of Data for the aforementioned purposes is optional, but failure to provide it and refusal to provide it would make it impossible for the Company to execute and/or enter into the contract and provide the services requested by the same. The processing of your personal data is also concerned with the following data, which are necessary for the registration of the user, the facility and the company on the Company's app:
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- User email address;
- Address of the facility and city of its location;
The aforementioned data are collected in order to allow the customer to register on the Peimar S.r.l. app for the purpose of analyzing the energy production of the system and optimizing the technical support service. The legal basis of the processing for the aforementioned purposes is indicated in Article 6.1.a) of the GDPR as the processing is based on consent. The provision of consent for the use of such data is optional and, should the data subject wish to object to the processing of the Data for registration to the Peimar S.r.l. app as well as revoke the consent given, he/she may do so at any time without any consequences (except for the fact that he/she will be precluded from using the app) by following the instructions in the "Rights of the Data Subject" section of this Notice.
Finally, please note that for the processing carried out for the purpose of sending its own advertising material or its own direct sales or for carrying out its own market research or commercial communications in relation to products or services similar to those used by the Customer, the Company may use the e-mail or personal data addresses pursuant to and within the limits allowed by Article 130, paragraph 4 of the Code and the provision of the Guarantor Authority for the Protection of Personal Data of June 19, 2008 even in the absence of explicit consent. The legal basis for the processing of data for this purpose is Art. 6, paragraph 1, letter f) of the GDPR, without prejudice to the possibility of opposing such processing at any time, following the indications present in the "Rights of the Data Subject" section of this Information Notice.
Communication
The data may be communicated to third parties appointed as data processors under Article 28 of the GDPR and in particular to banking institutions, companies active in the insurance field, service providers strictly necessary for the performance of business activities, or consultants of the company, where this proves necessary for fiscal, administrative, contractual reasons or for needs protected by current regulations.
Your personal data, i.e. personal data of third parties in your ownership, may also be communicated to external companies, identified from time to time, to which PEIMAR S.R.L. entrusts the performance of obligations arising from the assignment received to which will be transmitted only the data necessary for the activities requested of them. All employees, consultants, interim and/or any other "natural person" who carry out their activities on the basis of the instructions received by PEIMAR S.R.L., pursuant to Article 29 of the GDPR, are appointed "Data Processors" (hereinafter also "Data Processors"). To the Data Processors or Persons in charge, if any, designated, PEIMAR S.R.L. imparts appropriate operating instructions, with particular reference to the adoption of and compliance with security measures, in order to be able to ensure the confidentiality and security of data. Precisely with reference to the aspects of personal data protection, the Customer is invited, pursuant to Article 33 of the GDPR, to report to PEIMAR S.R.L. any circumstances or events from which a potential "personal data breach (data breach)" may arise in order to allow an immediate assessment and the adoption of any actions to counter such an event by sending a communication to PEIMAR S.R.L. at the contact details indicated below.
The Data will not be disseminated.
This is without prejudice to PEIMAR S.R.L.'s obligation to communicate the data to Public Authorities upon specific request.
Transfer abroad
Data collected are not transferred to servers in countries outside Europe.
Modalities, processing logic, and retention times
Your data are collected and recorded lawfully and fairly for the above purposes in accordance with the principles and requirements of Article 5 c 1 of the GDPR.
The processing of personal data is carried out by means of manual, computerized and telematic tools with logic strictly related to the purposes themselves and, in any case, in such a way as to ensure their security and confidentiality.
Personal Data will be processed by PEIMAR S.R.L. for the entire duration of the assignment and also thereafter to enforce or protect its rights or for administrative purposes and/or to execute obligations arising from the applicable pro tempore regulatory and legislative framework and in compliance with specific legal obligations on data retention.
Rights of the Interested Party
In accordance with, within the limits and under the conditions provided for by the data protection legislation regarding the exercise of the rights of the Data Subjects [1] with regard to the processing operations covered by this Information Notice, as a Data Subject you have the right to request confirmation that a processing of your personal data is or is not taking place, access to the personal data concerning you and in relation to them you have the right to request their rectification, cancellation the notification of the rectification and cancellation to those to whom the data may have been transmitted by our Organization, the limitation of the processing in the cases provided for by the norm, the portability of the personal data - provided by you - in the cases indicated by the norm, to object to the processing of your data and, specifically, you have the right to object to decisions concerning you if they are based solely on automated processing of your data, including profiling. If you believe that the processing operations concerning you violate the rules of the GDPR, you have the right to lodge a complaint with the Guarantor pursuant to Article 77 of the GDPR. If you wish to request further information about the processing of your personal data or for the possible exercise of your rights, you may contact Marco Casale in writing (info@peimar.com).
Data Controller
The data controller, pursuant to Article 4 of the GDPR, is PEIMAR S.R.L., Via Cefalonia 70 - 25124 Brescia (BS) P.IVA: 03416340986 - CF: 03416340986
Data Protection Officer
The DPO (Data Protection Officer) appointed by the Data Controller pursuant to Articles 37 et seq. GDPR can be contacted at the email address privacy@peimar.com
The Data Controller
PEIMAR S.R.L.
30/10/2020
[1] ex Art.12 and Art. 15-22 of Regulation 2016/679/EU.