Privacy Policy

This privacy policy document, updated with the EU Regulation (GDPR) 2016/679 on the processing of personal data, as well as with the Legislative Decree 181/18 amending the Legislative Decree 196/2003, regulates the way of processing of data collected by a website during navigation by the user.

It has the specific purpose of informing the user about the processing of his or her personal data in accordance with the provisions of the law and the recent EU Regulation 679/2016, which has profoundly modified the regulations.

A website must have a Data Controller. The data controller is the one who has decision-making and organizational power over the processing, as well as deciding how the data is processed, and is the person responsible to the privacy guarantor. Two or more joint controllers may also be appointed. In this case, it is mandatory that the user knows what the competences of each co-owner are, through a link indicating the agreement between them.

The data controller, is supported by the Data Processor. This figure is the one who processes data on behalf of the data controller. This means, that he/she will be a person close to the owner, from whom he/she receives directives on how to handle the data. The Data Processor must be a competent figure who can fully satisfy the security put in place by the Data Controller.

Alongside these two figures is the Data Protection Officer (DPO), who, despite being appointed directly by the owner, is still an individual independent of the owner. The DPO, previously only optional, is now a sometimes mandatory figure under Article 37 of Regulation (EU) 679/2016. This article outlines those who are obligated and those who are exempt. In any case, the DPO is an independent entity and processes data with autonomy. In addition, he is directly responsible and communicates with the privacy guarantor. Ultimately, the designation of the DPO reflects the new approach of the GDPR, toward an empowerment of data processing, being aimed at facilitating the implementation of the regulation by the data controller and the person in charge.

The DPO role is to protect personal data, not the interests of the data controller.

Thus, while the data controller is a figure close to the data controller, the DPO is a much more independent figure who cannot nor should receive orders from the data controller on the effective protection of data.

Going back to the disclosure, the place where the data will be processed must also be indicated, which coincides with the location of the data controller.

Crucially, the purpose of data processing must also be included. In fact, according to the new legislation, the data must be kept for a period suitable for the achievement of the purposes set by the site, and then deleted. Therefore, it is mandatory that the purposes be stated clearly and concisely within the disclosure.

The document must also state the types of cookies that are used on the web page. Cookies are short pieces of information that can be saved on the user's computer when the browser calls up a particular website. With them, the server sends information that will be re-read and updated whenever the user returns to the site.

There are various types of cookies:

  •  Cookies technical: in accordance with the law, these are those used for the sole purpose of "carrying out the transmission of a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or user to provide such service." They are not used for any further purposes and are normally installed directly by the website owner or operator.
  • Cookies third-party: these occur when a third party places cookies on an Internet page. In this case, the user must be informed that there will be cookies from other parties in addition to those on the web page. Typical third-party cookies are those from social networks.
  • Cookies profiling: these are aimed at creating profiles related to the user and are used in order to send advertising messages in line with the preferences expressed by the user when browsing the web. According to the Privacy Guarantor these can be:
  • advertising profiling, i.e., collecting and processing user data for advertising           purposes (e.g., to pass them on to Advertising Dealers);
  • re-targeting activities, consisting of forms of online advertising chosen on the               basis of the user's previous web actions or searches (e.g., Google AdWords);
  • imposed by social networks;
  • statistical activities, managed by third parties (e.g., Google Analytics).

The document should also state whether the site allows plug-ins from social networks and the possible transfer of data to companies located in non-continental nations.

It is also important to mention what the data subject's new rights are under the new European legislation, such as the right to data deletion, data updating, or to object to any data transfer.

Reference legislation

REGULATION (EU) 2016/679 of the European Parliament and Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Legislative Decree 181/18, on "Provisions for the adaptation of national legislation to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)" amending Legislative Decree 196/2003, "Code on the Protection of Personal Data."

Privacy Guarantor's Provision No. 229/2014, on "Identification of simplified procedures for information and acquisition of consent for the use of cookies."