Communication to the Data Subject according to the terms of art. 13 of Italian Legislative Decree no. 96/2003
To the "Data Subject"
this communication aims at informing you that the Italian Legislative Decree no. 196 dated June 30th, 2003 ("Data protection code") provides for the protection of people and other subjects in the matter of treatment of personal data; our Company is engaged in the management of Databases of economical activities and, along with the other companies within the group, provides services based on the gathering, processing, analysis, selection, comparison, inter-connection and diffusion of data concering businesses (corporate entities) and other economic operators and natural persons related.
According to the a.m. decree, the treatment of data has to be characterized by correctness, lawfulness, transparency and safeguard of your discretion and your rights.
Therefore, according to the terms of art. 13 of Italian Legislative Decree no. 196/2003, we provide you the following information :
1) PURPOSE OF THE HANDLING OF PERSONAL DATA : the handling of your personal data that we propose to undertake will have the following purposes which fall within the scope of our Company's objects:
A. the building of data banks for commercial purposes, in both paper and electronic form, the building of data banks for suplying commercial information and providing advice to our customers; the carrying out of studies and of statistical and market research and surveys; direct marketing activities; promotional activities of our services and products by means of sending of e-mails and informative booklets as well as invitations to events; activities of selling and placement of products and services both on our behalf and for our customers.
B. Pre-contractual and contractual agreements in which the Data Subject might be co-binded and for which the Customer stated the purpose of his request for : the granting of a credit; enrollment in the register of agents/distributors; setting up of partnerships; credit management for the prevention of frauds linked to the evaluation of risks and market analysis.
C. Reports for legal requirement, both in a pre-judicial and in a judicial stage in which the Data Subject might be co-binded and the Customer delegated Eurocredit in collecting data and analysing the commercial behaviour, informing us of the origin of the obbligation and the related aim.
D. Reports supporting judicial proceedings in which the Data Subject might be part of or witness and the Customer/Defender delegated us to the search and prove facts and circumstances. As a further form of guarantee, it is useful to stress that Eurocredit has been granted the following licences : Prefecture licence according to the terms of art. 134 R.D. 18.6.1931 no. 773 (TULPS) and to the terms of art. 222 CPP for economic and evaluation activities (rating and economic reliability) and investigations in the civil and criminal field aiming at ascertain illegal and fraudolent behaviours; enrollment to R.O.C. (Registro Operatori Comunicazione) for publishing activities no. 8448 dated 5/2/2003. Such permits and licences bind Eurocredit to several fulfillments among which enrollments and controls aiming at securing the Data Subject and so the legality and lawfulness of the access to our informative systems.
2) DATA HANDLING : in connection particularly with the purpose of commercial information, the handling of data will be aimed at sending our customers reports on persons and companies; the handling will be done by the se of paper, electonic or telecommunications media, including the use of suitable devices for connecting our customers to our data banks for the provision of on-line information servicessubject to a recorded and binding undertaking by the customer only to use it internally. Analysis and controls on economic transactions may also imply a comparison with data held abroad and the classification of customers in ranges according to the type and amount of purchases and/or puncutality in payments. Comparisons will also be made to statistical mathematic models.
3) MANDATORY or VOLUNTARY NATURE OF DATA RELEASE - CONSEQUENCE OF A DENIAL TO RESPOND. The data that the Data Subject will voluntary release are optional and any non-response or partial response to the questionnaire or interview have no bearing but for the communication to our Customer that might involve the partial or complete resolution of the contract.
4) SUBJECTS TO WHOM YOUR DATA CAN BE DISCLOSED : the providing of information and advice to our customers will be done by Eurocredit on the condition, binding on our customer, that is is only used internally, with no further disclosure to other parties. Such information may in addition be communicated : - to our Agents and/or business scouts commissioned by us for marketing activities;- to companies belonging to our Group;- to parties who are sent the data not for their information but on the contrary so that they may carry our particular processing stages commissioned by us. The disclosure scope is limited to the territories provided for by the law.
5) HANDLING OF "SENSITIVE DATA" UNDER LIMITS SET BY THE GARANTE. By "sensitive data" it is meant all personal data allowing the disclosure of racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organizatons of a religious, philosophical, political or trade-unionist character, as well as personal data disclosing health and sex life. Our activities do not necessarily require the systematic collection and handling of "sensitive data"; yet , in case some personal data fall into the category of "sensitive data" we inform you that those data will not be communicated or disclosed, they will not be used for other handling and will be cancelled/destroyed immediately as soon as they will no longer be useful to the carrying out of our job. All that according to the terms of general licences released to our category by the Garante, with acts no. 1-5-6-7 dated 31.1.2003.
6) SUBJECT ENTITLED TO THE DATA HANDLING : we inform you that owner of our informative system is "Eurocredit SpA" with legal seat in Milano - Via Piolti de' Bianchi 4, - C.F. 03844090633 in the person of the pro-tempore Chairman of the BoD and any change or integration wil be made public at once on our website www.eurocredit.it in the section "privacy". Responsible for the informative handling is "ADC Diskont International Co. Srl" located in Portici (NA) - viale Ascione, 12 C.F. 05328060636.
7) ORIGINS OF DATA. Our sources are : 1) Public Institutions such us : -Infocamere - Società Consortile Informatica delle Camere di Commercio Italiane) –Ministry of Finance - Tax Authorities - SISTER; -ISTAT; -Judicial offices/Courts; -Municipal officies; -other public registers; 2) customers ; 3) the Data Subject and/or third parties; 4) the media; 5) press agencies/portals 6) websites.
8) RIGHTS OF THE DATA SUBJECT : the Data Subject can exercise his/her rights towards the owner of the data handling according to the terms of the art. 7 of the Legilsative Decree 196/2003, that we quote here entirely for your convenience :
Legislative Decree no. 196/2003 art. 7 - Data subject's rights and other rights.
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.
2. A data subject shall have the right to be informed a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning data controller, data processors and the representative designated as per Section 5 (2); e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State's territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the right to obtain a) updating, rectification or, where interested therein, integration of the data;; b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part a) on legitimate grounds, to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market commercial communication surveys.
