Informative pursuant to article 13 of the Regulation (UE) n 679/2016 GDPR

FRANCHINO MARIO DI PAGLIARO GIANCARLO & CO. S.A.S. (later on “franchino.it”) safeguard the privacy of personal informations and ensure them the protection necessary from any event that could put them in danger of violation.

As required from the European Union Regulation n 679/2016 (“GDPR”), and in particular from the article 13, here following there will be furnished to the user (“concerned”) the informations required by the law concerning the treatment of personal informations.

SECTION l

 

Who we are and which informations we treat (art.13, 1 subparagraph lett.a, art.15, lett. b GDPR)

franchino.it / shop.franchino.it in person of his legal representative, located in Domiziana street km 17.500 249 (81034) Mondragone acts as data controller and it is contactable at the address [email protected] and it collect and/or receives the informations that concerns the concerned, such as:

Personal data: Name, surname, address, nationality, city of residence, phone number, fax, tax code, vat number, rea code, email address
Bank data:  IBAN and bank details, PayPal email (apart from the credit card number).
Traffic data: Log, I.P. Address

Franchino.it does not demand at the concerned to furnish “particular” data, which means, according to GDPR (art.9), personal datas that reveal the ethnic or racial origin, political opinions, religious or philosophical beliefs, or the trade union membership, or generic datas, biometric data’s in order to identify with a single voice a physical person, datas regarding the health, sexual life or sexual orientation of the person. In the case that the performance required by franchino.it impose the treatment of those datas, the concerned will receive previously appropriate information and he will be required to consent.

SECTION II

 

Why do we need concerned’s datas (art 13, subparagraph 1 GDPR)

Personal informations are needed by the holder to succeed with the request of registration and the supply contract of the the demanded service and/or the product bought, manage and perform the contact requested given by the concerned, give assistance, respect the legal and regulatory obligations that the holder has to because of his activity. In no case Franchino.it resells personal datas of the concerned to thirds neither uses them for undeclared causes.

 

In particular the concerned datas will be used for:

 

a) Registration and requests of contact and/or informative material

The treatment of personal datas of the concerned happens to make the preliminary activities start to manage informations requests and/or to sell informative material, including the fulfillment of any other duty.

Legal basis of those treatments is the fulfillment of the performances regarding the request of inscription, informations and selling informative material and the respect of legal obligations.

b) The handling of the contractual relationship

The treatment of the concerned personal datas happens to make the preliminary activities start, to manage the order, to provide, deliver the product, to bill and manage the payment, to deal with complaints to assistance service, to prevent fraud and to respect any duty caused by the contract.

Legal basis of those treatments is the fulfillment of the performances regarding the contractual relationship and the respect of legal obligations.

c) Promotional activities equivalent to those bought by the concerned (47 GDPR)

E-mail advertising if you do not subscribe to the newsletter and your right to opt out If we receive your e-mail address in connection with the sale of a product or service and you have not opted out and you are not a consumer who has his habitual residence in Poland, we reserve the right to regularly email you offers for products from our product range that are similar to those you have already purchased. This serves the protection of our legitimate interests in promoting and advertising our products to customers that are overriding in the process of balancing of interests. You can opt out of this use of your email address at any time by sending a message to the contact option specified below or by using the opt-out link in the advertising email, without incurring any costs beyond the cost of transfer calculated at the base rates.

d) Activities of sale promotions regarding services/products different from those bought by the concerned

Concerned personal datas can be treated for sake promotions, statistics and market researches only if the concerned has authorized the treatment and has not refused.

E-mail advertising If you subscribe to our newsletter, we will regularly send you our e-mail newsletter based on your consent according to Art. 6 (1) 1 lit. a) GDPR, using the data required or disclosed by you separately for this purpose.

You may unsubscribe from the newsletter service at any time. For this purpose you can either send a message to the contact option specified below or use the opt-out link in the newsletter. Upon unsubscription, we will delete your email address unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.

Legal basis of those treatments is the consent given by the concerned before the treatment itself, it can be revoked freely and in any moment (look at Section III).

e) Computer security

The holder, as indicated in recital 49 GDPR, uses, even by his suppliers (thirds or receivers), holder personal traffic datas in necessary and proportioned measure to safeguard the security of the information, which means that the capacity of the network to resist at unexpected events or wrongdoing that could compromise the disponibility, authenticity, integrity and the privacy of the personal datas.

The holder will immediately inform the concerned in case of a particular risk of violation of his datas apart from the obligations coming from the art 33 GDPR.

Legal basis of those treatments is the respect of legal obligations and legit interest of the holder to effectuate treatment safeguarding the security of sites and systems of franchino.it

f) Profiling

The concerned personal datas can be treated also for profiling purposes (such as analysis of datas and services/products chosen, suggest publicities and commercial proposes equivalent to the choices made by the users itself) only in the case the concerned has furnished an explicit consent.

Legal basis of those treatments is the consent done by the concerned before the treatment itself, it can be revoked freely and in any moment (look at Section III).

g) Fraud’s prevention (recital 49 and art. 22 GDPR)

– concerned personal datas, excluding the particular (art 9 GDPR) or juridical(art 10 GDPR) ones will be treated to consent controls to manage and prevent fraud by software systems that effect an automatic verification before the negotiation of services/products;

– the negative response of those controls will cause the impossibility of the payment; the concerned can in any case express his opinion, obtain an explication, question the decision giving his reasons at assistance service [email protected]

– personal datas recollected just for fraud reasons, differently from necessary datas for the correct execution of the requested performance, will be immediately deleted at the end of control phases.

h) Child protection

The services/products offered by holder are reserved to subjects legally able, on the basis of national normative, to conclude legal obligations.

The holder, in order to prevent the illegitimate access to his services, applies prevention actions to safeguard his legitimate interest, such as tax code check. And when is necessary to specific services/products the fairness of identifying data released by competent authorities.

SECTION III

 

What does it happen if the concerned does not furnish the necessary data in order to execute the required performance? (Art12, paragraph 2, lett.e GDPR)

The recollection and the treatment of personal data is necessary to complete the required performances and to provide the service and to furnish the required product. If the concerned does not furnish the necessary personal data, the holder will not follow up the treatments linked to the performances management and the consequent obligations.

What does it happen if the concerned does not give the consent to the treatment of personal data for promotional activities regarding products which are different from the bought ones?

If the concerned does not give his consent to the treatment of personal data for those finalities, this treatment will not happen. This will not cause effects on the provision of the required performances and on those for which he gave his consent. If the concerned give his consent and later on he revokes it, his personal data will not be treated anymore. This will not cause any consequence or effect on the required performances.

The way we treat the concerned data (art.32 GDPR)

The holder provides the utilization of appropriate security measures in order to preserve the secrecy, the integrity and the disponibilità of the concerned personal data and it imposes to thirds and editors the same security measures.

The concerned personal datas are kept in paper, computer and digital files in countries in which the GDPR is applied (European countries).

For how long the concerned data are kept? (art.13, paragraph 2, lett.a GDPR)

Unless the concerned asks to remove them, the concerned personal datas will be kept until these will be necessary for the finalities for which they were required.

In particular, these will be kept for the length of his inscription and no longer that a period of 12 months.

If the concerned gives consent to the treatment of personal data for promotions, these data will be kept for 24 months, unless he revokes it.

If the concerned gives consent to the treatment of data for profiling purposes, these will be kept for 12 months, unless he revokes it. If a user forwards to franchino.it personal data not required or not necessary to the esecuto on of the required performance franchino.it can not be considered holder of these data and he will proceed to the delete them as soon as possible

Moreover, personal data will be in any case kept to respect obligations (legal, accounting) which remain even after the end of the contract (art. 2220 c.c.); for those finalities the holder will keep only the data necessary to the fulfillment. This is without prejudice to the cases in which the rights deriving from the contract and/or from the registration of the personal data are to be asserted in court, in which case the personal data of the interested party, exclusively those necessary for such purposes, will be processed for the time necessary for their pursuit.

Which are the concerned rights? (art.15-20 GDPR)
The concerned has the right to obtain from the holder this below:

a) the confirmation that the treatment of his personal datas is or not happening and the access of personal datas and the following informations:

1 finalities of the treatment

2 categories of these personal data

3 recipients or target groups to who personal data will be given, in particular if these are third countries of international organizations

4 if possibile, the expected retention period of personal data or If not possible, the criteria used to determine that period

5 the existence of the concerned right to ask the holder the correction or the cancelation of the personal data or the limitation or the and of the personal data treatment

6the right to complain to an authority

7 if the data are not recollected from the concerned, all the possible informations from their origin

8 the existence of an automated decision-making process, including profiling, and, at least in such cases, significant information on the logic used, as well as the importance of such processing and its expected consequences for the data subjec

9 the existence of an automated decision-making process, including profiling, and, at least in such cases, significant information on the logic used, as well as the importance of such processing and its expected consequences for the data subject

b) the right to obtain a copy of the treated personal data, it this right does not harm others right of freedom, if the concerned asks for more copies the holder can charge a fee based on administrative costs.

c) the right to obtain from the holder the modification of his personal data without undue delay

d) the right to obtain from the holder the cancelation of his personal data without undue delay, if there are the reasons scheduled by GDPR, art.17, such as, for exemple, in the case that they are no longer necessary for the purposes of the processing or if the processing is illegal and the conditions provided for by law always exist; and in any case if the processing is not justified by another equally legitimate reason;

e) the right to obtain from the holder the limitation of the treatment, in the cases predicted by GPDR, art.18. The concerned has to be informed, in due time, also when the period of suspension has come to an end or the cause of the limitation of treatment has ceased to exist, and therefore the limitation itself has been lifted;

f) the right to obtain the information by the holder of the recipients to who the requests of the concerned were sent, unless this is impossible or will require a disproportionate effect.

g) the right to receive personal data concerning him in a structured, commonly used and machine-readable format and the right to transmit such data to another controller without hindrance by the controller to whom he has supplied them, in the vessels provided for in Article 20 of the GDPR, and the right to obtain the direct transmission of personal data from a controller at senior level, if technically feasible.

For any further information and to send requests contact the holder at the address [email protected] In order to ensure that the above rights are exercised by the interested party and not by unauthorized third parties, the owner may request the same to provide any information necessary for the purpose.

How and when the concerned can oppose to the treatment of his personal data? (Art.21 GPDR)

For reasons relative to the concerned personal situation, the concerned itself can oppose in any moment to the treatment of his personal data if it is based on legitimate interest or if it happens for promotional activities, sending the request to the address [email protected]

The concerned has the right to delete his personal data if there is not a legitimate reason of the holder over the one which gave rise to the request, and in any event if the data subject opposed the processing for commercial promotion activities.

To who can the holder lodge a complaint? (Art.15 GDPR)

Excluding any other action in administrative or judicial site, the holder can present a complaint to the competent authority on the Italian territory (Guarantor authority for the protection of personal data) which is to the authority that performs tasks and exercises his power in the state member where the GDPR violation has happened.

Each update or present informative will be communicated promptly and through suitable resources and furthermore it will be communicated if the holder uses concerned personal data for different finalities from those of this informative.

SECTION IV

 

General informations, decommissioning and cookie management

Cookies are data sent by the website and stores from the internet browser in the computer or any other dispositive (for example, tablet or mobile phone) of the user.

Technical cookies and third-party cookies can be installed by our internet website or by sub domains..

Anyway, the usare can manage, which means demand for the general decommissioning or the deletion of cookies, modifying the settings of his personal browser.

This decommissioning, however, could slow down or avoid the access to same parts of the website.

The settings to manage or decommission cookies can change according to the internet browser user, consequently, to have more informations on the modalities to make these operations, we suggest to the user to consult the handbook of his dispositive of the function “help” of his internet browser.

Here it follows the links that explain to the usare how to manage or turn off cookies for the most popular internet browsers:

 

Internet Explorer

Google Chrome

Mozilla Firefox

Opera

Safari

Technical cookies

The use of technical cookies, which are cookies necessary to the transmission of communication on electronic communication network. There cookies are strictly necessary to the supplier to provide the service required by the client, enables the secure and efficient use of our website.

Session cookies could be installed in order to consent the access and the permanence in the reserved area as logged in user..

Technical cookies are essential for the correct operation of our internet website and are used to allow the users the normal navigation and the possibility to benefit from advanced services available on our website.

The technical cookies utilized are session cookie, memorized exclusively for the running time until the browser is closed, and persistent cookies which are saved in the memory of the user device until their deadline or deletion by the user himself. Our website uses the following technical cookies:

 – Technical session or navigation cookies, used to manage the normal navigation and the user authentication;

 – Functional technical cookies, used to memorize customization chosen by the user, such as, for example, the languages;

 – Analytics technical cookies, used to know the way in which the users use our website in order to value and improve his functionality.

Third party cookies

Third party cookies could be installed: they are the analytic and profiling cookies by Google Analytics, Google Doubleclick, Criteo, Rocket Fuel, YouTube, Yahoo, Bing and Facebook. These cookies are sent by internet websites from above mentioned third parts which are external from our website.

Third party profiling cookies are used to create profiles related to the users, in order to purpose advertisements in conformity with the choices expressed by the users themselves.

The use of these cookies is covered by rules made by thir party themselves. For these reasons the users are invited to read the privacy informative and the indications to manage or turn off the cookies in the following web pages:

 

For Google Analytics cookies : privacy policy manage

For Google Doubleclick cookies: privacy policymanage

For Criteo cookies: privacy policy –  manage

For Facebook cookies : privacy policy – manage

For CrazyEgg cookies : privacy policy – manage

For Yahoo cookies: privacy policy

For Bing cookies: privacy policy

For Youtube cookies: privacy policy – manage

Profiling cookies

Profiling cookies can be installed by the holder, through web analytics software. These are used to establish detailed and real time analysis report regarding informations on: web site users, research engines, keywords used, language used, most visited pages.

Profiling cookies can collect informations and data such as IP address, nationality, city, date/time, device, browser, research engine, desktop resolution, origin of navigation, visited pages, time of the visit, number of visits made.