Inglesina - Privacy

INFORMATION PURSUANT TO ART. 13 OF EU REGULATION NO. 679/2016 CONCERNING THE PROCESSING OF PERSONAL DATA OF THE APP USER

With specific reference to personal data pursuant to art. 4 no. 1) of EU Regulation no. 679/2016 (hereinafter "EU Regulation") that concern you as an "interested party" pursuant to art. 4 no. 1) of the EU Regulation, the undersigned B810 S.p.A. (Internal Revenue Code and VAT Code: 03488160122) (hereinafter referred to as "B810" and/or the "Controller"), in the person of its pro tempore legal representative, with registered office in Reggio Emilia (RE), Via E. Lazzaretti n. 2/1, and the writer L'INGLESINA BABY S.p.A. (Internal Revenue Code and VAT Code: 02090610243) (hereinafter referred to as "INGLESINA" and/or the "Controller"), in the person of its pro tempore legal representative, with registered office in Altavilla Vicentina (VI), Via Lago Maggiore, 22/26, as Joint Data Controllers pursuant to Article 26 of the EU Regulation with specific and sole reference to the category of data best illustrated in Article 1 below and to the specific processing purposes best illustrated in Article 3 below, provide you with the following information pursuant to Article 13 of the EU Regulation.

B810 and INGLESINA may be indicated below jointly as the "Parties" or as the "Joint Controllers" and/or "Joint Controller", or separately as the "Controller" and/or the "Party".

1. Nature and type of your data collected and processed.

1.1. Your data subject to processing as described in this statement fall exclusively into the category of so-called personal data pursuant to Article 4 no. 1) of the EU Regulation, collected and subsequently processed by the Joint Controller, for the proper use of the App and related services by the User.

2. Information on the B810 and INGLESINA Joint Controllers.

2.1. With regard to the technical management of the App, including the choice of the computer systems that can be used and the relative technical and organisational security measures that can be applied for the protection of personal data, as better illustrated in art. 1.1 above, the Joint Controller of data pursuant to Article 26 of the EU Regulation is B810 S.p.A. (Internal Revenue Code and VAT Code: 03488160122), in the person of its legal representative pro tempore, with registered office in Reggio Emilia (RE), Via E. Lazzaretti n. 2/1, which can be contacted by you at the following address: privacy@B810.it; the Data Protection Officer pursuant to Article 37 of the EU Regulation appointed by B810 is Studio Baldi & Partners (Internal Revenue Code and VAT Code: 00734370356), with registered office in Reggio Emilia, Via G. Gutenberg, 3, which can be contacted by you at the following address: privacydpob810@baldiandpartners.it

2.2. With regard to the distribution of the App, the relationship with users and the relative organisational security measures applicable for the protection of personal data, better illustrated in Article 1.1 above, the data Joint Controller pursuant to Article 26 of the EU Regulation with reference to the data better illustrated in Article 1.1 above is L'INGLESINA BABY S.p.A. (Internal Revenue Code and VAT Code: 02090610243), in the person of its pro tempore legal representative, with registered office in Altavilla Vicentina (VI), Via Lago Maggiore, 22/26, which can be contacted by you at the following address: privacy@inglesina.com.

2.3. We inform you that any changes or updates to the data relating to the subjects mentioned above in Articles 2.1. and 2.2. of this statement will be properly published on the website of the undersigned Joint Controllers.

3. Purpose of treatment.

3.1. With specific and unique reference to personal data pursuant to Article 4 no. 1) of the EU Regulation referring to users of the App and related services, B810 and INGLESINA have decided to share some of the purposes of processing pursuant to Article 4 no. 2) of the EU Regulation on personal data, which generally consists in the correct and effective use by the User of the App and related services: to this end, B810 and INGLESINA have agreed to share their functions, consisting, as far as the former is concerned, in the technical management of the App, while, as far as the latter is concerned, in the destruction of the App and in the relationship with its users. Due to the above mentioned processing purpose shared by B810 and INGLESINA, there is a joint control relationship between the Parties pursuant to and for the purposes of Article 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. In accordance with Article 5 paragraph 1 letter b) of the EU Regulation, your personal data better described in art. 1.1 above will be collected and subsequently processed by the Joint Controllers, to meet the following specific purposes, aimed at a correct and effective use, by the User, of the App and related services:

a) provision of an alarm service to help prevent the child from leaving the car;

b) technical management, provision of warranty and maintenance services for the Ally Pad device and the App, as well as for monitoring activities regarding the operation of the App itself;

c) statistical analysis, in anonymous form, of the uses made of the App and the way in which it operates;

d) geolocation and/or tracking activities.

3.3. In accordance with Article 5 paragraph 1 letter b) of the EU Regulation, your personal data better described in Article 1.1 above will be collected and subsequently processed exclusively by INGLESINA to meet the following purposes:

e) marketing and/or advertising activities, to be carried out, even in automated form, by means of different methods such as sending newsletters, text messages, ordinary mail, internet messaging, communications relating to products and special offers, information on services offered, activities and events organized by L'Inglesina Baby S.p.A.

4. Conditions of lawfulness of treatment

4.1. The purposes better illustrated in letters from a) to c) of the previous Article 3.2. fall within the cases of lawfulness pursuant to Article 6 paragraph 1 letter b) of the EU Regulation and, therefore, do not require your consent: in this regard, the undersigned Joint Controllers inform you that your possible refusal to consent to the processing purposes illustrated in letters from a) to c) of the previous Article 3.2. will determine the impossibility, on the part of the Joint Controllers, to correctly perform the tasks and powers assigned to them and directly or indirectly related to the purposes referred to in letters a) to c) of Article 3.2 above.

4.2. The purpose better illustrated in letter d) of the previous Article 3.2. falls within the hypothesis of Article 6 paragraph 1 letter a) of the EU Regulation and, therefore, requires your optional consent: in this regard, the undersigned Joint Controllers inform you that your refusal to consent to the processing for the execution of the purpose in question does not determine any type of consequence in relation to the processing purposes better described in letters a) to c) of the previous Article 3.2.

4.3. The purpose better illustrated in letter e) of the previous Article 3.3. falls within the hypothesis of Article 6 paragraph 1 letter a) of the EU Regulation and, therefore, requires your optional consent: in this regard, INGLESINA informs you that your refusal to consent to the processing for the processing of the purpose in question does not determine any type of consequence in relation to the processing purposes better described in letters a) to d) of the previous Article 3.3.

5. Recipients of your data collected and processed by the Joint Controllers or separately by INGLESINA for the purposes referred to in letter e) of Article 3.3 above,

5.1. In compliance with Article 13, paragraph 1, letter a) of the EU Regulation, the undersigned Joint Controllers inform you that your data better described in the previous Article 1.1. will not be communicated, for the execution of the purposes referred to in letters a) to d) of the previous Article 3.2., to third parties, except for the hypothesis of communication, towards third parties, where it is necessary to comply with regulatory obligations or for the pursuit of the so-called legitimate interests of the undersigned Joint Controllers, such as for example demonstrating the regularity of the service provided. In the event that this last hypothesis occurs, the undersigned Joint Controllers specify that the third parties will be based in Italy or within the European Union or in a third country, except for those considered inadequate by the European Commission, pursuant to Article 45 of the EU Regulation.

5.2. In compliance with Article 13, paragraph 1, letter a) of the EU Regulation, INGLESINA hereby informs you that your data, better described in Article 1.1 above, will not be communicated - for the purposes referred to in Article 3.3, letter e) above - to third parties, except in the case of communication, to third parties, where this is necessary to comply with legal obligations or to pursue the so-called legitimate interests of INGLESINA, such as, for example, demonstrating the regularity of the service provided. In the event that this last hypothesis occurs, INGLESINA specifies that the third parties will have their headquarters in Italy or within the European Union or in a third country, with the exception of those considered inadequate by the European Commission, pursuant to Article 45 of the EU Regulation.

6. Data retention period.

6.1. In compliance with Article 13, paragraph 2, letter a) of the EU Regulation, the undersigned Joint Controllers inform you that the storage period of your data better described in Article 1.1 above will coincide with a period not exceeding the achievement of the purposes better described in letters from a) to d) of Article 3.2 above, possibly extended in order to fulfil legal or contractual obligations or possibly arising from the need to manage a judicial or extra-judicial dispute brought by or against the Joint Controllers.

6.2. In compliance with Article 13, paragraph 2, letter a) of the EU Regulation, INGLESINA informs you that the storage period of your data, better described in Article 1.1 above, will last until you decide to revoke your consent to the processing for the purpose better described in letter e) of Article 3.3 above.

7. Treatment methods.

7.1. The undersigned Joint Controllers inform you that your data, better illustrated in Article 1.1 above, will be treated with paper, electronic, computer or telecommunication instruments and/or supports, in full respect of the national and European law.

7.2 The aforementioned data may be accessed by the internal staff of both the Joint Controllers, provided that they are directly involved in the performance of activities related to the purposes indicated above, and only to the extent that this is strictly necessary.

7.3. Your data as per Article 1.1 above may also be accessed by third parties, specifically appointed as Data Processors pursuant to Article 28 of the EU Regulation, for the performance of technical and/or marketing activities.

7.4 The data originating from the use of the App reside in computer servers located within the European Union, belonging to companies appointed for this purpose as Data Processors pursuant to Article 28 of the EU Regulation.

7.5 In accordance with Article 13, paragraph 2, letter f) of the EU Regulation, the undersigned Joint Controllers inform you that, if the appropriate function of geolocation on the smartphone is activated, the App, as a result of the activation of the alarm, can detect the geographical coordinates of the smartphone itself and communicate them automatically to the emergency numbers chosen and indicated by the user. The above information shall be recorded in the software management systems used by the Joint Controllers and shall be kept for the period of time provided for in Article 6 above.

8. Principles applicable to treatment.

8.1. In accordance with Article 5 of the EU Regulation, the undersigned Joint Controllers inform you that your data better illustrated in the previous Article 1.1. will be:

Treated in a lawful, correct and transparent way towards the Data Subject (so-called principle of lawfulness, correctness and transparency);
Collected for specified, explicit and legitimate purposes, and subsequently processed in a way that is not incompatible with those purposes (the so-called purpose limitation principle);
Adequate, relevant and limited to what is necessary for the purposes for which they are processed (the so-called principle of data minimisation);
Exact and, if necessary, up to date (so-called principle of accuracy);
Conserved in a form that allows the identification of data subjects for a period of time not exceeding the achievement of the purposes for which they are processed (the so-called principle of conservation limitation);
Processed in such a way as to ensure adequate security of personal data, including protection, through appropriate technical and organisational measures, from unauthorised or unlawful processing and from loss, destruction or accidental damage (the so-called principle of integrity and confidentiality).

9. Rights of the data subject.

9.1. In relation to your personal data better described in Article 1.1. of this information, the undersigned Joint Controllers inform you that you have the right to exercise the following rights, reproduced in full below:

Right of access by the data subject (Article 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 (Article 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) (Article 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 (Article 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 (Article 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 (Article 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 (Article 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."

Please note that the Italian supervisory authority is the Italian Data Protection Authority (www.garanteprivacy.it).

Right to an effective judicial remedy against a supervisory authority (Article 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 accordance with Article 12, paragraph 1 of the EU Regulation, the Joint Controllers undertake to provide the communications referred to in Articles 15 to 22 of the GDPR in a concise, transparent, intelligible, easily accessible and in simple and clear language: such information will be provided in writing or by other means, possibly electronic or, at the request of the person concerned, will be provided orally, provided that the identity of the person concerned is proven by other means.

9.3. In accordance with Article 12 paragraph 3 of the EU Regulation, the Joint Controllers inform you that they undertake to provide you with information on the action taken in respect of a request pursuant to Articles 15 to 22 without undue delay and, in any event, no later than one month after receipt of the request; this period may be extended by two months, if necessary, taking into account the complexity and number of requests.

9.4. In order to exercise the rights described above in this article, you can use the contact details specified in Article 2 above.

pients 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.