POLICY FOR THE PROTECTION OF PERSONAL DETAILS
INFORMATION NOTE
Provided pursuant to article 13, Leg. decree no. 196 of 30 June 2003 (Personal Data Protection Code)
When you complete the participation form for the initiatives promoted by Vicenza Qualità (with registered address in Vicenza in Via E. Fermi n. 134 – Tel. 0444.994750, Fax 0444.994769 www.vicenzaqualita.org) our personnel provides information regarding both the activities and services of Vicenza Qualità and the processing of personal details. For evident reasons of brevity these verbal indications refer to the main aspects of processing.
The purpose of this information note is to provide detailed information, also for the purposes of art. 13 of leg. decree no. 196 of 30 June 2003 (Personal data protection code) regarding the processing of personal data carried out by Vicenza Qualità as data controller when executing the contractual relationship. Vicenza Qualità is a special agency of the Chamber of Commerce of Vicenza for promoting made in Vicenza products around the world. Vicenza Qualità supports small and medium businesses in the Vicenza territory in their internationalization processes through participation in fairs and shows, the realization of promotional and advertising campaigns, carrying out targeted market surveys, the organization of economic missions, encounters between economic operators, the collection and distribution of useful information, the carrying out of seminars, workshops and conventions, and support and consultancy to companies which wish to operate in foreign markets.
Vicenza Qualità regulates its operations and its activities on the basis of Articles of Association in the framework of which the purposes, representation framework and company running procedures are also indicated.
COLLECTION PROCEDURES AND NATURE OF THE DATA
Vicenza Qualità normally becomes aware of the data regarding participation in the event directly from the interested parties when they fill in the participation form; however these data may be integrated with other details obtained later from the interested party or from associated bodies or authorities (e.g. CCIAA, ICE) and public records (e.g. Infocamere Records). In order to provide specific services to the interested parties during the life of the contractual relationship, the details may be integrated with data from collaborators, family members and/or employees (the information will be collected from time to time both directly from the interested parties themselves and from public records, e.g. Chamber of Commerce, Infocamere, Registers and Rolls, etc.).
These are usually personal details; however, in order to carry out various services requested by the interested party, Vicenza Qualità may process “sensitive" data, i.e. personal data that could reveal racial or ethnic origin, religious, philosophical or other convictions, political opinions, membership of parties, trade unions, associations or organizations of a religious, philosophical, political or trade union nature, as well as personal data that could reveal the state of health and sex life.
PURPOSES OF PROCESSING
The information requested in the participation form is required essentially for identifying the customer, the activities carried out and, in general, the area of interest with the greatest possible precision and correctness, in order to allow Vicenza Qualità to offer the support and consultancy services associated with the creation of the contractual relationship. The data contained in the form, as well as any data collected later from the interested party or from third parties, will be processed in any case in line with the statutory purposes, in order to:
a) provide customers, on the basis of the needs they express, with direct support and consultancy for taking part in fairs abroad, workshops, seminars, economic missions and any other event organized by the special agency;
b) study and realize initiatives for promoting made in Vicenza products, also through subsidiary or associated companies and/or consortia;
c) develop all the initiatives suitable for or which target increased foreign trade relationships for the province’s businesses;
d) manage the administrative aspects and procedures relating to the fulfilment by the controller of its accounting, taxation and legal obligations;
e) send interested parties updates regarding new initiatives promoted by Vicenza Qualità.
PROCESSING PROCEDURES
Data processing is always and only carried out by personnel specifically assigned by the controller (the assignments may involve employees, professionals and collaborators with contracts for projects and will be made, where possible, in consideration of special and specific subdivisions on the basis of office of competence) and may be carried out:
· in paper form (in particular for collecting and filing participation forms, filing copies of documentation regarding the procedures completed, drawing up and archiving photographs and images relating to initiatives and meetings, printouts regarding positions extrapolated from computerized archives, and printing and filing documentation relating to the fulfilment of fiscal and legal contractual obligations for which Vicenza Qualità is responsible);
· in electronic form (in particular the management of files of personal details, services relating to tax, contributory and administrative obligations for which customers are responsible, storage of messages sent and received by email, photostatic images and or video clips relating to the various initiatives promoted by Vicenza Qualità). In some cases processing may also be carried out in accordance with automated procedures (for example, the selection of the addresses of interested parties in order to send correspondence – by paper, email, telefax or text message, or using other communications systems), by targeted selection for guaranteeing the functional transmission of customers’ needs, invoice management, the selection of customers for reporting given events, and the organization and selection of data following the storage of contacts with customers).
NATURE OF THE PROVISION OF DATA
The data requested when filling in participation forms for an initiative must mandatorily be supplied by the interested party (as it will otherwise be impossible for Vicenza Qualità to correctly manage the contractual relationship and establish it as a consequence). Within the framework of its institutional aims, Vicenza Qualità activates services and initiatives for which the obligatory nature or otherwise of some or all of the details requested will be described case by case. Apart from the rights specified in a special part of this information note, the possibility remains at any moment and for the interested party to discover in detail which information is obligatory or not.
The controller’s need to guarantee that the processing of personal data is up-to-date and correct also requires a precise commitment on the part of the interested party so that any changes to the data supplied are notified promptly.
FRAMEWORK OF COMMUNICATION AND/OR DISTRIBUTION
The data processed may be divulged to the Chamber of Commerce (CCIAA) of Vicenza, to the National Institute for Foreign Trade (ICE), to other special agencies, to fair organizations and to offices of the public administration, to public and private bodies and authorities, to credit institutes, to transport companies, and to professionals (such as commercial, administrative and legal consultants).
In the framework of its consultancy and support activities Vicenza Qualità may divulge personal data to public bodies when necessary and/or useful for completing given procedures in order to meet a request from the interested party or to organize promoted initiatives the interested party has subscribed to. Some personal details may also be divulged to credit recovery businesses and companies.
As regards the carrying out of specific initiatives (for which the special agency discovers the need and/or appropriateness to supply suitable public information or targeted information) some details (particularly photographs or film clips showing the event and/or identification data of participants) may be distributed to the press, both general and trade and television, and by means of the internet and miscellaneous communications systems (e.g. handbills, posters, etc.).
The interested parties are in any case assured of the enjoyment of the rights referred to in article 7 et seq. of Leg. Decree 196/2003.
ARTICLE 7
RIGHTS OF THE INTERESTED PARTY
(extract from Leg. decree 196/03 governing the rights of the interested party and associated procedures for exercising them)
Section 7 (Right to Access Personal Data 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, even though they are relevant to the purpose of the collection;
b) 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 or commercial communication surveys.
Section 8 (Exercise of Rights)
1. The rights referred to in Section 7 may be exercised by making a request to the data controller or processor without formalities, also by the agency of a person in charge of the processing. A suitable response shall be provided to said request without delay.
2. The rights referred to in Section 7 may not be exercised by making a request to the data controller or processor, or else by lodging a complaint in pursuance of Section 145, if the personal data are processed:
a) pursuant to the provisions of decree-law no. 143 of 3 May 1991, as converted, with amendments, into Act no. 197 of 5 July 1991 and subsequently amended, concerning money laundering;
b) pursuant to the provisions of decree-law no. 419 of 31 December 1991, as converted, with amendments, into Act no. 172 of 18 February 1992 and subsequently amended, concerning support for victims of extortion;
c) by parliamentary Inquiry Committees set up as per Article 82 of the Constitution;
d) by a public body other than a profit-seeking public body, where this is expressly required by a law for purposes exclusively related to currency and financial policy, the system of payments, control of brokers and credit and financial markets and protection of their stability;
e) in pursuance of Section 24(1), letter f), as regards the period during which performance of the investigations by defence counsel or establishment of the legal claim might be actually and concretely prejudiced;
f) by providers of publicly available electronic communications services in respect of incoming phone calls, unless this may be actually and concretely prejudicial to performance of the investigations by defence counsel as per Act no. 397 of 7 December 2000;
g) for reasons of justice by judicial authorities at all levels and of all instances as well as by the Higher Council of the Judiciary or other self-regulatory bodies, or else by the Ministry of Justice;
h) in pursuance of Section 53, without prejudice to Act no. 121 of 1 April 1981.
3. In the cases referred to in paragraph 2, letters a), b), d), e) and f), the Garante, also following a report submitted by the data subject, shall act as per Sections 157, 158 and 159; in the cases referred to in letters c), g) and h) of said paragraph, the Garante shall act as per Section 160.
4. Exercise of the rights referred to in Section 7 may be permitted with regard to data of nonobjective character on condition that it does not concern rectification of or additions to personal evaluation data in connection with judgments, opinions and other types of subjective assessment, or else the specification of policies to be implemented or decision-making activities by the data controller.
Section 9 (Mechanisms to Exercise Rights)
1. The request addressed to the data controller or processor may also be conveyed by means of a registered letter, facsimile or e-mail. The Garante may specify other suitable arrangements with regard to new technological solutions. If the request is related to exercise of the rights referred to in Section 7(1) and (2), it may also be made verbally; in this case, it will be written down in summary fashion by either a person in charge of the processing or the data processor.
2. The data subject may grant, in writing, power of attorney or representation to natural persons, bodies, associations or organisations in connection with exercise of the rights as per Section 7. The data subject may also be assisted by a person of his/her choice.
3. The rights as per Section 7, where related to the personal data concerning a deceased, may be exercised by any entity that is interested therein or else acts to protect a data subject or for family-related reasons deserving protection.
4. The data subject’s identity shall be verified on the basis of suitable information, also by means of available records or documents or by producing or attaching a copy of an identity document. The person acting on instructions from the data subject must produce or attach a copy of either the proxy or the letter of attorney, which shall have been undersigned by the data subject in the presence of a person in charge of the processing or else shall bear the data subject's signature and be produced jointly with a copy of an ID document from the data subject, which shall not have to be certified true pursuant to law. If the data subject is a legal person, a body or association, the relevant request shall be made by the natural person that is legally authorized thereto based on the relevant regulations or articles of association.
5. The request referred to in Section 7(1) and (2) may be worded freely without any constraints and may be renewed at intervals of not less than ninety days, unless there are well-grounded reasons.
Section 10 (Response to Data Subjects)
1. With a view to effectively exercising the rights referred to in Section 7, data controllers shall take suitable measures in order to, in particular,
a) facilitate access to personal data by the data subjects, even by means of ad hoc software allowing accurate retrieval of the data concerning individual identified or identifiable data subjects;
b) simplify the arrangements and reduce the delay for the responses, also with regard to public relations departments or offices.
2. The data processor or the person(s) in charge of the processing shall be responsible for retrieval of the data, which may be communicated to the requesting party also verbally, or else displayed by electronic means - on condition that the data are easily intelligible in such cases also in the light of the nature and amount of the information. The data shall be reproduced on paper or magnetic media, or else transmitted via electronic networks, whenever this is requested.
3. The response provided to the data subject shall include all the personal data concerning him/her that are processed by the data controller, unless the request concerns either a specific processing operation or specific personal data or categories of personal data. If the request is made to a health care professional or health care body, Section 84(1) shall apply.
4. If data retrieval is especially difficult, the response to the data subject’s request may also consist in producing or delivering copy of records and documents containing the personal data at stake.
5. The right to obtain communication of the data in intelligible form does not apply to personal data concerning third parties, unless breaking down the processed data or eliminating certain items from the latter prevents the data subject’s personal data from being understandable.
6. Data are communicated in intelligible form also by using legible handwriting. If codes or abbreviations are communicated, the criteria for understanding the relevant meanings shall be made available also by the agency of the persons in charge of the processing.
7. Where it is not confirmed that personal data concerning the data subject exist, further to a request as per Section 7(1) and (2), letters a), b) and c), the data subject may be charged a fee which shall not be in excess of the costs actually incurred for the inquiries made in the specific case.
8. The fee referred to in paragraph 7 may not be in excess of the amount specified by the Garante in a generally applicable provision, which may also refer to a lump sum to be paid in case the data are processed by electronic means and the response is provided verbally. Through said instrument the Garante may also provide that the fee may be charged if the personal data are contained on special media whose reproduction is specifically requested, or else if a considerable effort is required by one or more data controllers on account of the complexity and/or amount of the requests and existence of data concerning the data subject can be confirmed.
9. The fee referred to in paragraphs 7 and 8 may also be paid by bank or postal draft, or else by debit or credit card, if possible upon receiving the relevant response and anyhow within fifteen days of said response.
