2.1: The Policy applies to all Company full and part time employees, contractors, and any other category of collaborators, suppliers, partners, who have access to personal data collected or processed by the Company, regardless of the geographic location.
2.2: The Company will establish its status for all data processing as either a Data Controller, or Data Processor acting for another Data Controller.
3.1. Consent means “any freely given specific and informed indication of his wishes by which the Data Subject signifies agreement to personal data relating to him being processed.” Nevertheless, consent may be obtained by a number of methods. These may include clauses in employment contracts, check boxes on replies to application or purchase forms, and click boxes on online forms where personal data is entered. In most European Union countries, consent to the processing of sensitive personal data needs to be clear and unequivocal. This generally means that some form of specific active consent is required.
4.1: The Company’s data compliance program will be overseen by Mr. Valerio Tenace (hereinafter “data privacy official - DPO”), one of the two founders of the Company. DPO may be assisted by locally appointed compliance staff and internal auditors and delegate competencies to qualified data protection specialists.
4.2: DPO or an appointed data protection specialist will implement the Company’s international data protection policy and procedures, as well as any additional duties laid down by Data Protection Laws, including and not limited in:
Data Protection Principles
5.1: The Company has adopted the following principles to govern the collection, use, processing and transmittal of personal data:
5.2: Any measures shall be taken to:
Transfers To Third Parties
6.1: Personal data shall not be transferred to another entity, country or territory, unless reasonable and appropriate steps have been taken to establish and maintain the required level of data security.
6.2: Personal data may be communicated to third persons only for reasons consistent with the purposes for which the data was originally collected or other purposes authorized by law.
6.3: All transfers of personal data to third parties for further processing shall be subject to written agreements.
6.4: EU personal data shall not be transferred to a country or territory outside the European Economic Area (EEA) unless the transfer is made to a country or territory recognized by the EU as having an adequate level of data security or to the United States under the EU-US, and Swiss-US Agreements in place.
6.5: Subject to the provisions of the above, personal data may be transferred where any of the following apply:
Prevention Of Non-Complying IT Systems
7.1: The Company’s DPO shall establish a procedure for assessing the impact of any new or existing technology on the privacy and security of personal data.
7.2: No new system or new version of an existing system shall be made available for use until the DPO has assessed that there would be no breach of any data protection legislation.
Sources Of Personal Data
8.1 To create an account you need to provide data including your name, email address and/or mobile number, a password, and you will need to provide payment (e.g., credit card) and billing information.
8.2: Personal data shall be collected only from the data subject unless the nature of the business purpose requires collection of the data from other persons or bodies.
Data Subject Rights
9.1: Data subjects shall be entitled to obtain the information about their own personal data held by the Company by making a written request.
9.2: The Company shall provide its response to a request above within 40 days from the date of the written request, or within a shorter timescale if required by applicable data protection legislation.
9.3: Data subjects shall have the right to require the Company to correct or supplement erroneous, misleading, outdated, or incomplete personal data held about them.
Sensitive Data 10.1: Sensitive personal data should not be processed unless:
Data Quality Assurance
11.1: Personal data must be kept only for the period necessary for permitted uses.
11.2: Personal data shall be erased if its storage violates any data protection law or at the request of the data subject.
12.1: If the Company relies on another group company to assist in its processing activities, the Company will enter into a Data Transfer Agreement based upon the EU Model Clauses with that other group company in order to ensure that responsibility for the data is clearly identified, as both parties may be considered as Data Controllers.
12.2: Where the other group company is located in a different country, the group companies involved in the processing shall be identified respectively as the data exporter and the data importer.
Third Party Processors
13.1: Similarly where the Company relies on third parties to assist in its processing activities, the Company must choose a data processor who provides sufficient security measures and takes reasonable steps to ensure compliance with those measures, and in the case of any third party within the US, that they are also registered for the EU-US, Swiss-USA Privacy current legislation.
Written Contracts For Third Party Processors
14.1: The Company shall enter into a written contract with each data processor requiring it to comply with data protection legislation and security requirements imposed on the Company under local legislation.
Audits Of Third Party Data Processors
15.1: As part of the Company’s internal data auditing process, the Company shall conduct periodic checks on processing by third party data processors, and in particular relating to the hand-off procedures for the data especially in respect of security measures.
Notice To Employees And Contractors Of Potential Sanctions For Non-Compliance
16.1: The DPO shall notify employees and contractors of the Company that:
18.1: The DPO shall establish a schedule for and implement a privacy compliance audit.
19.1: This Policy shall be available to employees
19.2: This Policy may be revised at any time but at least annually by the DPO. Notice of significant revisions shall be provided to employees through the company compliance system and to others via the Company’s website.