Data protection declaration of FAKT S.r.l.

Data protection is very important for and within FAKT S.r.l. and its affiliated companies. The use of the website of FAKT S.r.l. is in principle possible without any indication of personal data. If a data subject wishes to use special services of our company online, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the GDPR and applicable laws. With this data protection declaration, our company wishes to inform about the nature, scope and purpose of the personal data we process and to inform data subjects about their rights.

As the controller, the FAKT S.r.l. has implemented numerous technical and organizational measures to ensure the most complete protection of processed personal data. Nevertheless, internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed.

1. Definitions

The data protection declaration of FAKT S.r.l. is based on the GDPR. However, it should be easy to read and understand. To ensure this, we explain in advance the terms used:

1.1 Personal data

Personal data are ‘any information relating to an identified or identifiable natural person (hereinafter referred to as ’data subject‘); a natural person is regarded as identifiable, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more specific features that reflect the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’.

1.2 Data subject

Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

1.3 Processing

Processing means any operation or series of operations carried out with or without the help of automated procedures in relation to personal data, such as collection, recording, organisation, sorting, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or combination, restriction, erasure or destruction.

1.4 Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

1.5 Profiling

Profiling is any type of automated processing of personal data where such personal data is used to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

1.6 Pseudonymisation

Pseudonymisation is the processing of personal data in which the personal data can no longer be attributed to a specific data subject without the use of additional information. This additional information is kept separately, subject to technical and organisational measures, thus ensuring that the personal data are not assigned to an identified or identifiable natural person.

1.7 Responsible or controller

The controller or controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data.

1.8 Processors

Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

1.9 Recipient

Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether or not it is a third party. However, public authorities which may receive personal data under Union or Member State law under a specific investigation mandate shall not be considered as recipients.

1.10 Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised under the direct responsibility of the controller or processor to process the personal data.

1.11 Consent

Consent is any freely given by the data subject, in an informed and unambiguous manner, in the specific case, in the form of a statement or other unambiguous affirmative act by which the data subject indicates that he/she agrees to the processing of personal data concerning him or her.

2. Name and address of the controller

FAKT S.r.l. Socio Unico

Via Lithos 53

IT-25086 Rezzato (BS)

Telephone: + 39 030 25 92 700
E-mail: info@fakt.it
Website: www.fakt.it

3. Contact details of the Data Protection Officer

Riccardo Belzani

E-mail: datsec@fakt.it

Any data subject may at any time contact the data protection officer directly with any questions and suggestions regarding data protection.

4. Cookies

The web pages of FAKT S.r.l. may use cookies. Cookies are text files that are stored and stored on a computer system via an Internet browser. Numerous web pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which web pages and servers can be assigned to the specific internet browser in which the cookie was stored. This allows the visited web pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID. Through the use of cookies, the FAKT S.r.l. can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised in the sense of the user. Cookies allow us to recognise the users of our website, as already mentioned. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a web site that uses cookies does not have to enter his access data again every time you visit the web site, because this is taken over by the web site and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies already set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

5. Collection of general data and information

The web servers of the FAKT S.r.l. collects a series of general data and information when a data subject or automated system calls up the website. These general data and information are stored in the log files of the server. It is possible to record the browser types and versions used, the operating system used by the accessing system, the web site from which an accessing system reaches our website, the sub-websites that are accessed via an accessing system on our web site, the date and time of access to the web site, an Internet protocol address (IP address), the Internet service provider of the accessing system and other similar data and information for the purpose of security in the event of attacks on our IT systems.

When using these general data and information, the FAKT S.r.l. does not draw any conclusions about the data subject. Rather, this information is needed to deliver the content of our website correctly, to optimise the content of our website and to advertise it, to ensure the long-term functioning of our information technology systems and the technology of our web site, and to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. Therefore, the FAKT S.r.l. analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

6. Contact via the web site

The website of FAKT S.r.l. contains information that enables a quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller shall be stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

7. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of the processing or where this has been provided for by the legislator in laws or regulations to which the controller is subject. If the storage purpose does not apply or if a storage period prescribed by the legislator expires, the personal data are routinely blocked or deleted in accordance with the statutory provisions.

8. Rights of the data subject

8.1 Right to confirmation

Any data subject shall have the right to obtain from the controller confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our Data Protection Officer or another employee of the controller.

8.2 Right to information

Any data subject concerned by the processing of personal data shall have the right to obtain from the controller, free of charge, information about the personal data stored about him or her and a copy of this information, together with the information provided here:

the processing purposes
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular:
Beneficiaries in third countries or international organisations
where possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration.
the existence of a right to rectification or erasure of personal data concerning them or to restrict processing by the controller or to object to such processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject: All available information on the origin of the data
the existence of automated decision-making including profiling in accordance with Article 22(1) and (4) GDPR and, at least in such cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject

In addition, the data subject has a right of access as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller. Please use a request by e-mail (PEC) to the Data Protection Officer

8.3 Right to rectification

Any person affected by the processing of personal data shall have the right to request the immediate rectification of inaccurate personal data concerning him or her. In addition, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.

If a data subject wishes to exercise this right of rectification, he or she may at any time contact our Data Protection Officer or another employee of the controller. Please use a request by e-mail (PEC) to the Data Protection Officer.

8.4 Right to erasure (right to be forgotten)

Any data subject concerned by the processing of personal data shall have the right to demand from the controller that the personal data concerning him or her be erased without undue delay, provided that one of the following reasons applies and where the processing is not necessary:

the personal data has been collected or otherwise processed for such purposes for which it is no longer necessary
the data subject withdraws his/her consent, on which the processing was based pursuant to Art. 6 para. 1 a GDPR or Art. 9 para. 2 a GDPR, and there is no other legal basis for the processing
the data subject objects to the processing in accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Art. 21 para. 2 GDPR
the personal data have been unlawfully processed
the erasure of personal data is necessary for the fulfilment of a legal obligation under Union or Member State law to which the controller is subject
the personal data was collected in relation to offered information society services in accordance with Art. 8 para. 1 GDPR

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the FAKT S.r.l., he or she may, at any time, contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of the FAKT S.r.l. or another employee shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) GDPR 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 other controllers processing the personal data that the data subject is responsible for erasure by such controllers of all links to such personal data.

8.5 Right to restriction of processing

Any data subject concerned by the processing of personal data shall have the right granted by the European legislator to require the controller to restrict processing if one of the following conditions is met:

the accuracy of the personal data is disputed by the data subject for a period allowing the controller to verify the accuracy of the personal data
the processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data.
the controller no longer needs the personal data for the purposes of processing, but the data subject needs it to assert, exercise or defend legal claims
the data subject has objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh those of the data subject

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the FAKT S.r.l., he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of the FAKT S.r.l. or another employee will arrange the restriction of the processing. Please use a request by e-mail (PEC) to the Data Protection Officer.

8.6 Right to data portability

Each data subject shall have the right to receive the personal data concerning him or her provided to a controller in a structured, commonly used and machine-readable format. It also has the right to transmit this data to another controller without hindrance by the controller to whom the personal data were provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 a GDPR or Art. 9 para. 2 a GDPR or on a contract pursuant to Art. 6 para. 1 b GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task that is in the public interest or in the exercise of official authority conferred on the controller.

Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to obtain that the personal data is transmitted directly from one controller to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by the FAKT S.r.l. or another employee. Please use a request by e-mail (PEC) to the Data Protection Officer.

8.7 Right to object

Any person affected by the processing of personal data shall have the right, on grounds relating to his or her particular situation, to object at any time to the processing of personal data concerning him or her, which is based on Article 6 (1) (e) or (f) of the GDPR. This also applies to profiling based on these provisions.

The FAKT S.r.l. shall no longer process the personal data in the event of the objection, unless we can demonstrate 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.

If the FAKT S.r.l. processes personal data 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. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the FAKT S.r.l. to the processing for direct marketing purposes, the FAKT S.r.l. will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the FAKT S.r.l. for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact the Data Protection Officer of the FAKT S.r.l. or another employee. Please use a request by e-mail (PEC) to the Data Protection Officer.

8.8 Automated decisions in individual cases including profiling

Any person affected by the processing of personal data shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects him or her, unless the decision is necessary for the conclusion or performance of a contract between the data subject and the controller, or is permitted by Union or Member State law to which the controller is subject, and such legislation contains appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or is based on the explicit consent of the data subject.

If the decision is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or it is based on the data subject’s explicit consent, the FAKT S.r.l. shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise rights with regard to automated decisions, he or she may at any time contact our Data Protection Officer or another employee of the controller. Please use a request by e-mail (PEC) to the Data Protection Officer.

8.9 Right to withdraw consent under data protection law

Any person affected by the processing of personal data shall have the right to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw a consent, he or she may, at any time, contact any employee of the controller. Please use a request by e-mail to the Data Protection Officer.

9. Data protection for applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of processing the application process. Processing may also be carried out by electronic means. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, e.g. by e-mail or via a web form on the web site. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted 6 months after notification of the cancellation decision, provided that no other legitimate interests of the controller preclude deletion. Other legitimate interest in this sense is, for example, an obligation of proof in proceedings under the General Equal Treatment Act.

10. Tracking services

10.1 Privacy Policy regarding the use and use of Google Analytics

The controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, collection and evaluation of data on the behavior of visitors to web pages. A web analysis service collects, among other things, data about the web page from which a data subject came to a web page (so-called referrer), which subpages of the website were accessed or how often and for what duration a subpage was viewed. A web analysis is mainly used to optimise a web site and to analyse the costs and benefits of internet advertising.

The operating company of the Google Analytics component is:

Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addendum, the IP address of the internet connection of the data subject is shortened and anonymised by Google if access to our web pages takes place from a Member State of the European Union or from another State party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the visitor flows on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our web pages, and to provide other services related to the use of our website.

Google Analytics sets a cookie on the information technology system of the data subject. What cookies are is explained above. Setting the cookie enables Google to analyse the use of our website. With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component was integrated, the inter-net browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical procedure, Google becomes aware of personal data, such as the IP address of the data subject, which serves Google, among other things, to trace the origin of the visitors and clicks and subsequently enable commission bills.

By means of the cookie, personal information, such as the time of access, the place from which access was made and the frequency of visits to our website by the data subject, is stored. Every time you visit our web pages, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the USA. This personal data is stored by Google in the USA. Google may pass on this personal data collected through the technical procedure to third parties.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the possibility to object to and prevent the collection of data generated by Google Analytics related to the use of this website as well as the processing of this data by Google. To do this, the data subject must download and install a browser add-on under the link tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to web pages may be transmitted to Google Analytics. The installation of the browser add-on is regarded by Google as an objection. If the data subject’s infor-mation technology system is deleted, formatted or reinstalled at a later stage, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person attributable to his or her sphere of power, there is the possibility of reinstalling or reactivating the browser add-on.

Further information and the applicable privacy policy of Google can be found at www.google.de/intl/de/policies/privacy/ and at www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link www.google.com/intl/de_de/analytics/.

10.2 Data protection provisions on the use and use of Google AdWords

The controller has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to place ads in Google’s search engine results as well as in the Google advertising network. Google AdWords allows an advertiser to pre-determine certain keywords that display an ad in Google’s search engine results only when the user retrieves a keyword-relevant search result with the search engine. In the Google advertising network, the ads are distributed on topic-relevant web pages using an automatic algorithm and taking into account the predefined keywords.

Operating company of the services of Google AdWords is the

Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the web pages of third-party companies and in the search engine results of the search engine Google and, if necessary, a display of third-party advertising on our website.

If a data subject arrives on our website via a Google ad, a so-called conversion cookie is stored on the information technology system of the data subject by Google. What cookies are is explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. The conversion cookie, if the cookie has not yet expired, is used to understand whether certain subpages, such as the shopping cart from an online shop system, have been accessed on our website. The conversion cookie enables both us and Google to understand whether a data subject who has reached our website via an AdWords ad generated a turnover, i.e. a purchase of goods has been made or discontinued.
The data and information collected through the use of the conversion cookie is used by Google to generate visitor statistics for our website. These visitor statistics are used by us to determine the total number of users who were conveyed to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither our company nor any other Google AdWords advertiser receives information from Google that could identify the data subject.

By means of the conversion cookie, personal information, such as the web pages visited by the data subject, is stored. Every time you visit our web pages, personal data, including the IP address of the Internet connection used by the data subject, will be transmitted to Google in the USA. This personal data is stored by Google in the USA. Google may pass on this personal data collected through the technical procedure to third parties.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the data subject. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the possibility to object to interest-related advertising by Google. For this purpose, the data subject must call the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.

Further information and the applicable privacy policy of Google can be found at www.google.de/intl/de/policies/privacy/.

10.3 Data protection provisions on the use and use of YouTube

The controller may have integrated components of YouTube on this website. YouTube is an internet video portal that allows video publishers to set video clips and other users free of charge to view, evaluate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes, as well as music videos, trailers or user-made videos can be accessed via the Internet portal.

Operating company of YouTube is the

YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

With each call-up to one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at www.youtube.com/yt/about/de/. As part of this technical procedure, YouTube and Google will be informed about which specific subpage of our website is visited by the data subject.

If the data subject is logged in to YouTube at the same time, YouTube recognises by accessing a subpage that contains a YouTube video, which specific subpage of our website the data subject visits. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged in to YouTube at the time of accessing our website; this occurs regardless of whether the data subject clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desired by the data subject, the data subject can prevent the transmission by logging out of their YouTube account before accessing our website.

The data protection regulations published by YouTube, which are available at www.google.de/intl/de/policies/privacy/ provide information on the collection, processing and use of personal data by YouTube and Google.

11. Competent data protection supervisory authority

The addresses of the competent authority in Italen can be found at http://www.garanteprivacy.it/web/guest/home/footer/contatti/.

12. Changes to the Privacy Policy

We reserve the right to change our security and data protection regulations as far as this becomes necessary due to technical developments. In these cases, we will also adapt our privacy policy accordingly. Please note the current version of our privacy policy.

FAKT S.r.l., Rezzato 05/2018