Privacy Policy

Information on the processing of personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). Effective as of February 10, 2023.

PREMISE

This policy takes into account the provisions of the GDPR and the Italian Privacy Code (Legislative Decree no. 196 of 30 June 2003). The document was also drafted in accordance with the Guidelines of the Italian Data Protection Authority (especially the Guidelines on Anti-Spam issued by the Italian Data Protection Authority on 4 July 2013).

Data Controller : Monza Performance di Matteo Ferrise, Viale Ugo Foscolo 37 – 20900 Monza (MB), Chamber of Commerce of Milan Monza Brianza Lodi, VAT number 08063310968, REA MB 1887240, Email: info@monzaperformance.it

Site to which this privacy policy refers: https://monzaperformance.it/ ( Site ).

The Data Controller has not appointed a DPO (Data Protection Officer). Therefore, you can send any information requests directly to the Data Controller.

GENERAL INFORMATION

This document describes how the Data Controller processes your personal data provided on the Site.

The main ways in which your personal data is processed are described below. Specifically, the legal basis for processing is explained, whether providing personal data is mandatory, and the consequences of failure to provide it. To better describe your rights, where necessary, we have specified whether and when a specific processing of personal data is not carried out. On the Site, you have the option of entering personal data of third parties. In this case, you guarantee that you have obtained the consent of these parties to enter this personal data. Therefore, you undertake to indemnify and hold the Data Controller harmless from any liability.

Registration on the Site

The information and data requested during registration will be used to allow you to access the reserved area of ​​the Site and to use the online services offered by the Data Controller to registered users. The legal basis for the processing is the Data Controller's need to implement pre-contractual measures adopted at the data subject's request. Providing data is optional. However, your refusal to provide the data will make it impossible to register on the Site.

Purchases on the Site

Your personal data will be processed to allow you to make purchases on the Site. In the event of an online purchase order, to allow the conclusion of the purchase contract and the correct execution of related transactions (and, where necessary under applicable legislation, to fulfill tax obligations). The legal basis for the processing is the Data Controller's obligation to perform the contract with the data subject or to comply with legal obligations. Regardless of the above (and therefore your consent), the Data Controller may process your data for the purposes of so-called "soft spam," governed by Article 130 of the Privacy Code. This means that, limited to the email address you provide in the context of a purchase through the Site, the Data Controller will process the email address to allow direct offers of similar products/services, unless you object to such processing as set forth in this policy. The legal basis for the processing is the Data Controller's legitimate interest in sending this type of communication. This legitimate interest may be considered equivalent to the data subject's interest in receiving "soft spam" communications. The Data Controller may send emails to remind the user to complete a purchase. The legal basis for this processing is the Data Controller's legitimate interest in sending this type of communication.

Respond to your requests

Your data will be processed to respond to your requests for information. Providing it is optional, but your refusal will make it impossible for the Data Controller to respond to your questions. The legal basis for the processing is the Data Controller's legitimate interest in responding to your requests. This legitimate interest is equivalent to the user's interest in receiving a response to communications sent to the Data Controller.

Generic marketing

With your prior consent, the Data Controller may process the personal data you provide to send you advertising materials and/or newsletters relating to its own or third-party products. The legal basis for this processing is your consent. Providing your personal data for this purpose is purely optional. Failure to consent to data processing for marketing purposes will prevent you from receiving advertising materials relating to the Data Controller's and/or third-party products/services, as well as preventing the Data Controller from conducting market research, including those aimed at assessing user satisfaction, and from sending you newsletters. These communications will be sent to the email address you provided on the Website.

Profiling

The Data Controller does not perform "profiling" with your personal data. Therefore, it will not send you advertising materials and/or newsletters relating to its own or third-party products of specific interest to you.

Data transfer

The Data Controller does not transfer your personal data to third parties.

Geolocation

The Site does not implement tools for geolocalizing the user's IP address.

Curriculum vitae

It is not possible to submit resumes via the Site. Therefore, your data will not be processed for these purposes.

Appointment booking

There are no third-party appointment booking systems active on the Site with the Data Controller. Therefore, your data will not be processed for this purpose. However, you can always contact the Data Controller using the contact details provided above.

Communication of personal data

As part of its ordinary activities, the Data Controller may disclose your personal data to certain categories of subjects. Article 2 You can find the list of entities to whom the Data Controller discloses your personal data. To facilitate the protection of your rights, Article 2 may specify in certain cases when your data will not be disclosed to third parties.

The "communication" of personal data to third parties is different from the "transfer" (disclosure above). In fact, in the case of communication, the third party to whom the data is transmitted may use it only for the specific purposes described in the relationship with the Data Controller. In the case of transfer, however, the third party becomes the independent Data Controller of the personal data. Furthermore, the transfer of your personal data to third parties always requires your consent.

Without prejudice to the foregoing, it is understood that the Data Controller may still use your personal data to properly fulfill the obligations set forth by applicable laws.

SPECIFIC PRIVACY NOTICE

Art. 1 Methods of processing

1.1 Your personal data will be processed primarily using electronic or automated means, using methods and tools that ensure security and confidentiality in accordance with the GDPR. If the automated chatbot service is operational, your personal data will also be processed to enable the activation of this service, through which the user can contact and be contacted by the Data Controller, subject to consent. The legal basis is the Data Controller's legitimate interest in responding to user requests via the chatbot service. This legitimate interest can be considered equivalent to the data subject's interest in using the automated chatbot service.

1.2 The information acquired and the methods of processing will be relevant and not excessive with respect to the type of services provided. Your data will also be managed and protected in secure IT environments appropriate to the circumstances.

1.3 The Site does not process "special data." Special data is data that may reveal racial or ethnic origin, religious, philosophical, or other beliefs, political opinions, membership in political parties, trade unions, associations, or organizations of a religious, philosophical, political, or trade union nature, health, or sex life.

1.4 No judicial data is processed through the Site.

Art. 2 Communication of personal data

The Data Controller may disclose your personal data to certain categories of entities. The entities to whom the Data Controller reserves the right to disclose your data are listed below:

• The Data Controller may communicate your personal data to all those subjects (including Public Authorities) who have access to personal data by virtue of regulatory or administrative provisions.
• Your personal data may also be disclosed to all public and/or private entities, natural and/or legal persons (legal, administrative, and tax consultancy firms, judicial offices, chambers of commerce, labor offices, etc.), if disclosure is necessary or functional to the proper fulfillment of legal obligations.
• The Data Controller employs employees and/or collaborators in any capacity. For the proper functioning of the Site, the Data Controller may disclose your personal data to these employees and/or collaborators.
• The Data Controller does not employ companies, consultants, or professionals to install, maintain, update, or generally manage the Data Controller's hardware and software. Therefore, your data will not be shared with these parties.
• To send its communications, the Data Controller uses external companies tasked with sending this type of communication (CRM platforms). Your personal data (particularly your email address) may therefore be shared with these companies.
• The Data Controller does not use external companies to provide customer care services.

The Data Controller reserves the right to modify the above list based on its ordinary operations. Therefore, you are invited to regularly access this policy to check to which parties the Data Controller discloses your personal data.

Art. 3 Storage of personal data

3.1 This article describes how long the Data Controller reserves the right to retain your personal data.

• Your personal data will be retained only for the time necessary to ensure the correct provision of the services offered through the Site.
• For marketing purposes, personal data will be retained until consent is revoked. For inactive users, personal data will be deleted one year after the last viewed email was sent.
• For the purpose of fulfilling the sales contract, the data will be retained for 10 years from the date of receipt of the purchase order. This is to allow the Data Controller to exercise its right of defense and demonstrate that the contract has been properly fulfilled.
• For customer care purposes, the data will be deleted once the support service is completed.
• As required by Article 2220 of the Civil Code, invoices, like all accounting records in general, are retained for a minimum of ten years from the date of registration, so they can be presented in the event of an audit.

3.2 Without prejudice to the provisions of Article 3.1, the Data Controller may retain your personal data for the time required by specific regulations, as amended from time to time.

Art. 4 Transfer of personal data

4.1 The Data Controller is based within the European Union. Therefore, the processing of your data is secure from a regulatory perspective as governed by the GDPR. If your personal data is transferred to a non-EU country for which the European Commission has expressed an adequacy judgment, the transfer is deemed secure from a regulatory perspective. This Article 4.1 indicates the countries to which your personal data may be transferred and where the European Commission has expressed an adequacy judgment.

• To allow the Site to function properly, your personal data may be transferred abroad. This is permitted under European Commission Decision 2002/2/EC of December 20, 2001 (published in the Official Journal of the European Communities L 2/13 of January 4, 2002), which found that Canada ensures an adequate level of protection for personal data transferred from the European Union to recipients subject to the Canadian Personal Information Protection and Electronic Documents Act of April 13, 2000 ("the Canadian Act").
• The Data Controller may transfer your personal data to the United Kingdom. The European Commission, in its decision of June 28, 2021, found that the United Kingdom offers an adequate level of data protection under the GDPR.

4.2 Without prejudice to the provisions of Article 4.1, your data may also be transferred to non-EU countries for which the European Commission has not issued an adequacy judgment. You are therefore invited to regularly review this Article 4.2 to determine to which of these countries your data may be transferred.

4.3 In this article, the Data Controller indicates the countries in which it may specifically direct its activities. This circumstance may imply the application of the legislation of the relevant country, together with that of the GDPR.

• Upon the user's request, the Data Controller will apply any more favorable provisions under the user's national legislation to the processing of personal data.

Art. 5. Rights of the interested party

Pursuant to Article 13 of the Privacy Regulation, the Data Controller informs you that you have the right to:

• ask the Data Controller for access to your personal data and to rectify or erase them or limit the processing that concerns you or to oppose their processing, in addition to the right to data portability
• withdraw consent at any time without affecting the lawfulness of the processing based on the consent given before the withdrawal
• lodge a complaint with a supervisory authority (e.g. the Data Protection Authority).

The above rights may be exercised by making an informal request to the contact details indicated in the Introduction.

Art. 6. Amendments and Miscellaneous

The Data Controller reserves the right to make changes to this policy at any time, providing appropriate publicity to Site users and ensuring adequate and comparable protection of personal data. To review any changes, you are invited to consult this policy regularly. In the event of substantial changes to this privacy policy, the Data Controller may also notify you via email.

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