Information Document and Consensus to Personal Data Treatment

Transcription

1 Information Document and Consensus to Personal Data Treatment Pag. 1 of 5

2 DOCUMENT CODE : MIX-107E VERSION : 1.0 DEPARTMENT : CONSIGLIO DI AMMINISTRAZIONE STATUS : DEFINITIVE DOCUMENT DATE : 27/07/2011 NUMBER OF PAGES : 5 RELEASED BY : JOY MARINO THIS DOCUMENT IS A TRUE BUT UNOFFICIA L TRANSLATION OF THE ITA LIAN VERSION WITHOUT ANY LEGAL EFFECTIVENESS. IT DOES NOT REPRESENT A LEGAL VERSION OF THE ORIGINAL ITALIAN DOCUMENT THAT MUST BE SIGNED FOR ADHERING THE SERVICE HEREUNDER DESCRIBED. MODIFICATION LIST VERSIONE DATE DESCRIPTION Pag. 2 of 5

3 a) Informational Chapter MIX in orderr to be able to provide the services described in the present contract must be in posssession of personal data which regard the MIX Member. These data are gathered by MIX from the Member itself or through third parties or they are provided due to Italian law obligations, by the member or authorized third parties. MIX has the role of Responsible of treatment of personal data, thus MIX in accordance with art. 13 of Italian Law n. 196/03, informs the new Mix Members about their data usage and on the rights they have according to the Law mentioned above, so that they can give knowingly their consensus to the above mentioned treatment. Gathered data may include as an example and not as a full list: Company name, address, phone number, fax number, addresses, tax and Vat id codes, codice fiscale, partita IVA, Italian Commerce chamber registration, company authorized representatives data, purchasing volumes, quality requirements, payment ways, banks relationships, invoice volumes figures, employee numbers, company group structure, financial and balance data. Among the gathered data there could be also information about Union or other association the Member company belongs to. The new Member is invited to become aware of Italian Law n. 196/03 and in particular the statements icluded in the following articles: and states he has been informed by MIX about the Treatment of his personal data according to Article n. 13 and subsequent articles according to Italian Law n. 196/03 b) Definitions According to Article n. 4, f comma, of Italian Law. n.196/03 (Personal Data Protection Code, for brevity named The Code through the rest of this document) The Personal Data Holder is the individual or the legal person or the public administration or any other Entity or Association, which is entitled to take decisions regarding the objectives and the ways personal data are treated, and can define the tools that will be used to manage those data including the security profile which has to be adopted. The Personal Data Responsibie (art. 4 g comma) of the Code) is the Individual or the legal person which have received from the Holder the task of treatment of the above mentioned Personal Data. The Subject (art. 4 i comma) of the Code) is the Individual or the Legal Person or the Company or Association which the Data belong to. To the extent of the present contract the Holder is MIX S.r.l. and Responsible is Dr. Valeria Rossi, MIX S.r.L Director. The Subject is the new MIX Member. c) Data Treatment Finality The Personal Data provided by the MIX Member or gathered through third parties are used to provide the requested MIX services described in the present contract and are anyway strictly related to: c.1: execution of pre contract and contractual obligations ; Relationship management with the MIX Member. Obligations coming from the Italian and Europen Community Laws from other dispositions coming from Italian Authority and in general to fulfill obligations coming from fiscal, administrative and accounting rules. The Personal Data provided by the MIX Member are also used for: c.2: Customer satisfaction and need surveys Issue of advertising material through mail, fax or ; stesura budget e statistiche; marketing activities and cross-references; other purposes functional to MIX business Pag. 3 of 5

4 d) Compulsory or Optional Nature of Provided Data The data conferment with respect of comma c.1 activities is compulsory where is optional for purposes related to comma c.2. e) Personal Data Usage The Data treatment is done through hand and automated tools, like computer data management and telecommunication procedures closely related to the above mentioned purposes. In other words, when the new MIX Member gives the written consensus to his Data Treatment those Data might be used for advertising or other promotional activities and statistical or market researches. In any event the Treatment is made in such a way to guarantee security, protection and proper discretion level. Within the Treatment process, MIX staff, external collaborators and companies which provide MIX with some technical services (like legal or EDP services) can be exposed to the Personal Data. To pursue the purposes described above MIX can share those data with other entities even foreign, belonging to different categories (in addition to the ones identified by Law) so that they can perform: documentation archiving; or customer support services; other consultants; other companies which perform audit control and certification of MIX activities in the interest of MIX Members. Those subjects belonging to the categories mentioned above are grouped in an updated list which can be made available upon request from Mix to the Members and these comanies or individuals will act as Holders or Responsible based upon theri specific competences. f) Refusal to Provide Data The communication failure or refusal to provide the required information specified in paragraph c.1 which is compulsory, determines the impossibility of finalizing the contract and fulfill all legal obligations. g) Subject Rights According to Code Article n. 7, the Subject has the right to know in any moment which are his own data kept by the Data Holder or by all the above mentioned support entities, how the data are kept and how are utilized. The Subject has the right to update, add, modify or delete his own data in any moment, and has the right to refuse the Consensus to teh Data Treatment. Integration requires justifying an interest. The cancellation and freezing apply to data processed in violation of the Law. The opposition can always be exercised in respect of advertising material, direct sales or market research, and in all other cases, the opposition requires a legitimate reason For the exercise of its rights, the interested can contact: Dr. Valeria Rossi (Office Address) c/o MIX S.r.l., Via Caldera n Milano tel fax sg@mix-it.net. Pag. 4 of 5

5 Consensus to the Personal Data Treatment The undersigned (Name, Company) Authorized Representative of With respect to Personal Data described in the previous informational document above: Expresses its consent to Sensitive Data processing to the extent and for the purposes set out in paragraph c.1. Expresses its consent to Common Data processing to the extent and for the purposes set out in paragraph c.2.expresses its consent to Sensitive Data processing to the extent and for the purposes set out in paragraph c.2 Expresses its consent to Common and Sensitive Data processing to the extent and for the purposes set out in paragraph c.1 within EU and not EU Countries according to the limit and purposes described by Italian Law 196/03. Expresses its consent to Common Data processing to the extent and for the purposes set out in paragraph c.2 within EU and not EU Countries according to the limit and purposes described by Italian Law 196/03 Expresses its consent to Sensitive Data processing to the extent and for the purposes set out in paragraph c.2 within EU and not EU Countries according to the limit and purposes described by Italian Law 196/03. Date Signature.. Pag. 5 of 5