Privacy policy

Privacy Policy according to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (“General Data Protection Regulation”)

 

Ferro Gioielli 1954 Srl, located in Este (PD), Piazza Maggiore, 23 with VAT number 05524410288 (hereinafter “Ferro Orologi e Gioielli,” the “Company” or also the “Data Controller”), in its capacity as Data Controller of personal data, in accordance with Articles 4 and 28 of Legislative Decree no. 196 of June 30, 2003 – Privacy Code (hereinafter also “Code”) and Articles 4, no. 7) and 24 of EU Regulation 2016/679 of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data (hereinafter “EU Regulation”), informs you, pursuant to Article 13 of the Code and Article 13 of the EU Regulation, that it is the Data Controller of your personal data and will proceed with the relevant processing for the purposes and in the manner indicated below.

Please also read the “Cookie Policy” and the “General Sales Conditions” of the website ferrogioielli.com, which contain detailed information regarding the conditions related to our services. Some services may be subject to specific legal terms; in such cases, we will provide you with all the necessary information from time to time.

This page describes the management methods of the website concerning the processing of personal data of users who interact with the web services of Ferro Orologi e Gioielli, accessible online at www.ferrogioielli.com, corresponding to the official website homepage of Ferro Orologi e Gioielli.

This information is provided only for the Ferro Orologi e Gioielli website and not for other websites that may be accessible by the user through links, for which the Company is in no way responsible, either in relation to current privacy and cookie regulations or regarding the content of those websites.

For the processing of personal data, it means any operation or set of operations, performed with or without the use of automated processes and applied to personal data or sets of personal data, even if not recorded in a database, such as collection, recording, organization, structuring, storage, processing, selection, blocking, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination, or any other form of making available, comparison or interconnection, limitation, erasure, or destruction.

 

The data will be processed for the following purposes, manually and/or with the support of computer or telematic means.

 

Primary purposes of the processing of personal data.

A.1. Pre-contractual and contractual purposes.

Personal data will be processed for the following purposes:
conclude contracts of which the data subject is a part;
fulfill pre-contractual, contractual, and tax obligations arising from existing relationships with the data subject.

A.2. Purpose and fulfillment of obligations provided by law, regulations, or EU legislation.

Personal data will also be processed to fulfill obligations provided by law, regulations, or community legislation and for civil, accounting, and tax purposes.

 

Communication and disclosure of personal data for the pursuit of primary processing purposes.

In all the cases outlined above, the Data Controller may communicate personal data externally, i.e., to third parties to whom communication is necessary to fulfill obligations arising from contracts and legal requirements (by way of example and not exhaustively: individuals, companies, or professional firms providing assistance, consulting, or collaboration in accounting, administrative, legal, tax, and financial matters related to contracts; in the case of prize events, the Ministry of Economic Development, Chambers of Commerce, prize-supplying companies, etc.).

Furthermore, for the pursuit of primary purposes, data may be disclosed to any other third party if such disclosure is mandatory by law or to properly fulfill obligations under the EU Regulation or contractual conditions.

With reference to Article 13, paragraph 1, letter d) of the Privacy Code and Article 13, paragraph 1, letter e) of the EU Regulation, the following is a list of subjects or categories of subjects who may become aware of the data subject’s personal data as controllers or processors:
personnel of the Data Controller, appointed as data processors (e.g., personnel in the commercial office, sales department, secretarial and administrative services, transportation and assembly personnel, warehouse personnel, etc.);
third parties involved by the Data Controller for the organization and administrative management of contracts, possibly appointed as data controllers or processors;
third parties involved by the Data Controller for the maintenance and assistance of the information system, possibly appointed as data controllers or processors.

Personal data will not be subject to dissemination.

 

B.1. Mandatory or optional nature of consent for the pursuit of primary purposes of personal data processing.

In all the cases outlined in Sections A.1 and A.2 (for cases of communication to third parties) and based on the provisions of the Privacy Code and the EU Regulation, the Data Controller is not obligated to obtain specific consent for the processing of the data subject’s data. All the aforementioned processes pursue primary purposes for which Article 24 of the Code and Article 6 of the EU Regulation expressly exclude the obligation to obtain specific consent from the data subject, either because the processing is necessary to fulfill an obligation imposed by law, regulation, or community legislation; or because the processing is necessary to perform obligations arising from a contract of which the data subject is a party or to fulfill, before the conclusion of the contract, specific requests of the data subject; or finally, because the processing of data pursues administrative-accounting purposes under Article 34 of the Code.

If the data subject does not intend to provide the requested and necessary personal data as indicated above, the consequence would be the impossibility of entering into, executing, and fulfilling the contract.

3. Secondary purposes of personal data processing.

 

C.1. Promotional, advertising, and marketing purposes.

The collected personal data may also be processed for promotional purposes, advertising communication, solicitation of purchasing behaviors, market research, surveys (including telephone, online, or form-based surveys), statistical analyses (in an identifiable form), other sample marketing research in a broad sense (including prize events, games, and contests) of products and/or services related to Ferro Orologi e Gioielli (hereinafter collectively referred to as “Marketing Processing”). For transparency, for the purpose of fully informed consent by the data subject, it is specified that registration on the website, or the collection of data in person, is exclusively required for customers who wish to receive promotional or advertising communications from the Controller and also consent to additional processing for the aforementioned purposes. If the customer does not wish to give consent for Marketing Processing, registration on the website will not be necessary for browsing and viewing the website content, which can still be done as an unregistered user.

By giving consent to Marketing Processing, the data subject explicitly acknowledges the promotional, commercial, and marketing purposes of the processing (including the consequent administrative and managerial activities) and expressly authorizes such processing under Article 23 of the Code (where the means used for Marketing Processing are non-electronic, non-telematic, or not supported by automatic, electronic, or telematic mechanisms and/or procedures), under Article 130 of the Code (where the means used for Marketing Processing are electronic mail, fax, SMS, MMS, automatic systems without operator intervention, and similar, including electronic platforms and other telematic means), as well as under Article 6, paragraph 1, letter a) of the Regulation.

In accordance with the General Provision of the Guarantor for Privacy dated May 15, 2013, entitled “Consent to the processing of personal data for direct marketing purposes through traditional and automated contact tools,” it is clarified that:
1. the consent possibly given for the sending of commercial and promotional communications, based on Article 130, paragraphs 1 and 2, of the Code (i.e., through the use of electronic mail, fax, SMS, MMS, automatic systems without operator intervention, and similar, including electronic platforms and other telematic means), might imply receiving such communications not only through said automated contact methods but also through traditional methods, such as postal mail or operator-assisted calls;
2. the data subject’s right to object to the processing of their personal data for “direct marketing” purposes through the aforementioned automated contact methods will also extend in any case to traditional methods. However, even in this case, the possibility of exercising this right only in part remains, as provided for in Article 7, paragraph 4, of the Code, both with respect to certain means and certain processing;
3. the data subject who does not wish to give consent as indicated above retains the possibility of expressing the will to receive communications for the aforementioned marketing purposes exclusively through traditional contact methods, if provided for: this will can be exercised free of charge by sending a simple email to the address: assistenza@ferrogioielli.com.

For the proper compliance with the current privacy regulations, Ferro Orologi e Gioielli informs that the consent formula to be given will be comprehensive and overall, referring to all possible means and purposes of marketing processing, pursuant to Articles 23 and 130 of the Code, while allowing the data subject to notify the Data Controller, at the email address: assistenza@ferrogioielli.com, of any different will regarding the use of certain means and not others for receiving communications or regarding consent or refusal for specific marketing purposes.

To proceed with Marketing Processing, it is necessary to obtain specific, separate, express, documented, prior, and entirely optional consent. Consequently, if the data subject decides to give specific consent, they must be informed in advance and aware that the purposes of the processing are exclusively of a specific commercial, advertising, promotional, and marketing nature.

Ferro Orologi e Gioielli informs the concerned party that the data will be collected and subsequently processed based on specific consent for the following purposes:

1. to send advertising and informational material (e.g., newsletters, SMS), for promotional or commercial solicitation purposes, according to Articles 23 and 130 of the Privacy Code;
2. to carry out direct sales or placement activities of the Company’s products or services;
3. to send commercial information or carry out interactive commercial communications;
4. to conduct studies, research, and market statistics;
5. to send unsolicited commercial communications according to Article 9 of Legislative Decree April 9, 2003, no. 70, implementing the so-called E-Commerce Directive 2000/31/EC, which stipulates that unsolicited commercial communications must be immediately and unequivocally identifiable as such and contain an indication that the recipient of the messages can oppose future receipt of such communications.

By giving optional consent, the concerned party specifically acknowledges and authorizes these treatments and/or treatments pursuing similar purposes.

In any case, even if the concerned party has given consent to authorize the Company to pursue all the purposes mentioned from 1 to 5 above, they will remain free at any time to revoke it by sending a clear communication to assistenza@ferrogioielli.com. Upon receiving such an opt-out request, the Company will promptly remove and delete the data from the databases used for marketing purposes and inform any third parties to whom the data has been communicated for the same deletion purposes.

In the event that the concerned party provides, for the purposes outlined above, their telephone number and gives optional and specific consent (which also covers the processing of this personal data) for promotional and marketing purposes as described above, the Company informs the concerned party that it can legally process the telephone number for marketing purposes even if it is registered in the Public Register of Objections. This is because it is processed from a source other than public telephone directories and is covered by specific consent, subject to the right of subsequent opposition to the processing if the consent is formally revoked.

It is specifically and separately stated that, in accordance with Article 21 of the EU Regulation, the concerned party has the right to object at any time to the processing of personal data concerning them carried out for these purposes. If the concerned party opposes the processing for direct marketing purposes, personal data can no longer be processed for such purposes.

 

C.2. Communication and dissemination of personal data for promotional, advertising, and marketing, market research purposes.

In accordance with the General Provision of the Guarantor dated July 4, 2013, containing the Guidelines for combating spam, the third-party recipients of the communications of personal data of the data subjects for subsequent processing for marketing purposes can be identified with reference to the following subjects and categories of goods or economic sectors:

a) other companies in the Group, or other brands of Ferro Orologi e Gioielli belonging to the jewelry and watchmaking sector;
b) third parties belonging to the sectors of publishing, providers of goods and services for electronic communication, Internet service providers, communication agencies, companies providing insurance and financial services, companies in the food and catering sector, clothing, ICT hardware and software, banks and credit institutions, travel agencies, companies offering services in the tourism sector, companies offering services and goods for individuals, companies supplying goods and services in the energy and gas sector, etc.

Personal data processed for marketing purposes will not be subject to dissemination.

In the event that, for the purposes outlined in paragraph C.1, the concerned party provides their telephone number and gives optional and specific consent (which also covers the processing of this personal data) for promotional and marketing purposes as described above, the Company informs the concerned party that any third parties may legally process the telephone number for marketing purposes even if it is registered in the Public Register of Objections. This is because it is processed from a source other than public telephone directories and is covered by specific consent, subject to the right of subsequent opposition to the processing if the consent is formally revoked.

 

C.3. Mandatory or optional nature of consent for promotional, advertising, and marketing, market research purposes.

The provision of personal data to the data controller and the giving of consent to the processing and communication for marketing purposes, as well as communication to third parties for processing for marketing purposes, for the purposes and in the manner outlined above, are absolutely optional and voluntary (and revocable without formality even subsequently by sending an email to assistenza@ferrogioielli.com. Non-provision will not have consequences other than the impossibility for the data controller and any third party to proceed with the mentioned marketing treatments. In the case of refusal of marketing consent, there will be no interference or consequence on the possibility of entering into contracts and/or the subsequent performance of the contractual relationship with the concerned party.

 

C.4. Additional secondary purpose of processing personal data – Profiling of purchase preferences.

As an additional purpose of processing, Ferro Orologi e Gioielli may, with the prior acquisition of a distinct and separate specific consent from the data subject, collect and process profiling data concerning the individual data subject to improve the offer of its products. Therefore, also in accordance with the aforementioned EU Regulation, the data subject is informed that the purposes of the profiling processing described below will be the subject of a distinct and separate consent, and that this profiling is connected to commercial, advertising, promotional, and marketing purposes.

According to Article 4, paragraph 1, no. 4) of the EU Regulation, profiling means: any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning professional performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of said natural person.

Profiling activity may involve “individual” personal data or “aggregated” personal data derived from detailed individual personal data. To clarify what profiling consists of, reference can be made, purely as an example, to the following parameters:

– Data are structured and coordinated based on predefined parameters identified from time to time, depending on business needs (independent of marketing, contractual, administrative purposes, etc.);
– The starting data, individually considered, may include various personal information, including data on browsing experiences, types of consents given to receive specific commercial communications and not others, data on browsing habits to reconstruct the tastes and habits of the user, identifying the potential consumer profile in order to send newsletters, commercial communications, offers, and promotions consistent with the identified profile, etc.;
– Only following profiling (i.e., structuring according to predefined parameters) is it possible to deduce additional indications attributable to each data subject, additional indications (i.e., the “profile,” for example, market segment, active marketing communication services, commercial attitude, etc.) that would not derive from the mere informative attitude of the data individually or separately considered. In other words, profiling in the strict sense can provide an information asset that goes well beyond the information considered individually and relating to each data subject separately. Furthermore, profiling in the strict sense provides added value given by the multiple correlations that can be established between the individual collected data, in order to obtain useful additional information.

As for the obligations of the Company to provide, according to Article 13, paragraph 2, letter f) of the EU

Regulation, information on the logic of profiling processing as well as the importance and consequences of such processing, the following is further clarified:

The fundamental elements of profiling processing will be:
1) the predetermination of parameters for structuring individually considered data;
2) the comparison, cross-referencing, and relationship of such data with each other and the comparative analysis carried out based on predefined parameters, also through automated processes;
3) obtaining a profile through activities that precede and allow the identification of a consumer profile and additional analytical indications compared to individual data, allowing the mapping/segmentation into homogeneous behavior groups (dynamic creation of behavioral profiles).

The processing outlined above will be collectively defined as “Profiling Processing” in the future.

The Company may proceed with Profiling Processing in the case of detecting:
– number and type of requests for information on products and services of the Company made within a predetermined time frame;
– number and type of expenses made for products and/or services within a predetermined time frame;

– number and type of new contracts possibly entered into within a predetermined time frame;
– number and type of information requests sent within a predetermined time frame;
– number and type of visits to the website within a predetermined time frame, also through profiling cookies.

To proceed with Profiling Processing, it is necessary to obtain specific, separate consent (also from the above marketing consent), expressed, documented, and entirely optional.

Consequently, if the data subject decides to give specific consent, they must be informed in advance and aware that the purposes of the processing pursued are of a specific commercial, advertising, promotional, and marketing nature or based on Profiling Processing. Ferro Orologi e Gioielli informs that the data collected based on specific consent may be the subject of Profiling Processing for the same purposes as those in paragraph C.1 of this notice, while the communication scope will eventually be the same already specified for Marketing Treatments in paragraph C.2.

The provision of personal data to the Company and the giving of consent for Profiling Processing purposes, as outlined above, are absolutely optional and voluntary (and revocable without formality even subsequently by sending an email to assistenza@ferrogioielli.com). In case of non-provision, it will not be allowed for the data controller to proceed with the aforementioned profiling treatments. In any case, there will be no interference and/or consequence on the conclusion of the contract and/or on the subsequent performance of the contractual relationship with the data subject.

 

C.5. Communication and dissemination of personal data for the pursuit of profiling of purchase preferences.

The third-party recipients of the communications of personal data of data subjects for subsequent Profiling Processing can be identified with reference to the following subjects and categories of goods or economic sectors:

a) other companies in the Group, or other brands of Ferro Orologi e Gioielli belonging to the jewelry and watchmaking sector;
b) third parties belonging to the sectors of publishing, providers of goods and services for electronic communication, Internet service providers, communication agencies, companies providing insurance and financial services, companies in the food and catering sector, clothing, ICT hardware and software, banks and credit institutions, travel agencies, companies offering services in the tourism sector, companies offering services and goods for individuals, companies supplying goods and services in the energy and gas sector, etc.

There is no provision for the dissemination of data subject to Profiling Processing and the related authorized profiles as per paragraph C.4.

 

C.6. Mandatory or optional nature of consent for the pursuit of profiling of purchase preferences.

The provision of personal data to the data controller and the giving of consent for profiling purposes, for the purposes and in the manner outlined above, are absolutely optional and voluntary (and revocable without formality even subsequently by sending an email to assistenza@ferrogioielli.com). In case of non-provision, it will not be allowed for the data controller to proceed with the aforementioned profiling treatments. In any case, there will be no interference and/or consequence on the conclusion of the contract and/or on the subsequent performance of the contractual relationship with the data subject.

1. Processing methods.

The processing of personal data is carried out through the operations indicated in Article 4 of the Privacy Code and Article 4, no. 2) of the EU Regulation, namely: collection, recording, organization, structuring, storage, consultation, processing, adaptation or alteration, selection, extraction, comparison, use, interconnection, blocking, communication, deletion, and destruction of data. Personal data will be subject to both paper and electronic and/or automated processing.

1. Data retention times.

The data will be stored for the times defined by the reference legislation, which are specified below in accordance with Article 13, paragraph 2, letter a) of the EU Regulation. The data will be stored in accordance with the principle of proportionality and in any case until the purposes of the processing are pursued or until, if earlier, the specific consent is revoked by the data subject. The five or ten-year terms for the storage of only civil, accounting, and tax-related documents and data, as provided by the current laws, remain in force. With specific reference to personal data subject to Marketing Processing, they will be stored for 24 months or a shorter term if the specific consent is revoked by the data subject. Finally, with specific reference to personal data subject to Profiling Processing, they will be stored for 12 months or a shorter term if the specific consent is revoked by the data subject.

1. Transfer of data to third countries.

In accordance with Article 13, paragraph 1, letter f) of the EU Regulation, it is informed that all collected data will not be transferred to a third country or an international organization for processing by the latter without users having been previously informed and having given their consent; neither inside nor outside the European Union.

1. Navigation data.

The computer systems and software procedures used for the operation of this website (www.ferrogioielli.com) acquire, during their normal operation, some personal data, the transmission of which is implicit in the use of Internet communication protocols. These are pieces of information not collected to be associated with identified individuals but that, by their very nature, could, through processing and association with data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of computers