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PRIVACY POLICY

(Information on the processing of personal data pursuant to article 13 of EU Regulation 679/2016)

Ognibene S.p.A. (or shortened to "Ognibene" and/or "Company") is a leading company in the supply of special design and commercial chains; it produces and/or sells motorcycle components, industrial systems and cleaning systems and lubrication control units; it also offers advice and design, especially in the area of customised chains.

Ognibene, as Data Controller (hereinafter "Controller") pursuant to EU Regulation 679/2016 ("Regulation"), will process Your data according to principles of correctness, lawfulness, transparency, purpose limitation and retention, minimisation and accuracy, integrity and confidentiality, as well as the principle of accountability pursuant to art. 5 of the Regulation. Your personal data will therefore be processed in accordance with the provisions of the Regulation and the duty of confidentiality set out therein.

This Privacy Policy:

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The processing of personal data means any operation or set of operations performed on personal data or sets of personal data, with or without the aid of automated processes, such as collection, recording, organisation, structuring, retention, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or combination, restriction, elimination or destruction. 

We inform you that the personal data subject to processing may consist of textual information, photographic images or video, or any other information suitable for identifying or rendering the subject identifiable according to the type of service requested.

CONTENTS

The table of contents for this Privacy Policy is provided below so that You can easily find the information relevant to the processing of your personal data that may concern You.

1. DATA CONTROLLER AND DATA PROTECTION OFFICER

2. PERSONAL DATA SUBJECT TO PROCESSING

3. PURPOSES OF DATA PROCESSING

4. LEGAL BASIS AND MANDATORY OR OPTIONAL NATURE OF THE PROCESSING

5. RECIPIENTS OF THE PERSONAL DATA

6. TRANSFER OF PERSONAL DATA

7. CONSERVATION OF PERSONAL DATA

8. RIGHTS OF DATA SUBJECTS

9.CHANGES

10.CONTACT

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1. DATA CONTROLLER AND DATA PROTECTION OFFICER

The data controller of Your personal data is Ognibene S.p.A., with headquarters in Bologna (BO), Via del Tipografo n. 6, VAT number 01215090372, which markets its products/services at its headquarters, through the Platform or through authorised dealers and shops.

The Controller has a data protection officer (Data Protection Officer or "DPO").  The DPO is available at the email address in the "Contact" section for any information concerning the processing of Your personal data and the exercise of Your rights as deriving from the Regulation.

2. PERSONAL DATA SUBJECT TO PROCESSING

We inform You that the personal data subject to processing may consist of an identifier such as Your name, an identification number, location data, an online identifier or one or more elements specifying Your physical, physiological, psychological, economic, cultural or social identity.

The personal data processed is as follows:

a. Navigation data

The computer systems and software procedures in charge of the Platform acquire certain personal data whose transmission is implicit in the use of internet communication protocols during their normal operation. This information is not collected with the intent of associating it with identified users but its nature may lead to the identification of users through processing and association with data held by third parties. This category of data includes IP addresses or domain names of computers used by persons who connect to the Site, the URI (Uniform Resource Identifier) of requested resources, the time of the request, the method used to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the reply given by the server (successful, error, etc.) and other parameters regarding the user's operating system and computing environment. This data is used for the sole purpose of obtaining anonymous statistical information on the use of the Platform to check that it is functioning correctly, to identify anomalies and/or abuses, and is deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes to the detriment of the Controller or third parties.

b. Data provided voluntarily by You

Your data is collected by the Controller by filling in the forms (hereinafter referred to as "forms") presented online by the Platform.

The forms require different types of mandatory data according to the provision of the requested service and the related compliance with the law, especially regarding tax.

This Privacy Policy is also intended for the processing of any additional data voluntarily provided by You. In this regard, we encourage You not to enterinformation in the forms that may fall within the particular categories of personal data pursuant to art. 9 of the Regulation unless You are explicitly requested (see letter and "specific categories of data" below).

c. Third party data provided voluntarily by You

In using certain services, personal data which You have provided to the Controller may be processed by third parties. In this event, You are the independent data controller, assuming all the legal obligations and responsibilities. In this sense, You confer on this point the widest indemnity with respect to any objection, claim, request for compensation for damage from processing etc. that should reach the Controller from third parties whose personal data has been processed through Your use of the services on the Platform in violation of the rules on the protection of relevant personal data. In any case, if You provide or otherwise process personal data of third parties while using the Platform, from then on you assume all connected liability and this hypothetical processing shall be based on the prior acquisition - on Your part - of the consent of the third party to the processing of information which concerns it.

d. Data processed in interaction with social networks

Your registration on the Platform may also take place via the transmission of the related data by another data controller (e.g. Facebook, Google, etc.). For example, by simply clicking on the "Register with Facebook" button, the latter will automatically send some of Your data as specified in the "pop-up" window and you will not need to fill in other forms on Your part.

e. Specific categories of data

The Controller may process specific categories of data, where such processing is necessary for the provision of the service and has been previously and expressly authorised by the interested party.

f. Geolocation

Among the services offered, it is possible for the user to view their own geographical position (transmitted, by prior consent, from the user's device to the Platform) on a map on which the geographically closest points of sale are displayed. This location data is not transmitted or made accessible outside the user's mobile device; Ognibene therefore does not process this data in any way. The Company may, however, process the data relating to Your location in order to provide services to You upon your express consent. The user always has the ability to deny the Platform access to Your location data through the settings of Your mobile device.

g. Cookies

Information on cookies created by the Website is available at the following link: https://www.iubenda.com

3. PURPOSES OF DATA PROCESSING

Your personal data will be processed where applicable, with Your consent where necessary, for the following purposes:

3.1. to allow the execution of a contract to which You are a party or the execution of pre-contractual measures taken upon Your request and, in any case, to allow the provision of services; among these services, some necessarily involve the processing of data for profiling purposes as they are personalised services.

3.2. to find specific requests addressed to the Controller;

3.3. to fulfil any obligations under current legislation and to satisfy requests from the authorities;

3.4. to carry out direct marketing via email for products/services similar to those that You have purchased;

3.5. to develop studies, research, market statistics; to you send information and promotional material relating to the activities, services and products of the company and its own commercial Partners, or surveys to improve the service ("customer satisfaction"). These communications may be made by email or text message, by post and/or telephone with an operator and/or through the official Ognibene pages on social networks or through push notifications via the App;

3.6. to analyse your interests, habits and consumption choices, in order to be able to send You informative and personalised promotional material about the services offered ("profiling");

3.7. to spread Your image on the communication channels available to the Controller;

3.8. to allow registration on the Platform and access to restricted areas;

Certain security measures are taken to prevent data loss, unlawful or incorrect use of data and unauthorised access.

4. LEGAL BASIS AND MANDATORY OR OPTIONAL NATURE OF THE PROCESSING

The legal basis for processing personal data for the purposes set out in sections 3.1, 3.2 and 3.8 is art. 6 (1) (b) of the Regulation ([...] processing is necessary for the performance of a contract of which the subject is a party or for the execution of pre-contractual measures taken at the request of the same), as the processing is necessary for the provision of services; as regards the processing of Your data for profiling purposes linked to the provision of services, as per section 3.1, this processing has its own legal basis in art. 22(2)(a) as it is necessary for the conclusion or execution of a contract between the subject and a data controller.  

The purpose referred to in section 3.3 represents a legitimate processing of personal data pursuant to art. 6(1)(c) of the Regulation ([...] processing is necessary to fulfil a legal obligation to which the data controller is subject). In fact, once the personal data has been transferred, the processing is indeed necessary to comply with the legal obligations to which the Company is subject.

The provision of personal data for the purposes described above is optional. Failure to provide data will, however, make it impossible to receive the requested services.

The processing performed for the purposes set out in sections 3.4, 3.5, 3.6 and 3.7 is based on You giving Your consent pursuant to art. 6(1)(a) ([...] the interested party has given their consent to the processing of their personal data for one or more specific purposes) and art. 22(2)(c) of the Regulation. The provision of Your personal data for the purposes set out in sections 3.4, 3.5, 3.6 and 3.7 is therefore entirely optional and does not affect the use of the services. If you wish to oppose the processing of Your data for these purposes, you may contact the Controller at any time at the addresses indicated in the "Contact" section of this statement or, where available, through the "Settings" of the App.

It should be noted that if the data controller uses, for direct sales of their products or services, the email details provided by the interested party in the context of the sale of a product or service, it may not require the consent of the data subject provided that the services are similar to those used during the sale and the interested party, having been adequately informed, does not refuse such use whether initially or upon subsequent communications.

Finally, your personal data belonging to "specific categories" of data will be processed subject to your explicit consent, in accordance with the provisions of art. 9(2)(a) of the Regulation.

The Company reserves the right to publish images related to its events or simply related to normal activities, in order to give visibility to its own activities, as well as for commercial purposes. Therefore, upon Your specific consent, Your image may be disseminated on the communication channels available to the Controller, including (but not limited to): the newsletter and the Company's official pages on social networks and its Platform.

5. RECIPIENTS OF THE PERSONAL DATA

Your personal data may be shared for the purposes set out in section 3 of this Privacy Policy with: 

5.1. persons, bodies or authorities with whom it is compulsory to communicate Your personal data in accordance with the provisions of the law or by order of the authorities;

5.2. i) persons, companies or professional firms that provide assistance and advice to the Controller in accounting, administrative, legal, tax and financial matters; ii) subjects delegated to carry out technical maintenance activities; iii) credit institutions, insurance companies and brokers; iv) parent companies, subsidiaries and affiliated Companies, limited to the pursuit of administrative-contracting purposes connected with the performance of organisational, administrative, financial and accounting activities;

5.3. persons authorised by the Company to process personal data necessary to perform activities strictly related to the provision of services, whether they are committed to confidentiality or have an appropriate legal obligation of confidentiality;

5.4. any licensees and/or concessionaires of the Platform.

6. TRANSFER OF PERSONAL DATA

Some of Your personal data may be shared with recipients outside the European Economic Area. The Controller ensures that the processing of Your personal data by these recipients takes place in compliance with the Regulation. Indeed, data transfers can be based on a decision over their suitability or on the Standard Contractual Clauses approved by the European Commission pursuant to the provisions of articles 45 and 46 of the Regulation. Further information is available from the DPO.

7. CONSERVATION OF PERSONAL DATA

Your personal data, including that which belongs to "specific categories" of data, will be processed using automated tools, and will be kept for the time necessary to fulfil the objectives pursued. In any case, this will not affect the further retention of data according to the applicable regulations which include the one provided for by art. 2946 and ss. c.c. Further information is available from the DPO.

8. RIGHTS OF DATA SUBJECTS

Pursuant to articles 15 and ss. of the Regulation, You have the right to ask the controller at any time to access to Your personal data, to rectify or cancel it or to oppose its treatment pursuant to art. 21 of the Regulation. You also have the right to request the limitation of processing in the cases provided for by art. 18 of the Regulation, as well as to obtain data relating to you in a structured format for common use and readable by an automatic device, in the cases provided for by art. 20 of the Regulation.

If the treatment is based on articles 6(1)(a) and 9(2)(a), You will have the right to withdraw Your consent at any time without prejudice to the lawfulness of any processing that has already taken place based on the consent given prior to the revocation.

Requests should be sent in writing to the Controller at the addresses indicated in the "Contact" section of this statement.

If there is a legal or contractual obligation to communicate Your personal data or it is a necessary requirement for the conclusion of a contract, You are obliged to provide Your personal data. Your failure to disclose such data will make it impossible for the Controller to process Your request and provide the services.

The Company has the discretion to use automated systems/processes and an automated decision-making procedure (such as profiling) in order to offer You the requested services.  For example, the Company could promote a certain new product/service based on some automated criteria that take into consideration the specific needs, the activity performed and the previous consumption choices of its clients. This is in order to meet the expectations of a set of customers potentially interested in buying.

In any case, You always have the right to lodge a complaint with the responsible supervisory authority (Guarantor for the protection of personal data), pursuant to art. 77 of the Regulation if you believe that the processing of Your data is contrary to current law.

9. CHANGES

The Controller reserves the right to modify or simply update the content of this Privacy Policy, in part or completely, including in the case of changes to the relevant legislation.   Ognibene will inform You of these changes as soon as they are introduced and they will be binding as soon as they are published on the Platform. The controller invites You to visit this section regularly so that You are aware of the most recent and updated version of the Privacy Policy in order to remain up-to-date on the data collected and the Company's use of it.

10. CONTACT

To exercise the rights referred to in this statement, you may write to the Controller: Ognibene S.p.A., with headquarters in Bologna (BO), Via del Tipografo n. 6.

You will be able to write to the DPO for any information concerning the processing of Your personal data and the exercise of Your rights at the following email address: a.giacometti@ognibenechaintech.it