DATA PROTECTION POLICY
Welcome to www.montura.it (hereinafter the "Site").
In compliance with the provisions of EU Regulation 2016/679 of 27 April 2016 (GDPR) and Italian Legislative Decree. no. 196 of 30 June 2003 and subsequent amendments and additions, the following is the information on the processing of personal data of those (hereinafter, the "Users") who use the Site. By using the Site, as well as taking advantage of its functions and services, Users accept the terms of the processing of their personal data as indicated in this policy. Therefore, if you do not agree with any of the conditions, please do not use this Site.
- Data Controllers.
Montura Store S.r.l., with registered office in Italy, località le Fosse n. 1, 38060 Isera (TN), VAT number, tax code and Trento Chamber of Commerce registration number 02075200226, Economic and Administrative Index No. TN-198681 (hereinafter "Montura Store"), and Montura S.r.l., with registered office in Italy, at via Trento n. 138, 36010, Zanè (VI), VAT number, tax code and Trento Chamber of Commerce registration number 04376610244, Economic and Administrative Index No. VI-399742 (hereinafter "Montura"), are joint data controllers for the processing of Users' personal data, under specific agreement, each for the following purposes:
(i) Montura Store processes personal data for commercial purposes, in relation to sales and after-sales activities, concerning the management, conclusion and execution of contracts for the purchase of products on the Site;
(ii) Montura processes personal data for marketing, profiling and statistical purposes.
Montura Store and Montura (hereinafter jointly referred to as the “Data Controllers") recognise the importance of the right to the protection of personal data and undertake to process the data according to the principles of correctness, lawfulness, transparency, strict necessity and protection of the confidentiality and rights of the data subject, in accordance with the provisions of current legislation.
The parties involved in the processing of data are the Users, who provide their data by using the Site, its functions and services.
- Data, Purpose and Basis of Processing.
The Data Controllers, each within their respective areas of responsibility, process the following types of User data, provided and/or collected as a result of the interaction with the Users, for the purposes and on the basis indicated below.
(i) Data provided when purchasing products through the online shop and/or by registering with the Site. These are contact details (such as first name, last name, e-mail address, home address, city, province, post code/zip code, country/state, telephone number), payment information, other account data (concerning the creation and management of the account itself, including the password), details of products purchased and/or returned, as well as billing and shipping information, after-sales service data, as well as information provided by Users, using the contact details.
This data is processed for commercial and marketing purposes, relating to sales and after-sales activities and, in particular, to meet pre-contractual requirements, conclude contracts, fulfil contractual obligations (relating to the purchase and supply of products) and receive payments, fulfil legal obligations, including accounting and tax obligations, manage customers, manage suppliers of related services and employees (such as, for example, financial and insurance services, as well as electronic payment tools, assignment of receivables and litigation), as well as relating to product promotion activities.
This processing is necessary for the execution of contracts with Users, pursuant to Article 6, paragraph 1, letter b) of the GDPR and to ensure compliance with legal obligations, pursuant to Article 6, paragraph 1, letter c) of the GDPR and is also based on the consent of Users, pursuant to Article 6, paragraph 1, letter a) of the GDPR, and also on the legitimate interest of the Data Controllers, pursuant to Article 6, paragraph 1, letter f), of GDPR, in the promotion and marketing of the products, as well as in the conclusion of contracts with Users and to facilitate the registration on the Site of Users as possible customers, through the creation and management of the relevant accounts.
(ii) User Interaction Data. These are details of products purchased and/or returned, navigation data (i.e., information collected through Users' navigation on the Site, such as their IP address, device and browser information, pages visited and words entered into the "Search" tool), data relating to Users' preferences and opinions (such as, for example, information provided in relation to sections within the account, such as, the "Wish list", "Recurring profiles", "My product reviews", "My tags", "My applications"), data relating to the display of pages, products and other contents of the Site, data relating to the subscription to the newsletter and/or collected for marketing, analysis and statistical surveys and profiling purposes, as well as information concerning the opening and consultation of the newsletter.
Such data is processed for commercial purposes, in order to meet pre-contractual requirements and to manage customers, for marketing purposes, in order to promote the sale of products (including through the newsletter), for profiling purposes, in order to analyse the preferences and interests of Users, identifying products that may be of interest to them, for analysis and statistical survey purposes, in order to collect statistical information and carry out any market research, and to allow correct and complete navigation on the Site.
Such processing is based on the consent provided by the Users, pursuant to Article 6, paragraph 1, letter a) of the GDPR, and may also be based on the legitimate commercial interest, pursuant to Article 6, paragraph 1, letter f) of the GDPR, to promote and improve the product market.
(iii) Data collected through contact with Users: this is data and information provided by Users, using contact details (including direct submission of applications).
Such data is processed by the Data Controllers, within their respective areas of responsibility, to provide information and communicate with Users.
Such processing is based on the consent provided by Users, pursuant to Article 6, paragraph 1, letter a) of the GDPR and may also be based on the legitimate interest, pursuant to Article 6, paragraph 1, letter f) of the GDPR, in responding to Users' needs and requests.
- Nature of the Provision of Data.
If the provision of data is a requirement for the conclusion and execution of a contract or for the fulfilment of legal obligations, it is necessary. Users are free to provide or withhold data; however any refusal to provide this, or the provision of incorrect data affects the possibility of finalising and executing contracts for the purchase of products and/or prevents the fulfilment of legal obligations.
In other cases, on the other hand, the provision of data is free and optional and failure to provide data or the communication of incorrect data may, depending on the circumstances, interfere with the functionality of the Site and/or services related to it, or impede the processing for marketing, profiling and analysis and statistical purposes, without prejudice to the possible conclusion and execution of contracts for the purchase of products.
- Methods of Data Processing.
The data will be processed mainly in electronic format, as well as in some cases also manually in paper format, in accordance with the provisions of the regulations in force, also with regard to the security measures provided by Article 32 of the GDPR.. The processing of personal data may take place through operations of collection, recording, organisation, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, comparison or interconnection, restriction, deletion or destruction.
The data may also be processed with the aid of automated processes (through analysis, processing and identification of categories), in particular when the processing is carried out for marketing, profiling and statistical survey and analysis purposes.
- Data Disclosure.
The data is accessible to personnel expressly authorised to do so by the Data Controllers, each within their respective areas of responsibility. The staff of each of them will act according to specific instructions regarding the purposes and methods of processing.
Personal data may be disclosed to third parties, service providers, such as, for example, carriers and shipping agents, consultants and professionals, banks and insurance companies, debt collection and credit transfer companies, suppliers and managers of IT services. Only the data necessary for the provision of their services will be disclosed to these third parties. These third parties will act, according to the circumstances and/or by virtue of existing agreements, as data processors (on the basis of the instructions provided by the Data Controllers, within their respective areas of responsibility) or as autonomous data controllers.
Some of the third parties to whom the data may be transferred (such as, for example, carriers and shipping agents, as well as IT and logistics service providers and operators) may be located in countries outside the European Economic Area. In this case, the data will be transferred in accordance with the provisions of current legislation and, in particular, to third parties located in countries that guarantee an adequate level of protection, as identified by the European Commission (for example: third parties certified under the agreement between the European Union and the United States of America, called Privacy Shield). In the event that third parties are located in countries that do not guarantee an adequate level of protection in accordance with the standards established by the European Commission, the transfer may only take place in accordance with the regulations in force, i.e. by obtaining the consent of Users, or if the transfer is necessary for the execution of a contract, or following the adoption of appropriate measures to ensure the protection of the data being transferred (in particular, contractual agreements based on the standard data protection clauses drawn up by the European Commission), without prejudice to the right of Users to be informed and have a copy of the guarantees adopted, by making a request to the addresses indicated in the paragraph "Contacts” below.
Personal data may also be disclosed to public bodies, such as law enforcement agencies and judicial authorities for the purposes, in the cases and within the limits provided for by current legislation. Personal data will not be disseminated under any circumstances.
In the event that the Data Controllers are required to process the personal data of third parties, given to them by the Users (as happens, for example, when a User buys products through the online store, indicating another person as the recipient, or when a User indicates to another person products for sale on the online store), the Users are required to obtain prior consent from the third parties concerned and acknowledge that this act represents the processing of personal data with respect to which they act in the capacity of autonomous data controllers, thereby assuming the obligations and responsibilities provided for by current legislation. In such cases, the Data Controllers will provide, as far as is concretely possible, the information on the processing of personal data (including the source from which the personal data originate, as well as the categories of personal data in question) to the third parties indicated by the Users and request, where necessary, their consent.
- Unwanted Notifications.
The e-mail address provided by the User in the context of a previous sale may be used to send him/her, pursuant to Article 130, paragraph 4, of Italian Legislative Decree no. 196 of 30 June 2003, notifications of a commercial and promotional nature, concerning products similar to those already purchased on the Site. Users may refuse such use of their email addresses from the outset or on the occasion of subsequent notifications, expressing (at any time and free of charge) their objection to such processing, by clicking on the button "I no longer wish to receive communications" at the bottom of each email, or by sending a specific request to that effect, in the manner and at the contact details indicated in the paragraph "Contacts” below.
In order to allow the sending of marketing communications, through newsletters, as well as for the purposes of profiling and statistical survey and analysis, the express consent of the User is required.
In addition to the aforementioned consent to processing, subscribing to the newsletter also requires the provision of the following data: e-mail address, name, surname and country.
Subscribing to the newsletter involves receiving periodic communications by e-mail for marketing purposes, such as:
- promotional communications relating to recreational, sporting and cultural events and events organised by Montura and/or Montura Store and/or third parties;
- advertising communications, concerning commercial initiatives, to signal and propose products and collections to registered users;
- advertising communications, relating to products and/or services of third parties, not directly related or inherent to products and collections marketed under brands of which Montura is the owner or licensee.
The services offered by MailChimp, an e-mail marketing platform owned by Rocket Science Group LLC, based at 675 Ponce de Leon Avenue Northeast, Suite 5000 Atlanta, GA 30308, USA, are used to send and manage newsletters.
Newsletters may contain a web beacon, such as a pixel file, which is retrieved from the MailChimp server when opened and consulted, allowing the collection of technical data such as, for example, information on IP address, browser and content (links) selected by subscribers.
On the basis of the consent to the processing of data expressed when subscribing to the newsletter, the data collected may be used for analysis and statistical surveys, as well as profiling such as, for example, to carry out checks on newsletters sent, in order to adapt their content to enable targeted communications.
By virtue of the Users' express consent at the time of subscribing to the newsletter, as well as the legitimate commercial interest in using MailChimp's services for the purpose of sending newsletters, the data collected will also be used by MailChimp for analysis and statistical surveys, consisting in refining its newsletter management and delivery service.
The processing of data is, therefore, based on the consent of the Users, pursuant to Article 6, paragraph 1, letter a) of the GDPR. The use of the service provided by MailChimp, as well as the surveys and statistical analyses of the latter platform, are based on the legitimate interest, in accordance with Article 6 paragraph 1, letter f of the GDPR, to operate a smooth and secure newsletter service in accordance with the commercial policy pursued.
The provision of data is free and optional and in the case of Users under 18 years of age, requires the consent of those who exercise parental responsibility. Any refusal to provide data or the disclosure of incorrect data will result in the inability to receive the newsletter.
Thee-mail address of the Users who subscribe to the newsletter, is disclosed to MailChimp and stored by it on its servers for the purpose of sending the newsletter. MailChimp is certified in accordance with the agreement between the European Union and the United States of America, called Privacy Shield, and is committed to protecting the data of registered Users, processing it in accordance with current legislation and not disclosing it to third parties. Users may consult MailChimp's data processing policy at the following address https://mailchimp.com/legal/privacy/, as well as the security measures taken by Mail Chimp at the following link https://mailchimp.com/about/security/. More information about the Privacy Shield is available at the following link https://www.privacyshield.gov/welcome.
If Users wish to withdraw their consent to receive newsletters or if they have not given their consent to subscribe to the newsletter, they can at any time unsubscribe from the relevant service by clicking on the "I do not wish to receive any more communications" button in each email or by sending a specific request, in the manner and at the contact details indicated in the paragraph "Contacts” below. Once you unsubscribe, you will be sent an e-mail message to confirm your deletion from the newsletter mailing list.
- Data Retention.
The data will be kept for a period of time necessary and sufficient to achieve the purposes for which it was collected. In particular:
- the data relating to sales and after-sales activities, concerning, for example, the conclusion and execution of contracts for the purchase of products on the Site's online shop, payments, invoicing, etc., will be kept for a period of 10 years after the conclusion of the relationship or, if later, after invoicing;
- the data relating to registration on the Site will be kept for 10 years from the closure of the User's account, to comply with legal obligations and to protect the rights of the data controller;
- data relating to Users' requests will be kept until the requests and related needs are met;
- data relating to activities concerning marketing, profiling and statistical survey and analysis purposes will be retained for as long as consent is given.
- Links to Third-Party Websites.
- Rights of Stakeholders.
In accordance with current legislation, as interested parties, Users may exercise the following rights.
Right of access to personal data: this is the right to obtain confirmation from the Data Controllers as to whether or not their personal data is being processed and, if so, to obtain access to the relevant information.
Right to rectify personal data: this is the right to obtain the rectification of inaccurate or erroneous personal data, as well as its amendment if incomplete, including by means of an additional declaration.
Right to withdraw consent: this is the right to withdraw, at any time, previously expressed consent to the processing of data. The withdrawal of consent shall not affect the lawfulness of processing based on the consent given before the withdrawal.
Right to deletion of data (i.e., the right to be forgotten): this is the right to obtain, without unjustified delay, from the Data Controllers the deletion of one’s personal data, in the cases provided for by current legislation and in particular: when the personal data is no longer necessary with respect to the purposes for which it was collected or otherwise processed; when the User withdraws the consent on which the processing is based and there is no other legal basis for the processing itself, or if the User objects to the processing and there is no prevailing legitimate reason to proceed with the processing; when the User objects to the processing for direct marketing purposes; when the data has been processed unlawfully; when the personal data must be deleted in order to comply with a legal obligation under the law of the European Union or of the Member State to which the Data Controllers are subject; or when the personal data has been collected in relation to the provision of services.
Right to restrict processing: this concerns the right to obtain from the Data Controllers the limitation of the processing itself in certain cases; when the User contests the accuracy of the personal data, for the period necessary for the Data Controllers to verify the correctness of such data; when the processing is unlawful and the User opposes the deletion of the personal data, requesting instead that its use be restricted; when, although the Data Controller no longer needs it for the purposes of processing, the personal data are necessary for the User to ascertain, exercise or defend a right in court; in the event that the User has objected to the processing, pending verification that the legitimate reasons of the Data Controller take precedence over those of the User. In such cases, the data will be processed, except for storage, only with the User's consent or to ascertain, exercise or defend a right in court or to protect the rights of another natural or legal person or for reasons of relevant public interest of the European Union or a Member State.
Right to object: this is the User's right to object, at any time, for reasons related to his/her particular situation, to the processing of his/her personal data. In the event of objection by the User, Montura Store or Montura, or both Data Controllers, depending on who the recipient is, will refrain from further processing of personal data, unless they can prove the existence of legitimate compelling reasons for processing that prevail over the User's interests, rights and freedoms or for the ascertainment, exercise or defence of a right in court.
In the event that personal data is processed for marketing purposes, the User has the right to object at any time to the processing of personal data concerning him/her carried out for such purposes, including any profiling to the extent that it is related to and for the purposes of marketing, his or her data will no longer be processed for such purposes.
Right to data portability: this is the User's right, if the processing is based on consent or on a contract and it is carried out by automated means, to obtain from the Data Controllers the personal data concerning him/her, in a format that is structured, in common use and readable by automatic device, as well as the right to submit such data to another Data Controller, without hindrance by the Data Controllers to whom it has been provided and, if technically possible, to obtain that it is the latter who carry out the submitting of the data.
Right to lodge a complaint to a supervisory authority: this is the right to lodge a complaint to a supervisory authority if the User considers that the processing concerning him/her is in breach of current legislation and without prejudice to any other administrative or judicial remedy. In Italy, a complaint can be submitted to the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali) – for more information, you can consult the relevant website https://www.garanteprivacy.it.
Right not to be subject to automated decision-making: This is the User's right not to be subject to a decision based solely on automated processing, including profiling which produces legal effects concerning him or her or similarly affects him or her.
In order to exercise their rights, Users may contact the Data Controller, according to the means and at the addresses indicated in the paragraph "Contacts” below.
- Personal Data of Minors.
The Data Controllers do not collect personal data of Users under 18 years of age, without the (verifiable) consent to the processing by those who exercise parental responsibility. Should the Data Controller become aware that personal data of minors under 18 years of age have been provided without the necessary authorisation, they will promptly delete such data.
For any further information or clarification on how Montura Store and Montura process personal data or to exercise your rights, or to learn about the agreement between the Data Controllers, the following contact details can be used:
- by post (registered letter with return receipt) to the address: Montura Store S.r.l., località le Fosse n. 1/2, 38060 – Isera (TN), Italy;
- by e-mail, at the address [email protected] ;
- by fax, at fax no. +39 0445 318 909.
- by post (registered letter with return receipt) to the address: Montura S.r.l., via Trento no. 138, 36010 – Zanè (VI), Italy;
- by e-mail, at the address [email protected] ;
- by fax, at fax no. +39 0445 318 909.
Once contacted, the Data Controllers will provide, within their respective powers, an adequate reply as soon as possible and in any case within one month from the receipt of the request.
The Data Controllers reserve the right to add to and modify, at any time, this information on the processing of personal data. Given that the changes will be effective as soon as they are published on the Site, we invite you to periodically consult this page of the Site, in order to remain constantly updated on the processing of data.