Privacy Policy

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Privacy Policy

 Welcome to our website ("www.martinomidali.com"). Please read our Privacy Policy carefully as it applies every time you access the website and decide to browse within it and use its services, irrespective of whether or not you purchase products. Please also read the General Terms ofSaleof www.martinomidali.com , as they also contain important information on privacy and on the security systems used by the website.

 

Information notice art. 13 Italian Legislative Decree no. 196/2003 – supplementary to the information contained on the website www.martinomidali.com

 Processing Controller

 The processing controller of data collected via this website is Midali srl, with registered headquarters inItaly, Via F.lli Bronzetti, 23 – 20129Milan, Company Registration, Tax Code and VAT no. 04157350960, Economic & Administrative Index no.: MI – 1729940, with fully paid-up Share Capital of EUR 10,000.00. Midali Srl makes autonomous decisions regarding the processing purposes and methods, as well as on the security processes to be applied so as to ensure the confidentiality, integrity and availability of the data.

 

Optional or mandatory nature of data provision.

 The provision to Midali Srl of the personal data requested at the various times of collection may be necessary to pursue the purposes identified in the respective information notice, or it may be optional.

 The mandatory or optional nature of the provision is specified each time – with reference to the individual information requested – at the time of the individual collection of data, with a special character (*) denoting information of a mandatory nature.

 Any refusal to communicate to Midali Srl data that is marked as mandatory makes it impossible for that company to pursue the main purpose of that specific collection: such a refusal may, for example, lead to Midali Srl being unable to implement the purchase contract for products on www.martinomidali.com or to provide other available services (such as, for example, support services and provision of the MARTINO MIDALI newsletter). The provision to Midali srl of other data, different from that marked as mandatory (for example, landline telephone number), is, on the other hand, optional and does not involve any consequence in relation to the pursuit of the main purpose of the collection (for example, where appropriate, use of the website and its services or the purchase of products).

 

Processing managers

At present, the managers which process customers’ personal data are as follows: 1. Midali Srl, which deals with the processing of data required to perform the activities of shipping, delivery and return of products purchased on our website; 2. Midali Srl, for the processing of data with regard to services of management and maintenance of the Midali Srl servers.

 All customers are invited to contact the Customer Service or to send an e-mail to the following e-mail address: info@martino-midali.it.

 

Customers’ rights

Customers are always entitled to obtain from Midali Srl confirmation of the processing or otherwise of personal data relating to them, even if not yet registered, and its communication in intelligible form.

They are also entitled to obtain from Midali Srl information regarding the origin of their personal data; the purposes and methods of processing their personal data; the logic applied in the case of processing performed with the use of electronic tools; details of the identity of the processing controller and managers; an indication of the entities or categories of entities to which the personal data may be communicated or who may come to know of it in the capacity, for example, of processing managers.

All this information is contained in this Privacy Policy. In addition, customers are always entitled to obtain from MARTINO MIDALI:

a) the update, rectification, supplementation of the personal data; b) the deletion, transformation into anonymous form or block of personal data processed in breach of the law, including that whose retention is not required in relation to the purposes for which the data was collected or subsequently processed; c) certification that the operations set out in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data has been communicated or disseminated, except in the case where that fulfilment is found to be impossible or involves a use of means manifestly disproportionate to the protected right.

Customers have, in any case, the right to object in whole or in part: a) for legitimate reasons, to the processing of personal data relating to them, even if pertinent to the purpose of its collection; b) to the processing of personal data relating to them for the purpose of sending advertising material or direct marketing or to perform market research or sales communications.

Customers may freely exercise their rights at any time by sending a written request to MARTINO MIDALI – to the postal address or electronic mail address customerservice@martinomidali.com -, to which we will promptly reply.

In order to ensure that the personal data of customers is always exact, updated, pertinent and complete, please notify any change to us at the e-mail address customerservice@martinomidali.com. - Art. 130, Paragraph 4 of Italian Legislative Decree no. 196/2003

We point out to all customers that the regulation on personal data protection allows MARTINO MIDALI – without the need for acquiring express consent – to use customers’ personal data for activities of direct sales of similar products to those already purchased, on the condition that customers do not refuse that use of the e-mail address provided.

 

Resolution of the data protection Authority dated 19 June 2008, in relation to simplifications of fulfilments with respect to processing for administrative and accounting purposes. 

We also point out to all customers that a resolution of the Data Protection Authority allows MARTINO MIDALI to use the postal address to send – together with administrative and accounting documents – advertising relating to similar products to those that customers have already purchased, on the condition that they do not refuse that use of the postal address provided.

All of the foregoing is the minimum information that MARTINO MIDALI is obliged to provide to its customers: for any further details in relation to personal data processing by Midali Srl, please read this Privacy Policy in full.

 

Our privacy policy in summary

The principles upon which our privacy policy is based are as follows:

1. to process data exclusively for the purposes and according to the methods illustrated in the information notice provided at the time of its collection;

2. to use the data for other purposes compared to those for which the data was specifically provided only with the express consent of the user;

3. to provide the data to third party companies only for purposes instrumental to the provision of the service and as part of an appointment as processing manager; not to communicate the data, transfer it or assign it to third party entities for processing by the latter without the users being informed in advance thereof and having provided their consent;

4. to respond to requests for deletion, amendment, supplementation of the data provided, objections to the data processing for the purpose of sending advertising and sales information;

5. to ensure the correct and lawful management of data, safeguarding the privacy of users, as well as applying appropriate security measures to protect the confidentiality, integrity and availability of the data provided.

 

How and why we process your personal data

Personal data processing is performed by predominantly electronic and online methods by Midali Srl and by other entities which, appropriately selected in relation to their reliability and expertise, perform operations instrumental to the pursuit of the purposes strictly related to the use of the website, its services and the purchase of products via the website (see also the paragraph "Entities that may process customers’ personal data").

The specific purposes for which the data is processed are summarised, each time, in the information notice pursuant to Art. 13 of Italian Legislative Decree no. 196/2003, which is provided to users when they release personal data.

In general, the data is processed to provide the following services available by accessing our website:

1. registration to the website, to use the related services;

2. subscribing to specific and further services, such as our MARTINO MIDALI newsletter and other similar services providing information on our activity, and the sharing of its contents, invitations to your friends to join the Martino Midali world;

3. processing of orders and related activities;

4. management of payments, including the anti-fraud check in the case of payment by credit card; in that case, data provided during the purchase process (name, surname, address, credit card number, delivery address if different from the billing address) will be sent to the manager in charge of the anti-fraud check, and processed by it solely for that purpose (see also the section “Processing Managers”);

5. management of customer requests: technical requests, commercial requests, queries on the progress of their orders and requests for information in general;

6. making contact with the representatives of our services (Press Office, Administration Department, Purchasing Department, Customer Service);

7. request for assessment for possible recruitment of the customer into our workforce, through the provision of a CV.

In processing data that may, directly or indirectly, identify the person, we seek to comply with a principle of strict necessity. For this reason, we have configured the website so that the use of our customers’ personal data is reduced to a minimum: therefore, it is excluded to process data when the purposes pursued in the individual cases can be achieved by using anonymous data (such as, for example, in market research aimed at improving the services) or by other methods that allow for the interested party to be identified only in the case of need or at the request of the authorities or the police forces (such as, for example, data relating to traffic and time spent on the website or the IP address).

In some cases, as expressly identified in the information notice, the data may be subject – only with express consent – to processing aimed at the creation of profiles based upon preferences and purchases. This has the aim of sending to customers information targeted at their requirements and interests.

Except in the case provided by Art. 130, Paragraph 4 of Italian Legislative Decree no. 196/2003 (in which the controller may use the data to send advertising e-mails on its own products and services, similar to those already purchased, unless that use is refused), Midali Srl may use the data to send advertising on its own services and products only subject to consent from the customer.

The data will be communicated to third parties only with express consent, except in cases where the communication is mandatory by law or is necessary for the purposes required by law for the pursuit of which the consent of the interested party is not required; in those cases, the data may be made available to third party entities that will process it autonomously and solely for the aforementioned purposes (for example, in the case of a request made by the police forces or by the courts or other relevant bodies or to fulfil obligations deriving from the contract concluded, as is the case of the communication to Banca Popolare di Milano for payments of the purchased products).

Any processing purposes other than the specific purpose for which customers have provided their data will be highlighted in the information notice and will be pursued by Midali Srl only subject to acquisition of the express consent (as occurs, for example, in customer profiling activity based upon preferences and purchasing habits). 

There is, moreover, processing for which the regulation provides for the exclusion of consent: for example, we inform you that Midali Srl may process the personal data without obtaining the consent of the customer when this is necessary to fulfil a legal obligation or when it is necessary to fulfil the obligations accepted contractually towards the customer (such as in the case where the customer has purchased products or has requested the use of specific services via our website).

We inform you, finally, that the personal data will not be transferred abroad to countries, other than those belonging to the European Union, that do not ensure adequate levels of protection of persons. Where it is necessary to provide services or to conclude a contract with Midali Srl for the purchase of products, we assure our customers that the transfer of personal data to countries that do not belong to the European Union and that do not ensure an adequate level of protection will be performed only subject to the conclusion between Midali Srl and those entities of specific contracts in accordance with the applicable laws and regulations.

It may be the case that Midali Srl finds itself processing the personal data of third party entities communicated directly by its users to Midali Srl, for example, where a user has purchased a product to be addressed to a friend or where the entity paying the price for the purchase of the product is different from the entity to whom the product is destined, or when the user intends to notify a friend of a service on martinomidali.com or the offer on sale of a particular product. On these occasions, Midali Srl will address to the third party the information notice required by Art. 13 of Italian Legislative Decree no. 196/2003 at the time of registering their data in its archive, but the customer remains responsible for obtaining the consent of the person to whom the data refers before communicating it to Midali Srl and to inform that person about this Privacy Policy, as the customer will be solely liable for the communication of information and data relating to third party entities without the latter having provided their consent or for any incorrect use of that data or use that is contrary to the law. We inform you that the consent of these persons is not required when the data of that individual is communicated to Midali Srl for the conclusion of the contract, with Midali Srl, in favour of the third party.

Midali Srl reserves the right to remove accounts registered on martinomidali.com and all related data where it finds unlawful content, harmful to the image of Martino Midali and/or its products or third parties, or in any case offensive contents or contents that promote illegal or defamatory activity, pornographic content, content that incites violence or promotes discrimination in relation to race, gender, religion or sexual orientation.

 

Entities that may process customers’ personal data

Midali Srl has decided to use third party entities for the processing of your personal data, for certain activities. The third party entities that perform these operations have been appropriately selected and are equipped with the necessary experience, capacity and reliability and offer an appropriate guarantee of full compliance with the provisions in force in relation to processing, therein including the data security profile.

Those third party entities have been appointed for that purpose as “processing managers” and they perform their activity in accordance with the instructions imparted by Midali Srl and under its control.

We regularly check that the managers have promptly completed the duties entrusted to them and that they continue to provide appropriate guarantees of full compliance with the provisions in relation to personal data protection. The personal data of customers is then processed by our officers in charge of the individual services; the categories of employees who perform those activities depend upon the purposes for which the data was provided and are always indicated in the information notice that we provide at the time of release of the personal data.

 

Security measures

 Midali srl adopts adequate security measures to reduce to a minimum the risks of destruction or loss – even accidental – of the data, unauthorised access or processing that is not permitted or not compliant with the purposes of collection identified in our Privacy Policy. However, Midali srl cannot guarantee to its users that the measures adopted for the security of the website and the transmission of data and information on the website limit or exclude any risk of unauthorised access or disclosure of the data by the devices used by the user: we advise our customers to ensure that their computers are equipped with adequate software for protecting the transmission of data on the internet network, both incoming and outgoing (such as updated anti-virus systems) and that the internet service provider has adopted appropriate measures for the security of data transmission on the internet (for example, firewalls and anti-spam filters).

 

Links to other websites

 Our website contains links to other websites that may not have any connection with us. Midali srl does not check or monitor those websites and their contents. Midali srl may not be held liable for the contents of those website and the rules used by them, even in relation to the privacy of our customers and the processing of their personal data during the browsing operations. We ask our customers to be careful when accessing these websites, via the links found on our website, and to read their conditions of use and privacy policies carefully.

 

Our Privacy Policy is not applied to the websites of third parties. Our website provides links to these websites solely to assist the user in searching and browsing and to facilitate the hypertext connection on the Internet to other websites. The activation of the links does not involve any recommendation or report by Midali srl for accessing and browsing those website, nor any guarantee regarding their contents, services or goods provided by them and sold to internet users.

 

Contacts

 If you wish to receive further information on how Midali srl processes the personal data of its customers, please send an e-mail to the address customerservice@martinomidali.com. In order to find out about your rights and to be kept updated on the regulations in relation to protection of persons with respect to personal data processing, we recommend that you visit the website of the data protection authority at the address http://www.garanteprivacy.it/.

 

Applicable law

 This Privacy Policy is regulated by Italian law and in particular by the Code on Personal Data Protection (Italian Legislative Decree 30 June 2003 no. 196) which regulates the processing of personal data – even held abroad – performed by anyone who is resident or is based in Italy as provided by European Directive 95/46/EC. The Code ensures that the processing of personal data is performed in compliance with fundamental rights and freedoms, as well as the dignity of the interested party, with particular reference to confidentiality, to personal identity and to the right to the protection of personal data.

 

Companies of the MARTINO MIDALI group

 Midali srl operates on the internet, via www.martinomidali.com. The data will not be communicated to other companies without the consent of our customers or without the existence of equivalent requirements. These companies adopt – as part of the provision of services to their users and the sale of products on the website www.martinomidali.com – their own privacy policies, which are, in any case, compliant with this Privacy Policy. We reiterate, however, that Italian law is applied in any case to personal data processing performed by anyone who uses, for the processing, tools located in the Italian territory, even different from electronic tools (except where these are used only for the purposes of transit in the territory of the European Union), irrespective of whether they are established in a territory of another country, even not belonging to the European Union.

Where the companies of the MARTINO MIDALI Group find themselves processing the data of its customers, they appoint Midali srl as their representative established in the Italian territory, for the purposes of the application of Italian regulations on personal data processing.

 

Amendments and updates to the Privacy Policy 

Midali srl may amend or simply update, in whole or in part, the website Privacy Policy, even in view of the change to laws or regulations that govern this topic and protect the rights of its customers. The amendments and updates to the Privacy Policy will be notified to users on the Home Page as soon as they are adopted and will be binding as soon as they are published on the website. Please, therefore, access this section regularly in order to check the publication of the most recent and updated Privacy Policy.