Notice pursuant to Section 13 of Legislative Decree 196/2003 (‘The Data Protection Code’) supplied by Arena Italia S.p.A. (‘ARENA ITALIA’) and by triboo digitale S.r.l. (‘triboo digitale’) to users accessing the site www. arenaonlineshop.com (‘the Site’).
At ARENA ITALIA and triboo digitale we are well aware of how important it is to keep personal data confidential. Given the potential of the internet as a key means of exchanging and circulating information, in line with the provisions of Legislative Decree No. 196 of 30 June 2003 as subsequently amended and supplemented (the ‘Data Protection Code’), we intend to do all we can in order to comply with rules of conduct that operate to ensure that web-site navigation is done in an environment that is monitored and secure and which respects the user’s privacy.
You are therefore invited to take a few moments to read about the basic rules and principles that ARENA ITALIA and triboo digitale have established in relation to the collection and processing of personal data relating to their customers and to users of the Site.
Basic principles followed by ARENA ITALIA and by triboo digitale when collecting and processing personal data
a) Only process data for the reasons and in the manner set out in the notice below.
b) Where, given the reasons for processing the data, the data subject’s consent is required in advance, only process data where the data subject has in fact given their express authorization to do so.
c) Make data available to third parties only where necessary in order to be able to provide the service requested by the data subject.
d) Deal with requests by the data subject that data be cancelled, amended or supplemented, and act accordingly where consent for the processing of data in order to provide information of a commercial or marketing nature has been refused.
e) Ensure that data is handled properly and in accordance with the law, with privacy being protected, and implement suitable security measures to ensure that data provided is kept confidential, is not corrupted and can be accessed.
Notice pursuant to Section 13 of Legislative Decree 196/2003
As data controllers pursuant to and for the purposes of Section 4, paragraph 1 (f) of Legislative Decree No. 196 of 30 June 2003, ARENA ITALIA and triboo digitale hereby provide you with the following information.
The data supervisors are:
a) the manager of ARENA ITALIA’s Giuseppe Musciacchio, whose address for service for this purpose is the offices of Arena Italia S.p.A., registered office C.da Cisterna 84/85, 62069 Tolentino (MC), Italy;
The data processors are:
a) the manager of ARENA ITALIA’s Marketing Department, whose address for service for this purpose is the offices of Arena Italia S.p.A., registered office C.da Cisterna 84/85, 62069 Tolentino (MC), Italy;
b) the manager of triboo digitale’s Customer Care, IT, Marketing, Retail, Logistics, Administration Departments, whose addres for service for this purpose is the offices of triboo digitale S.r.l., registered office Viale Sarca 336, 20126 Milan (MI), Italy.
The data requested when registering with the Site is used primarily to process purchase orders sent by the user. The section that deals in the main with the collection of data is the section used to register with the Site.
The form to be completed in order to register with the Site asks for data to be provided that is strictly necessary in order for the order to be processed; where such data is not supplied, this will mean that the request put in by the user cannot in fact be dealt with. The form also asks for data to be supplied on a voluntary basis; a refusal to supply this particular data will not prevent the order from being processed.
Any data processed in relation to the Site is processed mainly by electronic or data transfer means, and in accordance with the law in force. It is processed for the following reasons:
- to process orders sent by users for the purchase of one or more products available on the Site;
- with the data-subject’s express consent in advance, to carry out statistical research, market research and marketing;
- with the data subject’s express consent in advance, to carry out direct marketing by sending newsletters and other advertising material on a periodic basis to the e-mail address that the user chose to provide when registering with the Site.
The data may be made available to other companies (e.g. credit card issuers, couriers or Poste Italiane S.p.A. - the Italian Post Office) for purposes connected with the provision of the service for in respect of which the user has provided their consent (e.g. the online purchase of products or the receipt of a newsletter, etc.). These companies will in turn operate as independent data controllers - which provide the services that are required in order for the user’s request to be properly dealt with. A full and up-to-date list of these other companies can be requested from AREND ITALIA and triboo digitale. In addition, and where the user has expressly given their consent, the data will be used in order to send sales information about products sold by ARENA ITALIA and triboo digitale, including by e-mail, or concerning services other than those already purchased, or as part of an opinion poll.
The data subject’s personal data may (a) be made available to parties expressly authorised by the data controller companies and which carry out work that is strictly necessary if the user’s request is to be properly dealt and which falls falling within the following business areas: sales, administration, IT services and customer care (b) be passed on to such authorities that are legally entitled to receive it and (c) passed on to companies in the same Group as the data controller companies, in order to handle the shipping of the goods purchased by the user.
The user’s credit card details will not be used for any reason other than verifying the credit card itself, debiting the said card and processing the payment, as well as dealing with any claims made and for the purposes of litigation. For this purpose, the aforementioned data will also be processed by the bank providing the online payment handling services as well as the issuer of the credit card used when the order is placed.
Consultation, amendment and cancellation of personal data – Section 7 of Legislative Decree 196/2003
The rights pursuant to Section 7 of Legislative Decree 196/2003, which is set out below in full, are recognised in full:
A data subject shall be entitled to receive confirmation of whether personal data concerning him exists, whether or not already recorded, and to the communication of such data in an intelligible form.
A data subject shall be entitled to be informed of: a) the source of the personal data; b) the purposes and methods of processing; c) the logic applied to the processing, where carried out by electronic means; d) the details identifying the data controller and data supervisors and the representative appointed pursuant to Section 5(2); e) the parties or categories of party to whom the personal data may be communicated or who may gain knowledge of the said data as designated representative within the State of Italy, data processor(s) or person(s) in charge of the processing.
A data subject shall be entitled to have the data a) updated, rectified or, where in the data subject’s interest, supplemented; b) erased, made anonymous or blocked where it has been processed unlawfully, including data that does not need to be retained given the purposes for which it has been collected or subsequently processed; c) confirmation that the steps referred to at (a) and (b) and details of what the said steps involved have been brought notified to the knowledge of the parties to whom the data was communicated or divulged, save where this is impossible or where the employment of means required to do so would be manifestly disproportionate to the rights afforded.
A data subject shall be entitled to object, in whole or in part, to: a) the processing of personal data concerning the data subject, despite such data being relevant to the purpose of collection, where such objection is on legitimate grounds; b) the processing of personal data concerning the data subject where the said processing is in order to send marketing material or for the purposes of direct selling or to carry out market research or provide business communications.
A data subject may exercise the rights granted by Section 7 at any time, by writing to Arena Italia S.p.A., based at C.da Cisterna 84/85, 62029 Tolentino (MC) (Italy) and to triboo digitale S.r.l., based at Viale Sarca 336, 20126 Milano (MI) Italy.
Cookies: what they are and how ARENA ITALIA and triboo digitale use them
Cookies are pieces of information saved on the hard disk in a user’s PC and which are sent by the user’s browser to a web server. They reflect a user’s internet browsing habits, and record the services, sites and options that the user was interested in when on the net; this is not, therefore, information directly provided on a voluntary basis, but instead works as a track of how the user browses the web. The Data Controllers confirm that the data provided via cookies will only be used (i) to provide the user with immediate and trouble free access to the Site and to the services that it provides (ii) to ensure that browsing the site is a smooth and user-friendly experience for each visitor) (iii) for reasons connected with security, statistical analysis (e.g. in relation to traffic on the Site) and system administration. Session cookies are saved in a temporary memory and are cancelled when the user’s browser is closed.
The cookies used following registration by a user with the Site collect personal information about the user on the basis of which the Data Controllers can recognise the user on future visits to the Site. They are used by the Data Controllers to understand which sections of the Site are of interest to the user and to provide swifter access to the area of the Site reserved to those who have registered; they also make it easier for the user to find information on the Site and its content, with the visit therefore being better tailored to a user’s own individual needs. Cookies are also used for the reasons connected with security and management set out above. The cookies used by ARENA ITALIA and triboo digitale do not start programmes on the user’s computer or download viruses or other harmful programmes onto it, and do not give ARENA ITALIA or triboo digitale any control over the user’s computer. ARENA ITALIA and triboo digitale do not use the cookies in order to access information stored on the user’s computer, to store information or to monitor steps taken by the user. The content of this paragraph applied to the user’s computer as well as any other terminal used by the user in order to connect to the Site.
Whilst the majority of browsers accept cookies automatically, users can adjust their browser settings in order to disable this function. The ‘Help’ section on the majority of browser toolbars explains how to avoid receiving cookies and other technological tools that enable a browser to track a user, how to get a warning from the browser that cookies or such other tools have been received and how to disable them altogether. Disabling cookies may reduce the extent to which the Site may be freely navigated and may prevent the user from taking advantage of the full range of functions on the Site and the services on offer.
Scope of communication of data
ARENA ITALIA and triboo digitale will communicate the user’s personal data within the time limits and in the manner set out and, in any event, in full compliance with the consent provided by the user when the data is collected, when required by the Data Protection Code. The data will only be accessible to data processors at ARENA ITALIA and triboo digitale and externally who process the data for the purposes set out above and to the Data Supervisors referred to above. A full and up-to-date list of Data Supervisors and parties to whom the data is communicated may be seen on request: a request should be made to ARENA ITALIA and triboo digitale or the Data Supervisors.
The user’s personal data may be communicated to third party professional advisors and freelance consultants, including those operating as partnerships, who provide ARENA ITALIA and triboo digitale with technical or organizational services for the purposes of the processing set out above. It may also be communicated to external parties in the event of a merger, acquisitions, transfer of a business or branch of a business and other extraordinary transactions, as well as to any party lawfully entitled to receive communications contemplated by the law or specific regulations. In order to achieve the purposes of the processing referred to above, the user’s personal data may be communicated to other companies in the Group of which ARENA ITALIA and triboo digitale respectively form part and which are located in the EU and will process the data in on the basis of the applicable privacy law.
Parties referred to above that receive the user’s personal data will, depending on the particular case, process it as Data Controllers, Data Supervisors or Data Processors and for the same purposes as those set out above and in compliance with the applicable privacy law; such parties are only provided with the information required in order for them to carry out their specific work. It is agreed that the user’s personal data will not be communicated to third parties to be used by them for marketing purposes and will not be divulged in any way.
Security of a data subject’s personal data
ARENA ITALIA and triboo digitale implement suitable security measures of a preventive nature that ensure that a data subject’s personal data is kept confidential and complete, is not corrupted and is accessible. As required by Legislative Decree 196/2003 and the related technical provisions, technical, logistic and organizational warning systems are put in place in order to prevent processed data from being damaged, accidentally lost, modified or put to improper or unauthorized use.
In particular, in order to protect the data subject’s personal data, the Site uses in particular a coding system that ensures that data is safeguarded by encrypting not only the information on the access page but also in other sections of the Site where personal data can be inserted, seen or changed.
The Data Controllers shall not be held liable in connection with information sent directly by the user that is inaccurate (e.g. e-mail address, credit card details or postal address), or in connection with information concerning the data subject and supplied by a third party, including where fraudulently.