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Last update: May 2015
This extended privacy information has been drawn up and customised especially for this website www.ocmis-irrigazione.it based on the contents of art. 4 of the General Provision no. 229 of 8 May 2014 issued by the Guarantor for the protection of personal data and published on the Official Journal no. 126 of 3 June 2014.
It complements and updates other information already published on the website and/or previously issued by the Entity, in combination with which it provides all the key elements required by art. 13 of Law Decree 196/2003 and subsequent Provisions of the Guarantor Authority for the protection of personal data.
All third parties are hereby informed that use of this information or even only parts thereof, on other websites with regards to which it would certainly be non relevant, incorrect or inappropriate, may involve the imposition of heavy fines by the Guarantor Authority for the protection of personal data.
COOKIES AND SIMILAR TECHNOLOGIES
So-called browsing tracking activities have the purpose of analysing the visited websites, their pages and relevant specific contents, duration of the relevant visits and their frequency.
This information is often also associated to the user, without necessarily knowing what their name is and where they live. This information concerning habits, uses and consumption, its analysis and processing is used to reconstruct the commercial profile for the purposes of so-called e-Targeted Advertising: proposition of targeted products, services or contents.
From the technical-IT point of view, this takes place by the great majority of websites using so-called cookies, which are tiny text files that the visited websites send to the user's device, where they are stored to be then re-transmitted to the same websites the next time.
The cookies are different and have different features and, according to the Privacy Guarantor, may be divided as follows:
A) technical cookies, those used for the sole purpose of "carrying out the transmission of communication over an electronic communications network, or as strictly necessary, to the provider of a service of the information company explicitly requested by the subscriber or user to provide said service" (art. 122, sub-paragraph 1 Codice Privacy)".
Technical cookies may be divided into:
- browsing or session cookies - assure guarantee normal browsing and use of the website, allowing, for example, to make a purchase or authenticate to access restricted areas;
- analytical cookies - assimilated to technical cookies when used directly by the site operator to collect information in an anonymous and aggregated manner, on the number of users and how they visit the site;
- functionality cookies – allow the user to browse according to a selected series of criteria (for example, language, the products selected for purchase) in order to improve the service rendered to them.
B) profiling cookies (also defined as behavioural cookies) aimed at creating user profiles and used in order to send advertising messages in line with the preferences shown by the same while browsing the Internet (Behavioural Advertising).
They collect information related to users' browsing, the sites and pages visited, the time spent; they then show related advertising on other websites (e-Targeted Advertising).
There are also other similar technologies (web beacon, cookie flash, silver light application storage) which are also able to store and read data files on the user's computer.
In view of the considerable invasiveness that such devices may have in the users' private sphere, the European and Italian legislation requires the user to be properly informed on their use and thus express their valid consent.
THE PRIVACY GUARANTOR REGULATIONS
With General Provision no. 229 of 8 May 2014, published on the Official Journal no. 126 of 3 June 2014 (come into force on 3 June 2015 – art. 5 Adaptation time), the National Guarantor has regulated the use of profiling cookies, defined by art. 1, lett. b): profiling cookies are designed to create user profiles and are used in order to send advertising messages in line with the preferences shown by the same during Internet browsing In view of the special invasiveness that such devices may have in the users' private sphere, the European and Italian legislation requires the user to be properly informed on their use and thus express their valid consent.
Art. 122 of the Privacy Code refers to them by stating that "storing information in the terminal device of a contractor or user or access to information already stored are only allowed on condition that the contractor or user has given consent after being informed with the simplified methods under article 13, sub-paragraph 3"(art. 122, sub-paragraph 1, of the Code).
Cookies, therefore, perform several important functions on the Internet, affecting directly and very often in a hidden manner the personal data of users, who undergo processing without the necessary information and consent procedures required by privacy legislation.
That's why, in the opinion of the Guarantor, any decision on the methods of on-line information and consent, covering virtually anyone with an Internet site, will therefore have a tremendous impact on a huge number of entities, who also feature, as we have said, a wide variety of characteristics.
The Guarantor is aware of the scope of this decision, and has therefore deemed it necessary for the measures set forth in the provision specified above - under the provisions of art. 122, sub-paragraph 1, of the Code are, firstly, such as to allow users to express really informed choices on the installation of cookies by giving a specific and express consent (according to art. 23 of the Code) and, on the other hand, feature the least possible impact in terms of disrupting such users' browsing and use, on their part, of IT services.
These conflicting requirements, clearly highlighted also during the public consultation and meetings held by the Authority, were taken into account in the first place in determining the manner in which to provide the information in a simplified form.
It is also the belief of the Guarantor that the two issues, information and consent, should be necessarily treated jointly in order to prevent the use of methods for expression on-line consent requiring excessively complex operations by users thus jeopardizing the simplification achieved in the privacy statement.
In light of the above, this privacy statement is to inform users that the cookies used in this website are of the following types:
- Technical cookies: assure to the user optimal and fast browsing through the website and efficient use of the services and/or the various options it offers, allowing for example to make a purchase or to authenticate to access restricted areas These cookies are required to improve use of the website, but may still be disabled.
- Third party cookies: these are cookies installed on the user's terminal by operators of third party websites, through this website. Third party cookies, having mainly analysis purposes, derive mostly from Google Analytics' features. It is possible to have more information on Google Analytics by clicking on the following link: http://www.google.it/intl/it/analytics. To disable the cookies and prevent Google Analytics from gathering browsing data, it is possible to download the browser's add-on component to disable Google Analytics at the following link: https://tools.google.com/dlpage/gaoptout.
COOKIES USED BY THIS WEBSITE AND DISABLING THEM
In compliance with the above, the Data Controller informs the user that the Website uses markers that serve exclusively for technical purposes or address specific requirements of the user or contractor. The website does not directly profile the user, not even by using third party cookies.
Specifically, this Website uses the cookies listed below:
|Name of the cookie||Type of cookie||Expiry date||Website coverage||Description||Business aims||Delete|
|COOKIE _SUPPORT||Persistent||1 year||Whole website||Created by Liferay to store cookies support for the user||Establish whether the cookies may be user or not||delete|
|JSESSIONID||Session||At the end of browsing||Whole website||Created by Liferay to store the session's identification details||Technical requirements of the application|
|GUEST_LANGUAGE_ID||Persistent||1 year||Whole website||Created by Liferay to save the non connected user's favourite language||Stores the display language of non connected users||delete|
We would also like to inform you that the user is able to configure, freely and at any time, their privacy parameters related to cookies installation and use directly through their browser by following the relevant instructions.
Specifically, the user may set so called "private browsing", thanks to which their browser interrupts storing the history of visited websites, of any passwords entered, of cookies and other information on the pages visited.
We point out that in the event the user should choose to disable all cookies (including those of a technical nature), the quality and speed of services offered by this website might worsen drastically and access to some sections of the site might be lost.
PRACTICAL INFORMATION FOR USERS TO CORRECTLY SET THEIR BROWSER
To block or restrict cookies use, either by this website or by other websites, directly through one's browser, one may follow the simple instructions below, concerning the most commonly used browsers.
Google Chrome: click the icon called "Customize and control Google Chrome" located in the upper right corner, then select the menu item called "Settings". In the window that opens, select the menu item called "Show Advanced Settings" and then on the menu item called "Privacy" click the "Content Settings" button, where you can opt to block all or part of the cookies.
Microsoft Internet Explorer: click the icon called "Tools" located in the upper right corner, then select the menu item called "Internet options". In the window that opens, select the menu item "Privacy", where you can opt to block all or part of the cookies.
Mozilla Firefox: From the drop-down menu in the top left corner select the menu item called "Options". In the window that opens, select the menu item "Privacy", where you can opt to block all or part of the cookies.
The processing undergone by the required or acquired personal data, either prior to the initiation of any contact and/or business, cooperation or employment relation, has the purpose of complying with statutory and contractual obligations and verifying correct compliance with these obligations by OCMIS IRRIGAZIONE S.p.A. and for it to best exercise its institutional activities.
Pursuant to article 13 of the Code the following information is therefore provided.
Art.7 - Right to access personal data and other rights
- The person concerned has the right to obtain confirmation of the existence of personal data concerning them, even if not yet registered, and their communication in intelligible form.
- The person concerned has the right to obtain information:
- on the origin of personal data;
- on the aims and methods of processing;
- on the logic applied in case of processing with the aid of electronic devices;
- on the identification details of the controller, managers and appointed representative pursuant to article 5, subparagraph 2;
- on the entities or categories of entities to whom the personal data may be disclosed or who might become aware of them in their position of appointed representative within the State, managers or agents.
- The person concerned has the right to obtain:
- updating, rectification or, where interested therein, integration of the data;
- the cancellation, anonymisation or blocking of data processed unlawfully, including data that need not be stored for the purposes for which the data were collected or subsequently processed;
- certification that the operations as per letters a) and b) have been notified, also as regards their content, to those to whom the data was communicated or disclosed, except where this fulfilment should prove impossible or involves the use of means disproportionate to the protected right.
- The person concerned has the right to object, wholly or in part:
- for legitimate reasons to the processing of personal data concerning them, albeit pertinent for the purposes of collection;
- to the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market surveys or commercial communication.
Art.8 - Exercising the rights
- The rights as per article 7 are exercised via a request sent with no formalities to the controller or manager, also via an agent, which is adequately acknowledged without delay.
- The rights under article 7 may not be exercised with a request to the owner or manager or an action under Article 145, if the processing of personal data is carried out:
- based on the provisions of Law Decree 3 May 1991, no. 143, transposed, with amendments, into law of 5 July 1991, no. 197, as amended, concerning money laundering;
- based on the provisions of Law Decree 31 December 1991, no. 419, transposed, with amendments, into law of 18 February 1992, no. 172, as amended, concerning support for victims of extortion;
- by parliamentary investigation committees set up pursuant to article 82 of the Constitution;
- by a public body other than government-owned companies, according to an express provision of law, exclusively for purposes related to monetary and currency policy, the payment system, control of brokers and credit and financial markets as well as the protection of their stability;
- pursuant to article 24, subparagraph 1, letter f), limited to the period during which it might result in an actual and concrete detriment for the performance of defensive investigations or the exercise of legal claim;
- by providers of electronic communication services available to the public concerning incoming phone calls, unless this might result in an actual and concrete detriment for the performance of defensive investigations pursuant to the Law of 7 December 2000, no. 397;
- for reasons of justice, at judicial authorities at all levels and degrees or the Supreme Judicial Council or other self-governing bodies or the Ministry of Justice;
- pursuant to article 53, without prejudice to the provisions of law of 1 April 1981, no. 121.
- The Guarantor, also acting on a report by the person concerned, in the cases under sub-paragraph 2, letters a), b), d), e) and f), takes action in the manners as per articles 157, 158 and 159 and, in the cases as per letters c), g) and h) of the same sub-paragraph, takes action in the manner set forth by article 160.
- The exercise of the rights under article 7, when not concerning objective data, may take place unless it concerns rectification of or additions to personal evaluation data relating to opinions or other subjective estimations, as well as the indication of conducts to be implemented or decisions being taken by the data controller.
Art.9 - Methods for exercising
- The request to the controller or manager may even be sent by registered letter, fax or email. The Guarantor may identify other suitable system with regards to new technological solutions. When concerning the exercise of the rights under article 7, sub-paragraphs 1 and 2, the request may also be expressed in speaking, in which case it is synthetically noted down by the agent or manager.
- In exercising the rights under article 7 the person concerned may grant a written proxy to individuals, institutions, associations or organisations. The person concerned may also be assisted by a trusted person.
- The rights under article 7 referring to the personal data of deceased persons may be exercised by those acting in their own interest, or to protect the person concerned or for family reasons deserving protection.
- The identity of the person concerned is verified on the basis of suitable assessment elements, also via deeds or available documents or by showing or attaching a copy of an ID document. The person acting on behalf of the person concerned exhibits or attaches a copy of the proxy, or of the delegation signed in the presence of an agent or signed and submitted with a non-authenticated photocopy of an ID document of the person concerned. If the person concerned is a legal person, entity or association, the request is filed by the physical person entitled under the respective statutes or regulations.
- The request pursuant to Article 7, sub-paragraphs 1 and 2 is formulated freely and without constriction and may be renewed, unless there are justified reasons, after no less than ninety days.
Art.10 - Acknowledgement to the person concerned
- To assure the actual exercise of the rights pursuant to Article 7, the data controller shall implement suitable measures, specifically aimed at:
- to facilitate access to personal data by the person concerned, also through the use of appropriate computer software supporting accurate selection of the data concerning individual identified or identifiable persons concerned;
- simplify the procedures and reduce the delay for the response to the applicant, even within offices or services dealing with public relations.
- The data are extracted by the manager or agents and may be communicated to the requesting party also verbally, or displayed by electronic means, provided that in such cases the data are easily understood, also in view of the quality and quantity of the information. If requested, transposition of the data on paper or magnetic media, or electronic transmission are provided.
- Unless the request concerns either a specific processing or specific personal data or categories of personal data, the response to the person concerned includes all personal data concerning them as processed by the controller. If the request is made to a health professional or a health agency the provision of Article 84, sub-paragraph 1 is complied with.
- When the data retrieval is especially difficult, the response to the request by the person concerned may also consist in producing or delivering copy of records and documents containing the personal data requested.
- The right to obtain communication in an intelligible form of the data does not apply to personal data relating to third parties, unless breaking down the processed data or eliminating certain elements makes the personal data relating to the person concerned incomprehensible.
- Data communication is effected in intelligible form also by using legible handwriting. In case of communication of codes or abbreviations, the parameters for understanding their meaning are supplied, also by means of the appointed persons.
- When, following the request as per article 7, sub-paragraphs 1 and 2, letters a), b) and c) the existence of data concerning the person involved is not confirmed, a fee not exceeding the costs actually incurred for the search made in the specific case may be requested.
- The fee referred to in sub-paragraph 7 may not in any case exceed the amount determined by the Guarantor with general provision, which may define it as a flat rate in relation to the case where the data are processed by electronic means and the response is provided verbally. With the same provision the Guarantor may provide for the fee to be charged if the personal data are contained on special media whose reproduction is specifically required, or when a significant use of resources takes place by one or more controllers, in relation to the complexity or extent of the requests and the existence of data concerning the person involved is confirmed.
- The fee referred to in sub-paragraphs 7 and 8 may also be paid by postal or bank transfer, or by debit or credit card, where possible upon receiving the relevant response and in any case within fifteen days of said response.