Controller and Data Protection Officer

The Controller is MODOM Srl, with a place of business at via Borgo Nuovo n. 3, 63076 Monteprandone (AP), hereinafter referred to as “MODOM” or “Controller”. The Data Protection Officer is Andrea Marinucci, in his capacity as legal representative.

Purposes and lawful basis for processing personal data

MODOM processes personal data of the Person involved for the following purposes:

1. To provide MODOM’s products and services. In such cases, the processing of personal data is necessary to execute the contract, that the Person involved has ordered. The contractual necessity is the lawful basis to process the personal data;
2. To provide third parties products and services, for instance payment services providers, shipping companies and so on. The contractual necessity is the lawful basis to process the personal data;
3. To communicate with the Person involved via any means, including email, telephone, social media or in person. The expressed consent is the lawful basis to process the personal data;
4. To carry out the financial management, such as sales, company accounting and audit. The compliance with the applicable law is the lawful basis to process the personal data;
5. To fulfil any requests issued by legal and regulatory Authorities and to establishing, exercising and defending legal rights during legal proceedings. The compliance with the applicable law is the lawful basis to process the personal data;

To improve our communication channels, through surveys, website plugins or advertising. The legitimate interest in managing or promoting the business allows MODOM to process personal data, forasmuch as that legitimate interest is not overridden by the interests, fundamental rights or freedoms of the Person involved;

Categories of personal data

MODOM tratta i dati personali raccolti direttamente presso l’Interessato, ovvero presso terzi, che includono, a titolo esemplificativo, dati anagrafici (es. nome, cognome, residenza, data e luogo di nascita), informazioni sulla situazione patrimoniale (es. informazioni attinenti i beni immobili), dati relativi all’immagine (es. foto su carta d’identità) e registrazioni vocali (es. registrazioni di ordini telefonici,
registrazione di conversazioni telefoniche intercorse con l’Interessato, anche a tutela di diritti in caso di controversie) e altri dati riconducibili alle categorie sopra indicate.

Disclosure of personal data

Possono venire a conoscenza dei dati dell’Interessato le persone fisiche e giuridiche nominate Responsabili del trattamento e le persone fisiche autorizzate al trattamento dei dati necessari nello svolgimento delle mansioni assegnategli: lavoratori dipendenti, lavoratori interinali, stagisti e consulenti. L’elenco aggiornato dei Responsabili potrà sempre essere richiesto al Titolare del trattamento.

Legal right of the Person involved

Under applicable law, the Person involved has several rights and shall contact anytime the Controller to execute those right. Furthermore, the Person involved is free to modify or withdraw the consent already expressed at any time.

Right of access

The right of access consists of the possibility to access to, or request a free copy of, all the personal data possessed by MODOM (in case of multiple copies, a compensation may be applied). Among all the data, it is going to be mentioned the purpose of the processing, the categories of personal data and their retention period, the recipients of the data and the existence of automated processes for decision-making or profiling, finally to lodge a complaint with the Authority.

Right of rectification

The right of rectification allows the Person involved to complete the respective profile with lacking information or to correct inaccuracies.

Right of erasure (“right to be forgotten”)

The right of erasure allows the Person involved to obtain the erasure of all the respective personal data, where one of the following grounds applies:

• personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• the Person involved withdraws the consent on which the processing is based and where there is no other lawful basis for the processing;
• the personal data have been unlawfully processed;

The right of rectification can be executed even after the withdraw of the consent to process the personal data.

Right to be informed

MODOM shall communicate to any third-party processor any rectification, erasure or restriction of processing carried out in relation to personal data, unless this proves impossible or involves disproportionate effort. The Person involved shall be informed about those recipients.

Right of processing restriction

The Person involved have the right to obtain the restriction of personal data processing where one of the following applies:

• the accuracy of the personal data is contested;
• personal data are no longer needed for the purpose of the processing, but are required for the establishment, exercise or defence of legal claims;
• the personal data processing is unlawful, but the Person involved do not request the erasure;
• the Person involved has objected to the processing, pending the verification whether the legitimate grounds of the Controller override those of the data subject.

Right of portability

The right of data portability concerns the right to receive the personal data collected by MODOM in a structured, commonly used and machine-readable format and to transmit them to another controller. The right of data portability applies only to an automated processing, therefore it does not include hardcopy archives or registries.

Right of objection

The Person involved has the right to object at any time to the processing of personal data, including profiling. MODOM shall no longer process personal data, unless the controller demonstrates compelling legitimate grounds for the processing, which override the interests, rights or freedoms of the Person involved or for the establishment, exercise or defence of legal claims. The Person involved has the right to complaints with the Authority (Garante per la Protezione dei Dati Personali) or appeal proceedings (exclusive jurisdiction of the Courts of Ascoli Piceno)

Exceptions to legal rights

Under applicable law, MODOM may continue processing personal data if one of the following applies:
 legal compliance with legal and regulatory obligations;
 upon request of Italian or foreign Authorities;
 investigations and preventing breaches of policy or criminal offences;
 for relevant, public interests (i.e. national security, defence, public security;
 the execution of an existing contract between MODOM and third parties;

Terms for the execution of legal rights

At any time and free of any costs, the Person involved may request further information about the processing of the personal data or the execution of the legal rights through the following contact:

MODOM S.r.l.

Via Borgo Nuovo n. 3

63076 Monteprandone (AP)

Italy

info@modom.it

In case of repetitive or senseless requests, MODOM may apply a compensation, according to the complexity of the request. MODOM shall reply within 1 (one) month to any request and, in case of delay, send a notification within the same deadline. This term can be prolonged for 2 (two) months due to the complexity of the request.

Finally, MODOM may ask for further information in order to identify the Person involved.

Data retention

MODOM processes and stores personal data for the execution of contracts or in compliance with legal and regulatory obligations and for the establishment, exercise or defence of legal claims. At the end of the retention period, persona data are going to be deleted, unless they are necessary for the defence of legal claims already in progress or to exercise internal investigations or other investigations run by external Authorities. In any case, MODOM shall inform other processor about the erasure of personal data.

International transfer of personal data

Due to the international nature of the business, personal data may be transferred to recipients in other countries, even outside the European Economic Area, where there is not an adequate jurisdiction about data protection. For this reason, MODOM assures an adequate protection on the basis of standard contractual clause, adopted by the European Commission.

“Cookie” and similar technologies

MODOM may place Cookies onto the device of the Person involved, who visit the website, or read the Cookies already on it. MODOM uses Cookies to record information about the preferences and the browsing habits of the Person involved. Those data are processed in accordance with our Cookie Policy.