We inform you that, pursuant to art. 13 EU Regulation n. 2016/679 (hereinafter, “GDPR”), Moventur (hereinafter, “Owner”) will proceed to the processing of the data you provide in compliance with the relevant legislation in force and according to what follows.
1. THE OWNER TREATS PERSONAL AND IDENTIFICATION DATA :
Via Torricelli 37136 Verona
hereinafter referred to as “personal data” or “data” communicated by you in connection with the conclusion of the rental contract.
2. PURPOSE OF THE PROCESSING
Your personal data are processed: Without your express consent, consistent with the provisions of art. 6 lett. b), e), f) GDPR, for the following Purposes of Service:
(a) access to and use of Moventur’s rental service, including the collection, storage and processing of data for the purposes of the establishment and subsequent operational, technical and administrative management of the relationship and the execution of communications relating to the performance of services;
(b) performance of the obligations arising from the General Conditions of Rental;
(c) management of payments (with relative processing of payment data in accordance with the law, including the identification details of credit cards and/or prepaid cards);
(d) fulfilment of legal, accounting, fiscal, administrative and contractual obligations connected with the provision of the services requested;
(e) management of relations with authorities and third party public bodies for purposes connected with particular requests, fulfilment of legal obligations or particular procedures (e.g. renotification of the effective transfer of goods or services, etc.): (e) management of relations with third party authorities and public bodies for purposes related to particular requests, the fulfilment of legal obligations or particular procedures (e.g.: renotification to the actual offender of reports of violations of the Highway Code);
(f) management of claims;
(g) preparation of measures aimed at protecting against credit risk, including activities aimed at identifying the customer and his economic reliability / solvency, even during the contractual relationship. Missing, incomplete or untrue communication of the data necessary for registration will make it impossible to complete the registration and the consequent inability to use the service;
(h) exercise of the rights of the owner, such as the right to defense in court;
(i) for legitimate interest to carry out direct marketing activities and for the purpose of detecting the degree of satisfaction of the quality of services provided. The communications, referred to in point
(j) above, may take place in traditional ways (e.g. paper mail, telephone calls with operator), automated (e.g. phone calls without operator) and similar (e.g. fax, e-mail, SMS, MMS), based on the data provided during the contract. Only after your specific and distinct consent (in compliance with the provisions of art. 7 GDPR) for the following additional purposes:
(k) sending by Moventur, parent companies, subsidiaries and affiliates, newsletters, commercial communications and/or advertising material on products or services offered by subjects other than the Owner;
(l) conducting market surveys and administering questionnaires for the purpose of detecting the degree of satisfaction with the quality of services;
(m) profiling of personal data of the user to offer the customization of offers based on purchasing preferences. The communications, referred to in the preceding points, may take place in traditional ways (e.g. via paper mail, telephone calls with operator), automated (e.g. telephone calls without operator) and similar (e.g. fax, e-mail, SMS, MMS), based on the data provided during the stipulation of the contract.
3. METHODS OF PROCESSING
The processing of your personal data is carried out by means of the operations indicated in art. 4 n. 2) GDPR and precisely: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data. Your personal data are subject to both paper and electronic and/or automated processing. The Owner will process personal data for the time necessary to fulfill the above purposes and in any case for no more than 10 years from the termination of the relationship for the Purposes of Service and for no more than 5 years from the collection of data for Marketing Purposes.
4. ACCESS TO DATA
Your data will be made accessible for the purposes of art. 2), letters from a) to i) and, if allowed, from k) to m): – to employees, collaborators, affiliates and franchisees of the Data Controller or of the companies of the Moventur Group, in their capacity as authorized and/or internal data processors and/or system administrators; – to third party companies or other subjects (insurance companies competent to settle claims; companies specialized in credit recovery; companies specialized in the management of commercial or credit-related information, or advertising promotion; other companies contractually bound to Moventur that carry out claim management activities, subcontractors, sub-subcontractors and/or financial intermediaries, professional firms that provide assistance and consultancy to our Companies as well as banks, data processing centers, public bodies, for the granting of contributions and aids of any kind connected to the provision of services) who carry out activities on behalf of and by order of the Data Controller, in their capacity as external data processors.
5. COMMUNICATION OF DATA
Without the need for express consent (ex art. 6 lett. b) and c) GDPR), the Owner may communicate your data for the purposes of art. 2) letters a) to i) to: police, armed forces and other public administrations, supervisory bodies, judicial authorities, insurance companies for the provision of insurance services, as well as those persons to whom disclosure is required by law for the fulfillment of the above purposes. These subjects will treat the data in their quality of autonomous holders of the treatment. Your data will not be disclosed.
6. DATA TRANSFER
Personal data are stored on servers located at the infrastructure …………………………………. within the European Union. It is in any case understood that the Owner, if necessary, will have the right to move the servers outside the EU. In this case, the Data Controller assures as of now that the transfer of data outside the EU will take place in accordance with applicable laws, subject to the stipulation of standard contractual clauses provided by the European Commission.
7. NATURE OF DATA PROVISION AND CONSEQUENCES OF REFUSAL TO REPLY
The provision of data for the purposes referred to in art. 2), letters a) to i) is mandatory. In their absence, we will not be able to guarantee the Services as per art. 2. letters from a) to i). The conferment of data for the purposes of art. 2), letters from k) to m) is instead optional. You may therefore decide not to provide any data or to subsequently deny the possibility of processing data already provided.
8. GEOLOCALIZATION, SATELLITE NAVIGATORS AND INFOTAINMENT SYSTEMS
We would also like to inform you that the vehicles of Moventur may be subject to geolocation. The geolocation activity will be carried out in accordance with current legislation; the processing of data collected by third parties in this way will be anonymous. Moventur does not collect or process any sensitive customer data. Moventur’s vehicles can be equipped with satellite navigation and infotainment systems, the latter being operated directly and independently of Moventur by the vehicle manufacturer. In the event of the use of satellite navigation and infotainment systems, you will be responsible for the information entered therein. Moventur does not guarantee the confidentiality of such information, which you are responsible for deleting from the devices you use; otherwise such data may be visible to the next user of the vehicle.
9. RIGHTS OF THE INTERESTED PARTY
In your capacity as interested party, you have the rights referred to in art. 15 GDPR and precisely the rights to – obtain confirmation of the existence or not of personal data concerning you, even if not yet recorded, and their communication in intelligible form; – obtain indication of: a) the origin of personal data; b) the purposes and methods of treatment; c) the logic applied in case of treatment with the aid of electronic instruments; d) the identity of the owner, manager and the representative appointed under Art. 3, paragraph 1, GDPR; e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the State, managers or agents; – obtain: a) the updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected; – oppose, in whole or in part a) for legitimate reasons to the processing of personal data concerning you, even if pertinent to the purpose of collection; b) the processing of personal data concerning you for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication, through the use of automated calling systems without the intervention of an operator by e-mail and / or through traditional marketing methods by phone and / or mail. It should be noted that the right of the interested party to object, as set out in point b) above, for the purposes of direct marketing by automated means extends to traditional methods and that, in any case, the interested party may exercise the right to object even partially. Therefore, the interested party may decide to receive only communications by traditional means or only automated communications or neither of the two types of communication. Where applicable, you also have the rights under Art. 16-21 GDPR (Right to rectification, right to be forgotten, right to restriction of processing, right to data portability, right to object), as well as the right to complain to the Guarantor Authority.
10. WAYS OF EXERCISE OF RIGHTS
You may exercise your rights at any time by sending: – a registered letter with return receipt to Moventur – Headquarters at Verona, Via Torricelli; – an e-mail to firstname.lastname@example.org
11. DATA CONTROLLER, RESPONSIBLE AND PERSONS IN CHARGE OF PROCESSING
The Data Controller is Moventur (C.F./P.IVA —————), with registered office in …………………….. and operational headquarters in Via …………………………; email: privacy@Moventur.it The Data Controller has appointed, pursuant to art. 37 GDPR, a DPO (Data Protection Officer), who can be contacted for all matters relating to the processing and protection of personal data and the exercise of the rights of the data subject at the registered office of the Data Controller or by writing to privacy@Moventur.it. The updated list of data processors and persons in charge of processing is kept at the registered office of the Data Controller.
This version of the policy is issued on 28 July 2020. If the Data Controller intends to modify its information notice, it will inform the interested parties by making an updated version available.
Information on the processing of personal data
(Privacy Code – Legislative Decree 30.6.2003, n. 196 – Art. 13)
The company Moventur Srl (hereinafter referred to as the “Company”) informs you that it is the owner of your information qualified as personal data under the Code for the Protection of Personal Data (Legislative Decree 30.6.2003, n. 196 – Privacy Code) and that it will proceed to their treatment for the purposes and in the manner indicated below. This information provided pursuant to art. 13 of Legislative Decree no. 196 of June 30, 2003 (Privacy Code) will allow you to know all our policies on the processing of data we collect, both to understand how your personal information is handled when you use our services (at our business premises and our rental offices) and when you use the online services made available in all sections of the website www.Moventur.it (hereinafter “Site”) where you are asked to provide personal data. This is done in order to allow you to give your express, conscious, informed and specific consent to the processing of your personal data regardless of the means of communication and the purposes for which you come into contact with the Company. With regard to the collection of data on this Site, we remind you that in the various sections where we collect your personal data are also published further and specific information pursuant to art. 13 of the Privacy Code (or pursuant to specific regulatory provisions contained in the General Provisions of the Guarantor Authority for Privacy) for your necessary vision before the provision of the requested data. The information and data supplied by you or otherwise acquired as part of the use of the Site will be processed in accordance with the provisions of the Privacy Code (the full text of which is available from her on the website of the Privacy Authority www.garanteprivacy.it), the Recommendation of the Group of European Guarantors n. 2 of 17 May 2001 and the obligations of confidentiality that inspire the activities of the Company. By processing of personal data we mean any operation or set of operations, carried out even without the help of electronic means, concerning the collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, erasure and destruction of data, even if not registered in a database. We inform you, therefore, that such data will be processed manually and/or with the support of computer or telematic means for the following purposes.
A. Primary purposes of the processing of personal data.
Access to and navigation on the Site are free, but the possibility of using some online services available on the Site and/or on third party websites accessible from the Site is only allowed after user registration. The registration process consists of filling in an online form in which the user is asked to indicate his personal data – some of which must be entered – for the activation of authentication credentials (login + password) with which the interested party will then access all areas and services of the Site reserved for registered users. Therefore, in the first place, the primary purposes of the processing are represented by the need to allow the activation of different types of user profiles on the Site (e.g.: creation of the “driver profile”, creation of the customer profile to book vehicles online on the Site, etc.). Registered users, once authenticated to the Site, are then enabled to use specific services made available online on the Site. The primary and main purposes of the processing of the registered user’s data are to allow him/her to access the web pages of the Website where it is possible to use on-line services and pre and post-contractual assistance for the management of any contractual, administrative, technical or legal consequent profile. With reference to this last treatment, the purpose is also to manage any type of request for assistance – technical, commercial and / or contractual nature – received by the Company and provide answers to customers.
The processing we intend to carry out also has the following purposes, which are not only related to the collection of data online, but also refer to all the means, procedures and services – also offline – by which the Companies collect your personal data: a) establishment and execution of obligations arising from rental contracts and / or resale of used vehicles (remarketing) and / or the provision of main or ancillary services related to the type of contract you have requested
b) management of payments (with relative processing – in accordance with the law – of payment data, including the identification details of credit cards where such payment instrument is selected by the customer) of the services requested and any ancillary economic charges for the services, in accordance with the provisions of the General Terms and Conditions of Hire and/or other specific contractual conditions published on the Site or otherwise made available to the customer;
c) fulfilment of legal, accounting, fiscal, administrative and contractual obligations connected with the existing relationships, or those to be established, or with the provision of the requested services;
d) management of relationships with third parties for purposes related to insurance relationships or relationships – in the broadest sense – relating to administrative practices or law that affect the vehicles (eg change of ownership, etc.) or relationships with suppliers (eg garages, etc.)
e) management of relations with third parties represented by sector and/or category associations;
f) management of relations with authorities and third-party public bodies for purposes connected with particular requests, the fulfilment of legal obligations or particular procedures (e.g. renotification to the actual offender of reports of violations of the Highway Code);
g) preparation of measures relating to protection against credit risk, including activities aimed at identifying the customer, ascertaining the truthfulness of the data provided and the customer’s economic reliability/solvency, also during the course of the relationship;
h) preparation of measures relating to the protection of the company’s assets (e.g. vehicle fleet);
i) preparation of measures relating to the protection of the personnel of the Company against any acts carried out by customers that are unlawful or fraudulent or in any case in breach of the contract or the rules of law or the principles of correct behaviour in commercial relations, including activities and processing aimed at identifying the person responsible for such acts and storing the relevant information for subsequent determinations of judicial protection or other types of protection by the Companies
j) collection, storage and processing of your data to perform statistical analysis in an anonymous and/or aggregate form, without the possibility of identifying the user, aimed at verifying the quality of the services offered
k) collection and storage of your data as part of the verification of the quality of service provided to users, including data collected indirectly by recording phone calls made by users to the call centers of MOVENTUR call centers (e.g. for the purpose of booking the Company’s services by telephone), telephone contacts which are recorded and subsequently examined on a sample basis to verify the quality of the services rendered by the call centre operators. In the context of the aforementioned primary purposes of the treatment referred to in letter (h) above, we inform you that in the case of use of vehicle rental services, the vehicle could be equipped with a satellite device of the type “event data recorder” with geolocation and georeferencing functions that although referring to the vehicle as such could still involve – even indirectly – a processing of personal data of the driver through its subsequent identification. In such possible cases, Moventur intends to pursue the following purposes of the processing:
a) to optimize the management of its fleet of vehicles, in order to increase the security of its assets represented by the fleet against unlawful acts (eg: theft, damage, etc.);
b) increase the safety of customers and drivers (e.g. assistance and timely intervention based on geolocation in case of accident);
c) optimize financial management, with a view to reducing costs (e.g.: recovery of stolen vehicles has a direct impact on costs and assets in the case of self-insurance; monitoring of information makes it possible to improve company operations with significant savings in terms of company costs)
d) improve the relationship with its customers by reducing the cases of dispute in case of accident and optimize the insurance management (the assessment of the damage and the precise knowledge of the dynamics of the accident through the information collected by the event data recorder allow – on the one hand – the correct attribution of the same as well as the timely allocation, on the other hand the control of claims, in view of the civil liability, simplifies the procedures of allocation, evaluation and settlement of damages in the relationships with the Insurance Companies);
e) optimize the life cycle of vehicles through statistical analysis (mileage, kilometers, etc.). The processing of the related personal data would be carried out with the help of electronic tools (including event data recorder) and telematics made available by external supplier company, specifically appointed as the External Data Processor and provided with detailed instructions to define the scope of treatment allowed. We inform you that the operation of event data recording systems on the side of the processing of personal data is authorized without the need for consent of the customer by the provision issued by the Guarantor for privacy against Moventur following the completion of the procedure of prior checking provided by art. 17 of the Privacy Code.
A1. Communication and dissemination of personal data for the pursuit of the primary purposes of the processing.
In all the above cases – and in accordance with the applicable regulations of the Privacy Code – the Companies may communicate personal data externally to all subjects whose intervention in the processing is necessary according to the services requested by the user. In addition, for the pursuit of the primary purposes, the data may be communicated to any other external third party when the communication is required by law or in order for the Companies to properly perform contractual, pre-contractual or post-contractual services (e.g.: technical assistance and request for support or sending complaints made by the customer against an external supplier of goods and/or services related to the rental relationship). With reference to the scope of communication of your data, we inform you that the information provided may be communicated to, or may come to the attention of, the following subjects or categories of subjects:
1. police forces, armed forces and other public administrations, for the fulfilment of obligations provided for by law, regulations or Community legislation. This scope of communication also includes the communications required by law to the competent authorities – pursuant to the provisions of article 126 of the Highway Code and the Circular of the Ministry of the Interior no. 300/A/1/44248/109/16/1 of August 12, 2003, as amended following the sentence of the Constitutional Court 27/2005 (and including all subsequent amendments and additions) – in the event that it is necessary to re-notify or have third parties re-notify (in cases, for example, of re-notification carried out by third companies with which the Companies have agreements for the rental of vehicles – owned by said companies – which are subsequently rented by the Companies – and which are subsequently rented by the Companies). that are subsequently rented by the Companies to their customers) to your person penalties applied following the violation of the rules of the Highway Code on the occasion of your use of a vehicle of which Moventur is the owner and for which you are the actual driver;
2. associated and/or subsidiary companies of the Companies, as well as parent companies (possibly based abroad), as well as companies, consortia and/or other legal entities in which the companies participate as shareholders;
3. consultants and/or partners of the Companies, including companies or other entities with which agreements or conventions are in force for the hire of vehicles subsequently intended for use by employees or other staff of those companies or entities;
4. to insurance companies responsible for settling claims
5. companies, bodies, consortia and associations that carry out credit protection activities; companies and parties contractually bound to the Companies that carry out claim management activities. Even in the case of communication/transfer of data abroad, the relative processing will take place in full compliance with the provisions of articles 42-45 of the Code, the European Union Directive no. 46/95/EEC for transfers within the EU, and the current General Authorisations relating to the transfer abroad of personal data to third countries outside the European Union. It may happen that, in relation to specific activities related to the execution of the rental contract (e.g. claims management), the Companies may collect and process your sensitive data, as defined by article 4, paragraph 1, letter (d) of the Code. In particular, MOVENTUR could proceed to the processing of health data or data that could reveal your state of health. In such cases, for which your written consent is required, we inform you that the Companies will proceed with the processing in full compliance with the provisions of the Code and the applicable General Authorizations of the Guarantor on the processing of sensitive data. Your sensitive data, which will not be disclosed in any way, may be disclosed only to the following categories of subjects:
1. police forces, armed forces and other public administrations, for the exclusive fulfilment of obligations provided for by law, regulations or Community legislation, hypotheses in which Article 26 of the Code excludes the obligation to acquire the prior consent of the interested party;
2. insurance companies responsible for the settlement of claims;
3. companies or subjects contractually bound to MOVENTUR who carry out claim management activities. Pursuant to article 13We also inform you of the subjects or categories of subjects to whom your personal data may be communicated or who may become aware of it, for the same purposes specified herein, in their capacity as Data Processors or Persons in charge of Processing: employees of the Companies, persons in charge of external processing operating at the rental stations on the territory and with whom the Companies have entered into a franchising relationship, managers and operators of the website www.Moventur.it, agents of the Companies, franchisees. Finally, your personal data will not be disclosed, except in cases provided for by law.
A2. Compulsory or optional consent for the pursuit of the primary purposes of the processing of personal data.
In all the cases described above in Paragraphs A and A.1 (for the hypothesis of communication to third parties) – and according to the applicable rules of the Privacy Code – the Companies are not obliged to acquire the specific consent to the treatment of the user. In fact, all the processing operations illustrated above pursue primary purposes for which article 24 of the Privacy Code excludes the need to acquire the specific consent of the data subject, either because the processing is necessary to comply with an obligation imposed by law, regulations or EU legislation, or because the processing is necessary to perform obligations arising from a contract to which the data subject is a party, or to fulfil before the conclusion of the contract, to specific requests of the data subject or, finally, because the exchange of information concerns the communication of data between parent companies, subsidiaries or associated companies pursuant to article 2359 of the Civil Code or with companies subject to common control for administrative-accounting purposes. Given that “administrative-accounting purposes” means the processing connected to the performance of activities of an organisational, administrative, financial and accounting nature, regardless of the nature of the data processed and that, in particular, these purposes are pursued by internal organisational activities, those functional to the fulfilment of contractual and pre-contractual obligations, the keeping of accounts and the application of tax regulations, the user is specifically informed of such processing (e.g.: accounting fulfilment for payments made, tax fulfilment for services purchased on the Website, administrative management of user positions, etc.) as required under art. 24, paragraph 1, letter i-ter). If the user does not intend to provide the personal data required and necessary on the basis of the above, the consequence would be the impossibility of establishing the contractual relationships referred to in the services offered by the Companies, as well as the impossibility – for the activities on this Site – to register on the Site and to use all the services for which registration and/or the provision of data are technically and contractually obligatory (it would still be possible to browse the Site as an unregistered and anonymous user and view only the content and materials available without registration).
B. Secondary purposes of the processing of personal data for promotional, advertising and marketing purposes.
The personal data collected may also be processed, both in paper form (eg, filling out forms, coupons and similar paper at the physical premises of the Companies and subsequent use in electronic form on the Site) and with automated / computer, for the following purposes that are specified below as required by the General Measure of the Guarantor of July 4, 2013 laying down guidelines to combat spam: commercial promotion, advertising communication, solicitation of purchasing behavior, market research, surveys (including telephone, online or through forms), statistical processing (in identifiable form), and marketing in the broad sense (including prize shows, games and contests or other reward initiatives not covered by the discipline of d. p.r. 430/2001) of products and/or services related to the Companies (hereinafter, collectively, “Processing for Marketing Purposes”). By giving consent to the Processing for Marketing Purposes – according to the procedures available from time to time or on this Site in the appropriate sections or at business premises for the collection of the specific marketing consent in format – the interested party specifically acknowledges the promotional, commercial and marketing purposes in the broad sense of the processing (including the consequent management and administrative activities) and expressly authorizes, once consent has been given in accordance with the procedures provided for, said processing both pursuant to article 23 of the Privacy Code (insofar as the Companies intend to use means for Processing for Marketing Purposes such as telephone with operator or other non-electronic, non-telematic means or means not supported by automatic, electronic or telematic mechanisms and/or procedures, including manual contact methods and by paper mail) and also pursuant to art. 130 of the Privacy Code (as the Companies intend to use means for Processing for Marketing Purposes such as e-mail, fax, sms, mms, automatic systems without operator intervention and similar, including electronic platforms and other telematic means). Pursuant to the General Provision of the Guarantor for Privacy of May 15, 2013 entitled “Consent to the processing of personal data for purposes of “direct marketing” through traditional and automated means of contact”, the attention of interested parties is specifically drawn to the fact that:
1. any consent given for the sending of commercial and promotional communications, on the basis of art. 130, paragraphs 1 and 2, of the Code (i.e. through the use of electronic mail, fax, sms, mms, automated systems without operator intervention and the like, including electronic platforms and other telematic means) will imply the receipt of such communications, not only through said automated methods of contact, but also through traditional methods, such as paper mail or operator calls;
2. the right of the data subject to object to the processing of his/her personal data for “direct marketing” purposes through the above-mentioned automated methods of contact will in any case extend to traditional methods and, even in this case, the possibility of exercising this right in part, as provided for by art. 7, paragraph 4, of the Code, remains unaffected, both with respect to certain means and with respect to certain treatments;
3. the possibility remains for the interested party, who does not intend to give consent in the terms indicated above, to express any desire to receive communications for the above marketing purposes exclusively through traditional means of contact, where applicable: this desire may be exercised free of charge by sending a simple e-mail to :info@Moventur.it
4. For the purposes of the principle of fulfillment of privacy obligations for the owner in accordance with the principles of simplification of these requirements (art. 2 of the Code) and pursuant to the General Measure of the Guarantor for privacy of May 15 2013 entitled “Consent to the processing of personal data for the purposes of “direct marketing” through traditional and automated means of contact”, the Companies hereby inform you that the specific consent formula available on the basis of the consent collection procedure envisaged from time to time will be uniform and comprehensive and will refer to all possible means of marketing processing, pursuant to articles 23 and 130 of the Code, without prejudice to the possibility for the interested party to notify the Companies at info@Moventur.it of a different intention regarding the use of certain means and not others for the receipt, subject to consent, of marketing communications. In addition, always for the purposes of the principle of compliance with the privacy obligations of the owner in accordance with the principles of simplification of the same obligations (art. 2 of the Code), the Companies also inform that the specific consent formula will be unitary and comprehensive and will also refer to all the different and possible marketing purposes explained herein (i.e. without multiplying the consent formulas for each distinct marketing purpose pursued by the owner), without prejudice to the possibility for the person concerned to notify the Companies at a later date of a different selective will as to the consent or refusal of consent for individual marketing purposes. In order to proceed to the Treatment for Marketing Purposes it is compulsory to acquire a specific, separate, expressed, documented, prior, informed, free and entirely optional consent. Consequently, where the interested party decides to give specific consent, he or she must be informed in advance and aware that the purposes of the processing pursued are of a specific commercial, advertising, promotional and marketing nature in the broadest sense. With a view to absolute transparency, we therefore inform you that the data will be collected and subsequently processed on the basis of specific provision of consent:
1. in order to send advertising and informative material (e.g. Newsletters), of a promotional nature or in any case of a commercial solicitation nature, pursuant to articles 23 and 130 of the Privacy Code, to those subjects who have given informed consent;
2. to carry out direct activities of sale or placement of products or services of the Companies;
3. to send commercial information; to carry out interactive commercial communications also pursuant to article 58 of Legislative Decree 206/2005 through the use of e-mail;
4. to carry out studies, research, market statistics and to carry out polls, surveys, surveys both by telephone and by electronic means of communication;
5. to send unsolicited commercial communications pursuant to Article 9 of Legislative Decree April 2003 n. 70 of transposition of the c.d.. Directive on Electronic Commerce 2000/31/EEC, which provides that unsolicited commercial communications must be immediately and unequivocally identifiable as such and contain an indication that the recipient of the message may object to receiving such communications in the future; With reference to the sending of Newsletters by e-mail to which you may consent, we also inform you that the electronic content of these promotional communications may be assisted by software (such as cookies or web beacons) capable of making known to the Company a series of parameters such as, for example: time the Newsletter was opened, pages viewed in the Newsletter, links clicked within the Newsletter, links to the Companies’ websites directly from the Newsletter. These parameters, which do not constitute profiling of the addressee, are aimed at providing the Companies with certain statistical data regarding service bookings generated by various sources. Therefore, by giving optional consent, the interested party specifically acknowledges and authorizes such further, possible secondary processing. In any case, even where the person concerned has given consent to authorize the Companies to pursue all the purposes mentioned in points 1 to 5 above, he will still be free at any time to revoke it by sending a clear communication to this effect to the Companies by e-mail: info@Moventur.it Following receipt of this opt-out request, the Companies will promptly remove and cancel the data from the databases used for Processing for Marketing Purposes and inform any third parties to whom the data has been communicated for the same purposes of cancellation. The simple receipt of the cancellation request will automatically be considered as a confirmation of cancellation.
B1. Communication and dissemination of personal data for the pursuit of secondary purposes of treatment.
For the same purposes referred to in numbers 1 to 5 of the preceding paragraph B, the Companies inform that the data may also be communicated to third party business partners. The consent to the Processing for Marketing Purposes by the Companies – where given by the data subject – does not cover the different and further marketing processing represented by the communication of the data to third parties for the same purposes. In order to proceed with such external communication (currently not carried out by the Companies, but possible in the future) it is mandatory to acquire from the data subject an additional, separate, documented, express and entirely optional informed consent. As indeed clarified in the General Measure of the Guarantor of July 4, 2013 containing the Guidelines for combating spam:
1. with respect to the communication to third parties for marketing purposes in general, the communication or transfer to third parties of personal data for marketing purposes can not be based on the acquisition of a single and generic consent from the data subjects for such purposes;
2. the owner of the treatment that intends to collect personal data of the interested parties also to communicate (or transfer) to third parties for their promotional purposes must first issue to them a suitable information that also identifies each of the third parties or, alternatively, indicate the categories (economic or commodity) to which they belong;
3. it is necessary that the owner acquires a specific consent for the communication (and / or transfer) to third parties of personal data for promotional purposes, as well as separate from that required by the same owner to carry out promotional activities itself
4. if the person concerned gives the above consent for the communication to third parties, they will be able to carry out promotional activities against him with the automated methods referred to in Article 130, paragraph 1 and 2 of the Privacy Code without having to acquire a new consent for promotional purposes.
This external communication could have the following characteristics, depending on the case
- Communication of the data of the data subject from the Companies to third parties in general that may collaborate with the Companies (for example, as part of co-branded marketing initiatives) or are delegated under a service contract to transmit commercial communications to the data subject or are outsourcers contractually assigned (and appointed as data controllers) to carry out the Processing for Marketing Purposes in the name and on behalf of the Data Controllers: in this case, the recipients of the communication 6 may rely on the same specific marketing consent (and on the consent to communication to third parties for the same purposes) already given by the data subject to the Companies.
- To allow the Companies (also pursuant to art. 16 of the Privacy Code, for any reason – including against payment – to any third party and also as part of commercial transactions involving the sale or purchase of databases for the same commercial purposes specified above), to transfer databases (for the pursuit by third parties of purposes compatible with the original purposes) containing personal data of users who had given their informed and informed consent. Pursuant to the General Provision of the Guarantor of July 4, 2013 containing the Guidelines for combating spam, the third party recipients of communications of personal data of the interested parties for the subsequent Treatment for Marketing Purposes are identifiable with reference to the following product or economic categories: publishing, sports companies, suppliers of electronic communication goods and services, Internet service providers, communication agencies, companies providing insurance and financial services, companies in the food and catering sector, clothing, ICT hardware and software, banks and credit institutions, travel agencies, companies offering services in the tourism sector, companies offering services and goods for the person, including health goods and services, companies providing goods and services in the Energy and Gas sector. Personal data will not be disseminated. In the event that – for the purposes illustrated above in paragraphs B and B.1 – a fixed or mobile telephone number is processed that the user has optionally indicated (where provided for in the forms on the Site and where applicable), also giving optional and specific consent to the processing of such personal data for the purposes of commercial promotion and marketing in the broadest sense, we inform you that the Companies and any third parties may legally process the telephone number for marketing purposes even if it is registered in the Public Register of Objections, as it is processed by a source other than public telephone directories and covered by specific consent. For the utmost transparency and respect for privacy, the Companies therefore draw the interested party’s attention with particular attention to assessing the indication (in any case not obligatory) of telephone numbers in the forms.
B2. Obligatory or optional nature of consent for the pursuit of the secondary purposes of personal data processing.
We would like to draw your attention to the fact that the provision of personal data to the Companies and the provision of consent to the Processing for Marketing Purposes and of the separate consent to the communication to third parties for the Processing for Marketing Purposes (if carried out in the future) for the purposes and in the manner illustrated above are absolutely optional and optional (and in any case revocable without formality even after the provision by sending an e-mail to info@Moventur.it) and failure to provide such consent will not lead to consequences other than the impossibility for the Companies and for any third party to proceed with the marketing treatments mentioned. In case of denial of consent marketing there will be no interference and / or consequences on the relationships negotiated, contractual or other, whose processing of personal data fall within the primary purposes of the treatment referred to in paragraph A.
C. Processing of personal data of data subjects for purposes of commercial profiling of data subjects.
It is possible that for marketing purposes and to improve the services and functionalities of the Site, the Companies may proceed to process data known as “profiling”. On the basis of what is indicated by the Guarantor Authority for the protection of personal data, the activity of profiling can concern “individual” personal data or “aggregated” personal data deriving from detailed individual data. To clarify what “profiling” consists of, reference can be made to the following parameters: – the data are structured and coordinated according to predefined parameters identified from time to time, depending on business needs (regardless of marketing, contractual, administrative, etc.);
- The starting data, individually considered, can include personal information of various types, including data of a contractual nature and data relating to consumption, but it is only after profiling (i.e. structuring according to pre-established parameters) that it is possible to infer further indications relating to each interested party, further indications (i.e. the “profile”, for example, consumption range, level of expenditure incurred, active services, commercial attitude, etc.) that would not derive from the mere informative attitude of the data individually or separately considered. In other words, profiling in the strict sense can result in the availability of a wealth of information that goes well beyond the information considered individually and relating to each person concerned;
- Furthermore, profiling in the strict sense provides an added value given by the multiple correlations that can be established between the individual data collected, in order to obtain additional useful information. The basic elements of a profiling treatment are therefore: 1) the predetermination of parameters for the structuring of the data individually considered; 2) the comparison, cross-referencing, and correlation of these data with each other and the comparative analysis carried out on the basis of the predefined parameters (i.e. the cataloguing of the individual data inclusters); 3) the obtaining of a profile through the above activities and which allows the identification of the interested parties and the additional analytical indications with respect to the single data relating to their personal sphere (tastes, preferences, habits, needs and consumption choices) and allows the generation of mapping/segmentation in homogeneous groups of behavior (dynamic creation of behavioral profiles). The treatments illustrated above will be hereinafter collectively referred to as “Profiling Treatment”. In order to proceed with a Profiling Treatment it is mandatory to acquire a specific, separate (also from the marketing consent referred to in paragraphs B and B.1. above), express, documented, prior and entirely optional consent.
The Companies may proceed to the following Profiling Treatments, as in the case of detection of:
- Number and type of rentals made in a predetermined time horizon;
- Frequency of use of services;
- Other indices aimed at highlighting tastes and purchasing habits. Consequently, where the interested party decides to give his or her specific consent, he or she must be informed in advance and aware that the purposes of the processing pursued are of a specific commercial, advertising, promotional and marketing nature in the broadest sense based on Profiling Processing. With a view to absolute transparency, we therefore inform you that the data collected on the basis of a specific consent may be subject to a Profiling Treatment for the same purposes as those referred to in paragraphs B and C of this notice, while the scope of communication will possibly be the same as that already explained for the Marketing Treatment in paragraph B.
1. It is hereby specified that the Companies do not currently communicate common personal data to third parties in order for them to carry out Profiling Processing for the same purposes as those set out in paragraphs B and C of this notice. However, if in the future the Companies should make such communication to third parties, the relative purposes are as of now made known to the interested party with this notice. We draw particular attention to the fact that the provision of personal data to the Companies and the provision of both consent to the Profiling Treatment and the separate consent to the communication to third parties for the Profiling Treatment (if carried out in the future) are absolutely optional and optional (and in any case revocable without formality even after the provision by sending an e-mail info@Moventur.it) and the failure to provide such consent will not determine any consequences other than the impossibility for the Companies and any third party to proceed with the mentioned treatments. In case of denial of consent to the Processing of Profiling there will be no interference and / or consequences on commercial, contractual or other relations whose processing of personal data fall within the primary purposes of the treatment referred to in Paragraph A.
D. Use of technologies to acquire information stored in the users’ terminal equipment (“Cookies”).
With reference to the operation on the Site of the so-called cookies or similar technologies, please read the specific Information on Cookies.
E. Navigation data.
The computer systems and software procedures used to operate the Site acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified interested parties, but by their very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of computers used by users who connect to the Site, URI (Uniform Resource Identifier) of requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the response from the server (successful, error, etc..) and other parameters regarding the operating system and computer environment of users. These data are used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the Site: except for this possibility, the data on web contacts are not stored permanently, unless requested by users (eg access to the pages of the Site that summarize the services used, the information requested, etc.).
E2. Type of personal data processed.
It being understood that “personal data” means “any information relating to a natural person, identified or identifiable, even indirectly, by reference to any other information, including a personal identification number” and that “sensitive data” means “personal data revealing racial or ethnic origin religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organisations of a religious, philosophical, political or trade-unionist character, as well as personal data disclosing health and sex life”, the Companies hereby provide information on the following. Within the scope of the commercial relations established with the Companies, your personal data may be processed that fall within the category of “sensitive” data referred to in Articles 4, paragraph 1, letter d) and 26 of the Privacy Code. In any case, apart from the cases of exemption provided for in Article 26, paragraph 4 of the Code, such data can be processed only with the written consent or equivalent (“equivalent consent” is also the manifestation of will on-line through procedures such as clicking on web pages buttons such as “I agree”, “Send”, etc. or check boxes or boxes next to the term “I agree”, etc.) of the person concerned and in accordance with the General Authorisations of the Guarantor to the processing of data. In particular, in addition to requiring from time to time written consent or equivalent, our activities are previously authorized by the General Authorizations 2, 4 and 5 in force in the year of reference. The purposes of the processing of sensitive data are related to the management of the rental relationship (processing of data revealing racial or ethnic origin in the case of indication of the name of a foreign customer renting a vehicle, processing of health data as part of procedures for the management of claims with personal injury, processing of data related to a particular state of the driver in the context – for example – of reports notified to MOVENTUR for violation of the rules of the Code of the road in relation to the exceeding of the blood alcohol level at the time of rental).
driving, and the like). In other cases, the processing of sensitive data may be implied by particular contractual relationships, as in the case of resale of a vehicle to a disabled person. In such cases, for example, the holder of the treatment in order to assess the different types of disabilities eligible for tax benefits (reduced VAT at 4%, exemption from stamp duty, etc.) must always view the sensitive data indicated on the health certificate (disability certificates, handicap, etc.) reporting anamnesis and pathologies of the customer-buyer and keep in its archives – for the terms of law – all the paper documentation, suitable to demonstrate, in case of verification or dispute by the offices of the Inland Revenue, the legitimacy of the conditions for having applied the benefits. In such cases, we would like to inform you that the processing will be carried out in compliance with the indications contained in the Provision of the Guarantor of February 16, 2011 entitled “Privacy: more protection for the disabled who purchase a car”. As part of the business relationship established with the Companies, your personal data may also be processed in the context of “judicial” data as per articles 4, paragraph 1, letter e) and 27 of the Privacy Code, with particular reference to data disclosing qualities or situations relevant under criminal law. Pursuant to art. 27 of the Privacy Code, the processing of judicial data by private entities is permitted only if authorized by express provision of law or provision of the Guarantor, the latter represented by the General Authorization no. 7 (in force in the year of reference) to the processing of judicial data. Pursuant to Chapter IV, point 1, letter a.3) of General Authorization no. 7 on the processing of judicial data the purposes of the processing of judicial data authorized are as follows:
(a) ascertainment of responsibility in relation to claims or events pertaining to human life;
b) cooperation in ascertaining situations of concrete risk for the correct exercise of insurance activity, in relation to offences directly connected with the same activity
c) in order to assert or defend a right, also on behalf of a third party, in judicial proceedings, as well as in administrative proceedings or in arbitration and conciliation procedures in the cases provided for by laws, Community regulations or collective agreements, provided that the right to be asserted or defended is of equal rank to that of the data subject and that the data are processed exclusively for such purpose and for the period strictly necessary for its pursuit. In any case, MOVENTUR will process – where applicable – only the data essential for the purposes for which the processing is allowed and which cannot be fulfilled, case by case, by processing of anonymous data or personal data of a different nature.
F. Eventual indication by the interested party of personal data of third parties.
The user acknowledges that any indication (e.g. in the compilation of forms, including paper forms, such as rental agreements and/or forms also online on this Site) of personal data and contact details of any third party other than the data subject represents a processing of personal data with respect to which he/she is the independent data controller, assuming all the obligations and responsibilities provided for by the Privacy Code. In this sense, the user guarantees the companies that any data of third parties that will be so indicated by the user (and that will consequently be treated as if the third party had provided informed consent to treatment) has been acquired by the user in full compliance with the Privacy Code. On this point, the user grants the widest possible indemnity with respect to any dispute, claim, request for compensation for damages from treatment, etc. that may be received by the Company from any third party because of the provision of data indicated by the user in violation of the rules on the protection of personal data applicable.
G. Data retention and security measures
9 The data will be stored for the period of time defined by the reference legislation, mainly on servers located in France, at the headquarters of the company Head of the MOVENTUR Group. In any case, the storage period of your data will be exclusively represented by the time necessary to pursue the purposes explained above and will be equal to the duration of the service relationship between you and the Data Controller, except for the need of contractual, administrative, fiscal, accounting or legal obligations after the termination of the relationship. As soon as these obligations are fulfilled, your data will in any case be cancelled, except for the following conservation according to different terms of law of the act and/or document containing the data. We also inform you that such data will be collected, processed and stored in full compliance with the provisions of Articles 31 et seq. of the Privacy Code and the Technical Regulations – Annex B to the Code – regarding security measures and – as far as the company MOVENTUR is concerned – according to the applicable local regulations. The data will also be processed in full compliance with the rules of self-regulation on the processing of personal data contained in the Codes of Conduct in force.
H. Data Controller and Data Processors.
The identification details of the Companies as Data Controllers of the data of the data subject (in some cases the Companies may be joint controllers of the same data and processing, in other cases they may be independent and distinct data controllers) are the following: MOVENTUR a socio unico, subject to management and coordination by MOVENTUR. Registered office: Verona Via Torricelli n. 27
Registered in the R.I. ……………………….. VAT number :
Address for the exercise of rights according to art. 7 of the Privacy Code: info@Moventur.it In any case, we inform you that since the Site is hosted on servers owned (and in the exclusive availability for what concerns the technical management) by MOVENTUR, in many cases of personal data processing, MOVENTUR is the exclusive and autonomous Data Controller subject to the constraints of the French privacy law. In other cases, MOVENTUR acts as joint data controller with the companies. In any case, in order to protect and facilitate the relationship with the users of MOVENTUR, MOVENTUR can be taken as a reference point for the request and management of your personal data. The updated list of data processors (if appointed), is available at the headquarters of MOVENTUR a socio unico, subject to direction and coordination of MOVENTUR.
L. Exercise of rights by the data subject.
At any time you will be able – without any formality – to exercise your rights under Art. 7 of the Privacy Code (also using the application form made available by the Guarantor on www.garanteprivacy.it). which for utility is reported in full below. The exercise of rights is not subject to any constraint of form.
TEXT ARTICLE 7 OF THE PRIVACY CODE
(Right of access to personal data and other rights)
- The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet recorded, and their communication in intelligible form.
- The interested party has the right to obtain the indication of
(a) the origin of the personal data;
b) the purposes and methods of processing
c) the logic applied in case of treatment with the aid of electronic instruments;
d) the identity of the owner, manager and the representative appointed under article 5, paragraph 2;
e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as
as designated representative in the territory of the State, managers or agents.
3. The interested party has the right to obtain
a) the updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary in relation to the purposes for which they were collected.
conservation in relation to the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations of which to the letters a) and b) have been suited to knowledge, also as it regards their content,
of those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate to the protected right.
of means manifestly disproportionate to the protected right.
4. The interested party has the right to oppose, in whole or in part
a) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
market research or commercial communication.