Personal Data Protection

European Directives 95/46/EC - Italian Law 196/2003

Clause for clients and suppliers
Personal data collected directly and /or through third parties by the controller Gambarotta Gschwendt Srl, are processed in printed, computing and telematic form for the performance of contractual and lawful obligations as well as for the effective handing of business relations, also for future use.

The non-submittal of data, where not compulsory, will be evaluated from time to time by the controller and the resulting decisions to be made will take into account the importance of the required data in respect of the business relation management.

Data may be disclosed, strictly in accordance with the above-mentioned purposes, and consequently processed, only in relation to the said purpose, by the other subjects:
- Our agents organization
- Factoring companies
- Banks
- Credit recovery companies
- Credit insurance company
- Business information companies
- Professional and consultants

The data subjects may exercise will all the rights set forth in art. 7 of Italian Law 196/2003.

The manager of “Personal Data Protection” is Mr. Christian Jezek Gambarotta Gschwendt Srl, Viale Verona 200, 38100 Trento, Italy.

Art. 7 of Italian Law 196/2003

1.A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible from.

2.A data subject shall have the right to be informed
a)of the source of the personal data;
b)of the purposes and methods of the processing;
c)of the logic applied to the processing, if the latter is carried out with the help of electronic means;
d)of the identification data concerning data controller, data processor and the representative designated as per Section 5(2);
e)of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.

3.A data subject shall have the right to obtain
a)updating, rectification or, where interested therein, integration of the data;
b)erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecerrary for the puroses for which they have been collected or subsequently processed;
c)certification to the effect that the operations as per letter 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.

4.A data subject shall have the right to object, in whole or in part,
a)on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the 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.

Application of the rules on protection of personal data by the Community institutions and bodies

The European Parliament and the Council of Ministers have adopted the Regulation on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. This Regulation is the result of the mandate laid down in Article 286 of the Treaty establishing the European Community. It entails the application of the existing Directives in this area to the Community institutions and bodies and the setting up of an independent body responsible for monitoring the application of standards.

The Community institutions and bodies, and the Commission in particular, commonly deal with personal data in the course of their activities. The Commission exchanges data of a personal nature with the Member States, as part of the common agricultural policy, to administer the customs procedure, under the structural funds and in connection with other Community policies. To avoid these exchanges being called into question by the Member States on the grounds of data protection, the Commission declared that it would also respect the principles contained in Directives 95 46 and 97 66.
Under the new Article 286 of the Treaty of Amsterdam, the Community institutions and bodies have to apply the Community rules for protecting personal data with effect from 1 January 1999. It is also intended that an independent supervisory authority should oversee the application of these rules.
On 14 July 2000, the Commission presented a proposal for a Regulation, with a view to its possible adoption at first reading. The European Parliament and the Council adopted, on 14 and 30 November 2000 respectively, positions in favour of a common compromise text and the Commission was able to submit an amended proposal in line with this compromise. The Regulation was thus adopted and is directly applicable.

Protection and guarantees
The aim of the Regulation is to protect individuals' freedom and fundamental rights, particularly in their private life. Article 3 specifically states that it applies to all Community institutions and bodies, insofar as the processing of personal data is carried out in the exercise of activities all or part of which fall within the scope of Community law.
The Regulation applies to the processing of data by the following institutions: the European Parliament, the Council of the Union, the European Commission, the Court of Justice and the Court of Auditors. The bodies set up by the EC, ECSC and EAEC Treaties are also included: the European Central Bank, the European Investment Bank, the Economic and Social Committee, the Committee of the Regions. Lastly, it also applies to bodies set up under secondary Community legislation, namely: the European Centre for the Development of Vocational Training, the European Foundation for the Improvement of Living and Working Conditions, the European Environment Agency, the European Training Foundation, the European Monitoring Centre for Drugs and Drug Addiction, the European Agency for the Evaluation of Medicinal Products, the Office for Harmonisation in the Internal Market (trade marks and designs), the European Agency for Safety and Health at Work, the Community Plant Variety Office and the Translation Centre for the Bodies of the Union.
The institutions and bodies dealing with personal data are obliged to supply the relevant information to the person concerned, allowing them to exercise the rights provided for by the Regulation. The data subject also has the right to obtain access to these data and to have them rectified, blocked or erased under the conditions set out in the Regulation, as well as to object to the processing of these data under certain circumstances. The institutions and bodies may nevertheless derogate from some of these rights for clearly defined reasons in the public interest.
Moreover, the Regulation establishes an independent control authority known as the European Data Protection Supervisor. Specific guarantees have been put in place to ensure his or her independence, in particular as regards appointment and dismissal, term of office and the requirement that he or she should not seek or take instructions from anybody. The controller is responsible for ensuring that the provisions of the Regulation are implemented. In addition, each institution and body must designate at least one person as Data Protection Officer; this person who cooperates with the controller and is responsible for ensuring, in an independent manner, that the Regulation is applied within each institution and body.

More information:

http://ec.europa.eu/justice_home/fsj/privacy/
http://ec.europa.eu/justice_home/fsj/privacy/law/implementation_en.htm