Laika Caravans S.P.A., with registered office in Via Certaldese, 41, 50026 San Casciano in Val di pesa (FI) (“Laika“) which can be contacted at the email address email@example.com – in its capacity of data controller – provides this information privacy notice (the “Privacy Notice“) in relation to the processing of personal data provided by clients and/or users (the “User“) of the website www.laika.com (the “Site“).
1. CATEGORIES OF PERSONAL DATA PROCESSED
Laika collects – according to this Privacy Notice – the following categories of personal data:
a) Browsing data
The computer systems and software 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 is information that is not collected to be associated with data subjects, but for their nature may, 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 the computers used by Users who connect to the Site, the addresses in the Uniform Resource Identifier (URI) of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and the user’s IT environment.
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.
b) Data provided by the User
The User while operating on the Site may provide to Laika the following categories of personal data:
- Identifiable information and contact details such as name, surname, address, telephone number, e-mail;
- Username and password for the login in the customer satisfaction area;
- Curriculum Vitae
2. HOW DOES LAIKA USE PERSONAL DATA?
Laika processes Personal Data for the following purposes:
a) to enable the User to use the Site and its functionalities (including the possibility to be contacted by Laika or to request the sending of the Laika’s booklet or to receive the newsletter);
b) for the management of complaints and possible controversies;
c) to send newsletter to the User, only to the extent the delivery of the relevant communications is expressly requested by the User
d) for compliance with applicable laws;
(the purposes from letters a) to d) are jointly referred to as “Contractual Purposes“)
e) exercising or defending legal claims in court proceedings or in an administrative or out-of-court procedure;
f) complete a potential merger, sale of assets or transfer of all or a material part of its business, by disclosing and transferring the User’s personal data to the third party or parties involved in the transaction as part of the transaction;
(the purpose as per letters e) and f) above are jointly referred to as “Legitimate Interest Purposes“)
g) with the User prior consent, the delivery of direct marketing communications concerning products and services of Laika which may be sent by both automated (e.g., SMS, e-mail and web applications) and traditional (e.g., letters and calls with human interventions) means of contact;
h) with the User prior consent, the delivery of marketing communications customized on the User interests and needs by means of the channels of communication set out under letter g) above;
(the purposes of letters g) and h) above are jointly referred to as “Marketing Purposes“).
3. ON WHAT LEGAL BASIS DOES LAIKA PROCESS THE PERSONAL DATA?
The processing of the Personal Data is necessary with regard to the Contractual Purposes as it is essential:
- for the provision of the requested services with regard to the functionalities of the Site as per Sections 2 letters from a) to c);
- in order to comply with provisions as provided by the applicable laws as per Section 2 letter d).
Should the User not provide its personal data with regard to the Contractual Purposes, Laika will not be able to provide the User with the services of the Site.
The processing of the personal data with regard to the Legitimate Interest Purposes as per Section 2 letters e) and f) is carried out pursuant to article 6, letter f) of the EU General Data Protection Regulation No. 679/2016 (the “Privacy Regulation“), for the pursuit of Laika legitimate interest, which is adequately balanced with the User’s interest since the data processing is performed within the limits strictly necessary to perform such economic activities. This data processing activity with regard to the Legitimate Interest Purposes is not mandatory and the User can object to the data processing at any time through the modalities as set out in the Privacy Notice. In such case no data processing will be carried out by Laika, except in case where Laika demonstrates the existence of legitimate prevailing arguments or the processing is necessary to exercise or defend Laika’ rights pursuant to Section 21 of the Privacy Regulation.
Finally, the data processing with regard to the Marketing Purposes is based on the User’s prior consent. Such data processing is not mandatory however should the User object to the sending of marketing communication or refuse to provide the relevant consent the User will not receive marketing communications as per Section 2 letters g) and h) above. In any case, the User can withdraw its consents and object to the sending of the marketing communications at any time through the modalities as per this Privacy Notice.
4. HOW DOES LAIKA PROCESS THE PERSONAL DATA?
In relation to the purposes indicated above, personal data will be processed both electronically and/or manually, in any case in such a way as to guarantee the security, protection and confidentiality of the data, thanks to appropriate administrative, technical, personnel and physical measures against loss, theft and unauthorized use, disclosure or modification.
5. WHO CAN HAVE ACCESS TO THE PERSONAL DATA?
For the Contractual Purposes, the User’s personal data may be transferred to the following categories of recipients : (a) third parties service providers entrusted with processing activities that provide services or assistance and advice to Laika, with special – but not exclusive – reference to technology, accounting, administrative, legal, insurance, IT matters; (b) companies of the Laika group; and (c) persons and authorities whose right to access personal data is recognized by law, regulations or provisions issued by legally empowered authorities. The abovementioned recipients will process personal data as data controllers, data processors or persons in charge of processing, depending on the circumstances.
For the Legitimate Interest Purposes, personal data may be transferred to the following categories of recipients: (a) companies of the Laika Group; (b) potential purchaser of Laika and the entities resulting from mergers or any other transformation involving Laika; (c) competent authorities.
6. IS THE PERSONAL DATA TRANSFERRED ABROAD?
The User personal data may be transferred to countries within and outside the European Economic Area, in particular in the Unites States. For transfers from EU to countries not considered adequate by the European Commission, Laika has put in place appropriate and suitable safeguards to protect the Users’ personal data. Accordingly the Users’ personal data are transferred in compliance with the requirements and the obligations provided by applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the Privacy Regulation.
For further information with regard to the appropriate or suitable safeguards and the means by which to obtain a copy of them, the User can contact Laika with the modalities as per this Privacy Notice.
7. WHICH IS THE RETENTION PERIOD APPLYING TO THE PERSONAL DATA?
User’s personal data will be stored for the period necessary to fulfil the purposes for which the data was collected as outlined in this Privacy Notice. In any case the following retention periods will apply to the processing of the personal data:
- for Contractual Purposes and for Legitimate Interest Purposes is retained during the provision of the services plus a period of 10 years after the termination of the services, except when the detention of the data is necessary to respond or to file a legal actions, upon request of the competent authorities or in compliance with the applicable laws;
- data collected for Marketing Purposes relating to the delivery of marketing communications as per Section 2 letter g) of this Privacy Notice is retained during the provisions of the services requested by the User and a subsequent period of 24 months;
- data collected for Marketing Purposes relating to the profiling of User’s preferences for marketing purposes as per Section 2 letter h) of this Privacy Notice is retained during the provisions of the services requested by the User and a subsequent period of 12 months.
8. WHAT ARE THE USER’S RIGHTS WITH REGARD TO PERSONAL DATA?
The User, at any given time and with no costs involved, can exercise the following rights, by sending an email to the following address privacy@Laika.it:
a) to obtain from Laika confirmation of the existence of personal data and to be informed of its content and source, verify its accuracy and request its integration, update or amendment;
b) request the erasure, anonymisation or restriction of the processing of personal data processed in breach of the applicable laws;
c) object in whole or in part, on legitimate grounds, to the processing of personal data;
d) to withdraw the consent to the processing of the data (if and to the extent such a consent is necessary) without affecting the lawfulness of the processing based on the consent given before of the withdrawal;
e) request Laika to limit the processing of the personal data where:
- the User contests the accuracy of the personal data until Laika have taken sufficient steps to correct or verify its accuracy;
- the processing is unlawful but you do not want us to erase the personal data;
- Laika no longer needs the personal data for the purposes of the processing, but the User requires them for the establishment, exercise or defence of legal claims; or
- the User has objected to processing justified on legitimate interests, pending verification as to whether Laika has compelling legitimate grounds to continue processing.
f) object to the processing of the personal data;
g) request the erasure of the personal data without undue delay;
h) receive an electronic copy of the personal data, if the User would like to port its personal data to itself or a different provider; and
i) lodge a complaint with the relevant data protection supervisory authority.
Pursuant to Article 2-terdecies of Legislative Decree no. 196/2003, as subsequently amended, in the event of the User’s death, the aforementioned rights relating to his personal data may be exercised by those who have an interest of their own, or act to protect the Data subject as his agent, or for family reasons worthy of protection. The User may expressly prohibit the exercise of some of the rights listed above by the assignees by sending a written declaration to Laika to the e-mail address indicated above. The declaration may be revoked or amended later in the same manner.
This privacy information notice might be subsequently updated or integrated, also as a result of legislative amendments/integrations. Changes will be notified in advance and in any case Users will be able to review the updated version of the Privacy Notice on the Site.