Dear Sir/Madam,

We wish to inform you that the European Regulation No. 2016/679 (“GDPR”) provides that the subject who processes personal data is obliged to inform the data subject (i.e. the subject to whom the data refer) about certain elements qualifying the processing, which must be carried out fairly, lawfully and transparently, protecting the confidentiality and rights of the data subject. In compliance with Art. 13 of the aforementioned Regulation, we therefore provide you with the following information.

1 GENERAL PRINCIPLES OF PROCESSING

The processing will be carried out by means of collection, registration, organisation, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction and will be carried out by the data controller, the persons responsible and the persons authorised to process the data.

The data will be processed lawfully, fairly and transparently; they will be collected for specified, explicit and legitimate purposes and processed in a way that is not incompatible with those purposes; they will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed, accurate and up-to-date will be processed with the utmost confidentiality, mainly with electronic and IT tools and stored both on IT and paper supports, and on any other suitable support, in compliance with the principles dictated by the European Regulation on the protection of personal data, with the prescriptions issued by the Supervisory Authority and in any case in such a way as to ensure adequate security, including protection, with appropriate technical and organisational measures, from unauthorised or unlawful processing or from loss, even accidental.

2 DATA CONTROLLER

The data controller is Baxi S.p.A. located in Bassano del Grappa (VI), Via Trozzetti 20 C.F.12589530158 and P.IVA 02727440246 in the person of the Legal Rapresentative.

3 RECIPIENTS OR CATEGORIES OF RECIPIENTS OF PERSONAL DATA

The personal data in the possession of the undersigned Structure shall not be subject to dissemination. They may be communicated within the Company and come to the attention of the authorised persons and data processors appointed by Baxi S.p.A. Your data may also be communicated to companies in our credit and insurance network.

4 TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

Baxi S.p.A. does not currently intend to transfer your personal data to countries outside the European Union.

In any event, should this occur, Baxi guarantees that such a transfer will take place:

    ·        to non-EU countries that the European Commission has deemed to guarantee an adequate level of protection (Art. 45 GDPR) or subject to standard contractual clauses approved by the European Commission;

    ·        any exceptions to the above may only take place in compliance with Art. 49 GDPR

5 TYPES OF PERSONAL DATA PROCESSED BY BAXI S.P.A.

5.1       PERSONAL DATA COLLECTED THROUGH THE WEB or APPs

5.1.1 WHAT DATA ARE COLLECTED

    ·        Data voluntarily provided This refers to data collected by filling in forms on websites or APPs

    ·        Navigation data When browsing Baxi websites, the name of your Internet Service Provider, the IP address from which you visit us, the pages of our site that you visit, the date and duration of the visit are stored. During normal operation, the computer systems and software procedures used to operate the websites acquire certain data, the transmission of which is implicit in the use of Internet communication protocols. This information is not collected in order to be associated with identified subjects.

5.1.2 WHEN DATA ARE COLLECTED

Your data is collected when you visit the pages of our websites and/or use the services provided through Baxi S.p.A websites and when you use our APPs. Data provided voluntarily can be collected directly through a registration procedure or by filling in request forms.

5.1.3 PURPOSE AND LEGAL BASIS OF PROCESSING

Your personal data are processed for the following purposes:

a) provide customer information and assistance services

b) provide remote control services for heating or air-conditioning equipment

c) authorise access to the service portals that BAXI makes available to its customers, service network, installers and professionals, which may include the following services:

- technical documentation services

- design and quotation services

- energy consumption reading and metering services

- support services and remote control of thermotechnical installations

d) for personnel search and selection services

e) for marketing activities on the part of Baxi S.p.A. (sending advertising material, carrying out market research and commercial communication also by means of newsletters), with the consent of the person concerned and until revocation, if any

f) inform about training events in which the subject may enrol

g) organisation of trips and promotional events.

h) loyalty programs

i) the users' personal data are processed by the Company, automatically and compulsorily, in order to allow the same navigation; in this case, the processing is carried out on the basis of a legal obligation to which Baxi S.p.A. is subject, as well as on the basis of Baxi S.p.A. legitimate interest in ensuring the proper functioning and security of the website

The respective legal bases are:

- contractual and pre-contractual for points a), b), c), d)

- explicit, optional and voluntary consent of the data subject, until revocation for points e), f), g), h)

- legal obligation and legitimate interest for point i)

5.1.4 PERSONAL DATA RETENTION PERIOD

The data collected will be stored for a period of use depending on the specific purpose.

    ·        Personal data relating to requests for information from non-registered users will be kept for the time necessary to provide the answer to the person concerned and in any case no longer than 3 months.

    ·        The personal data of users who have registered for the use of services through web portals will be stored for the period of use of the software and for 5 years thereafter, which is the time limit for lodging any legal disputes on the same. At the end of the period, the account will be disabled and personal data deleted.

    ·        Personal data provided for recruitment and selection purposes will be retained for a maximum period of 24 months from the date on which the CV is entered in the database or from the date on which it was last updated.

A longer retention period for personal data may be determined by requests made by the Public Administration or other judicial, governmental or regulatory body, or by the participation of the undersigned company in legal proceedings involving the processing of personal data provided by you.

5.1.5 COMPULSORY OR OPTIONAL NATURE OF PROVIDING DATA

The provision of data is optional. Any refusal to provide us with all or part of your personal data will make it impossible for Baxi S.p.A. to provide you with the requested services. Consent for marketing purposes is optional and failure to provide it does not affect the use of the services.

 

5.2       PERSONAL DATA OF CUSTOMERS AND SUPPLIERS

5.2.1 WHEN DATA ARE COLLECTED

Baxi S.p.A. collects personal identification data of customers and suppliers and their employees communicated in connection with the establishment and/or performance of contractual relationships with the Controller.

5.2.2 PURPOSE AND LEGAL BASIS OF PROCESSING

Your personal data are processed:

a) without the need to obtain your express consent (Art. 6(b), (e) GDPR), for the following purposes:

- fulfil pre-contractual, contractual and tax obligations arising from existing relations with you

- for the purpose of the protection of your credit rights and the best administration of our rights relating to the individual contractual relationship with you

- fulfilling obligations under the law, a regulation, EU legislation or an order of the Authority (such as anti-money laundering)

- exercise the rights of the Controller (such as the right of defence in court)

- direct sale of products or services through the e-mail address provided by the person concerned on the occasion of the previous sale, unless he/she objects

b) only with your express consent (Art. 6 and 7 GDPR), for the following purposes:

- marketing activities by Baxi S.p.A. (sending advertising material, carrying out market research and commercial communication also through newsletters)

- for internal statistical purposes of the writing company.

5.2.3 PERSONAL DATA RETENTION PERIOD

Your data will be stored for a duration of 10 years in accordance with tax regulations. The use of the aforementioned data for marketing purposes will be limited to a period of 24 months and in any case in compliance with Art. 5 letter e) of the GDPR.

A longer retention period for personal data may possibly be determined by requests from the public administration or other judicial, governmental or regulatory body, or by the participation of the undersigned company in legal proceedings involving the processing of personal data provided by you.

5.2.4 COMPULSORY OR OPTIONAL NATURE OF PROVIDING DATA

The provision of your data for the purposes referred to in point a) is compulsory. Any refusal to provide them, in whole or in part, will make it impossible for Baxi S.p.A. to conclude contracts with you and establish relations, including pre-contractual relations.

The provision of information is optional for the purposes referred to in point b) and refusal will result in the impossibility of receiving promotional information from Baxi S.p.A.

Please note that for each specific purpose listed above Baxi S.p.A. provides appropriate information and collects specific consent where necessary.

 

5.3       PERSONAL DATA OF INSTALLERS AND PROFESSIONALS WORKING IN THE HEATING AND AIR-CONDITIONING SECTOR

5.3.1 WHEN DATA ARE COLLECTED

Baxi S.p.A. collects personal data identifying installers of heating and air-conditioning products, designers of heating and air-conditioning systems, condominium administrators and other professionals working in the heating and air-conditioning sector communicated during visits, trade fairs and promotionals events organised by Baxi S.p.A. and its sales and technical network partners.

5.3.2 PURPOSE AND LEGAL BASIS OF PROCESSING

Your data is processed for the following purposes:

a) marketing activities by Baxi S.p.A. (sending advertising material, carrying out market research and commercial communication also by means of newsletters);

b) for internal statistical purposes of the writing company;

c) satisfaction survey on the quality of the products/services offered.

5.3.3 PERSONAL DATA RETENTION PERIOD

Your data will be stored for a period of 5 years. The use of this data for marketing purposes will be limited to a period of 24 months.

5.3.4 COMPULSORY OR OPTIONAL NATURE OF PROVIDING DATA

The provision of your data is optional for the purposes set out in points a, b, c and any refusal to provide your data will make it impossible for us to fulfil the relevant purposes.

It should be noted that for each specific purpose listed above Baxi S.p.A. provides appropriate information and collects specific consent where necessary.

 

5.4       PERSONAL DATA OF PERSONS WHO HAVE PURCHASED OR USE PRODUCTS OF BAXI S.P.A.

5.4.1 WHEN DATA ARE COLLECTED

The personal data of persons who have purchased or use Baxi S.p.A. products are collected by the owner or its service network partners during product commissioning, service during the warranty period, extraordinary technical intervention.

5.4.2 PURPOSE AND LEGAL BASIS OF PROCESSING

Your data are collected for the following purposes:

a) to provide you with adequate technical assistance in accordance with the conventional warranty applicable to your purchase;

b) internal statistical purposes of the writing company;

c) marketing activities by Baxi S.p.A. (sending advertising material, carrying out market research and commercial communication also through newsletters).

5.4.3 PERSONAL DATA RETENTION PERIOD

Your data will be stored for a period of 10 years. The use of this data for marketing purposes will be limited to a period of 24 months.

5.4.4 COMPULSORY OR OPTIONAL NATURE OF PROVIDING DATA

The provision of data is compulsory for the purposes set out in point a). Any refusal to provide us with your personal data, in whole or in part, will make it impossible for Baxi S.p.A. to provide the contractual guarantee. Provision is optional for the purposes referred to in points b) and c).

Please note that for each specific purpose listed above Baxi S.p.A. provides appropriate information and collects specific consent where necessary.

6 RIGHTS GRANTED TO THE DATA SUBJECT

The data subject has the right to obtain access to personal data from the data controller. In particular, the data subject has the right to obtain information on: a) the origin of the personal data; b) the purposes and methods of processing; c) the logic applied in the event of processing carried out with the aid of electronic instruments; d) updating or rectification; e) the cancellation or restriction of the processing of data concerning him/her (transformation into anonymous form, blocking of data processed in violation of the law, including data that need not to be kept in relation to the purposes for which the data were collected or subsequently processed).

The data subject has the right to withdraw consent to the processing of personal data. In any case, revocation of consent to processing shall not affect the lawfulness of processing based on the consent given before revocation.

The data subject also has the right to data portability.

You may exercise your rights at any time by sending:

    ·        a letter to Baxi S.p.A. Via Trozzetti, 20 36061 Bassano del Grappa, FAO Privacy Officer

    ·        an e-mail to privacy@baxi.it

It should be noted that Baxi S.p.A. has appointed a Personal Data Protection Manager after assessing the specialist knowledge of the provisions on the protection of personal data. The Personal Data Protection Manager monitors compliance with the regulations on the processing of personal data and provides the necessary advice. Furthermore, where necessary, the Data Protection Officer cooperates with the Data Protection Authority. The Personal Data Protection Officer (DPO), appointed by Baxi S.p.A. pursuant to Art. 37 of the Privacy Regulations, can be contacted at the company’s head office or through the e-mail address privacy@baxi.it .

7 RIGHT TO LODGE A COMPLAINT

The data subject has the right to lodge a complaint with the Supervisory Authority, represented in Italy by the Guarantor for the Protection of Personal Data, at the following coordinates: www.gpdp.it - www.garanteprivacy.it, e-mail: garante@gpdp.it, fax: (+39) 06.69677.3785, telephone switchboard: (+39) 06.69677.1.

8 EXISTENCE OF AN AUTOMATED DECISION-MAKING PROCESS

This processing does not involve automated decision-making processes.

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