PRIVACY POLICY  

PURSUANT TO ART. 13 OF REGULATION (EU) 2016/679 

This privacy policy illustrates, in full transparency, the conditions, persons responsible, methods and purposes of the processing of personal data collected by Magni TH. 

Such processing is carried out in respect of the rules imposed to protect the rights and fundamental freedoms of natural persons by Regulation (EU) 2016/679 (hereafter “GDPR”). 

In accordance with Art. 13 GDPR, we inform you of the following. 

DATA CONTROLLER AND DATA PROTECTION OFFICER 

The Data Controller is Magni Telescopic Handlers srl, with registered office in Castelfranco Emilia (Modena), at Via Magellano no. 22, in the person of its Chairman of the Board of Directors and acting legal representative Mr Riccardo Magni.  

The Data Protection Officer is Polo Digitale Srl, based in Reggio Emilia (Italy) at via Napoli no. 30, contactable at the email address privacy@ilpolodigitale.com 

PERSONAL DATA PROCESSED AND PROCESSING PURPOSES  

1. A) In accordance with what is established by Art. 6, first paragraph, letters b) and c) of the GDPR, Magni TH may obtain and process all personal data whose collection is necessary for the following purposes:

• conclusion and/or performance of contracts for products and services of Magni TH, for which the communication of the data in question is an essential condition; 
•  fulfilment of pre-contractual obligations required to conclude and/or perform a contract; 
• fulfilment of regulatory, legislative and fiscal obligations deriving from relationships with you and/or from an order of the Data Protection Supervisory Authority; 
• protection of the rights of Magni TH arising from the signed contract; 
• archiving. 

Magni TH - in respect of the principle of “data minimisation” pursuant to Art. 5, first paragraph, letter c) of the GDPR - undertakes to collect and process only those data that are strictly necessary with respect to the processing purposes and in any case within the limits and under the conditions imposed by Art. 9 of the GDPR. 

1. B) Magni TH may request authorisation from you to process the following personal data for marketing purposes:

• name and surname and/or company name; 
• address of your residence or domicile/registered office; 
• landline and/or mobile telephone number; 

• e-mail address; 
• fax number. 

In accordance with Art. 6, first paragraph, letter a) of the GDPR, Magni TH may process these data lawfully only if you provide consent - entirely optional - to their use for the following purposes:  

• to send you commercial communications and/or advertising material on products and services offered by Magni TH; 
• to carry out surveys aimed at identifying the level of satisfaction with the quality of the services and products offered by Magni TH; 

• to assess job offers and/or internships and respective CVs sent to Magni TH; 
• to assess sponsorship and collaboration requests; 
• to carry out statistical analyses and market research. 

1. C) Magni TH acquires automatically and processes the technical data implicitly provided by the browsing instruments used to visit this website, such as: domain name of your internet provider, type of browser used by you and your operating system.

DATA PROFILING 

No decision relating to the activities described in the section “Personal Data Processed and Processing Purposes” that is likely to affect you or to produce effects that fall within your legal and personal sphere may be adopted based solely on the automatic collection and automated processing of data, as the consent of the data subject is required in these cases. 

DATA STORAGE 

Your personal data will be stored in archives, both paper and electronic, by methods suitable to meet the purposes of processing indicated in the section “Personal Data Processed and Processing Purposes”. 

The data collected by Magni TH to conclude and perform a contract will be processed for the period of duration of that contract, while the data used by Magni TH for marketing purposes will be processed for a period of 60 months from the provision of your consent, subject to your right to withdraw consent at any time. 

In both cases, the data will be stored for a longer and subsequent period of time, envisaged by law, to allow the parties to invoke the rights arising from the legal relationship and until the expiry of the limitation period of the same, as well as to allow Magni TH, in the capacity of data controller, to fulfil tax and/or regulatory obligations within the time limits imposed by law.  

Once such periods have elapsed, your data will be erased, except where it must be stored for additional purposes imposed by specific regulatory provisions. 

DATA DISCLOSURE 

If necessary, Magni TH will disclose your personal data to: 

• banks and insurance institutions, lawyers, accountants and consultants, so that they may provide performances functional to the purposes indicated above; 
• judicial or administrative authorities and entities that process data for the fulfilment of specific legal obligations. 

DATA TRANSFER 

Magni TH undertakes not to transfer the personal data to third countries or international organisations, but reserves the right to use them in cloud services. In that case, Magni TH will be careful to select a provider of those services in possession of the safeguards required by Art. 46 of the GDPR. 

RIGHTS OF THE DATA SUBJECT 

The rights granted by the GDPR to the data subject, and thus to the owner of the data, include: 

• the right to request from the professional access to the personal data and information regarding the same; 

• the right to request from the professional the rectification of inaccurate data and the completion of incomplete data; 
• the right to obtain the erasure of personal data upon the occurrence of one of the conditions indicated in paragraph 1 of Art. 17 of the GDPR, and thus: 

1. if the data are no longer necessary for the purposes for which they were collected; 

1. if the data subject withdraws consent on which the processing is based in relation to one or more specific purposes, even in cases where the processing concerned data revealing sensitive information illustrated by Art. 9 of the GDPR, in the absence of Community and domestic regulations that prohibit the withdrawal of consent in such cases; 

1. in the cases and under the conditions contemplated by Art. 21, paragraph 1 of the GDPR, and thus when the data subject exercises the right to object to the processing of personal data, where the particular situation means the interests and fundamental freedoms of the data subject override the requirements contemplated by Art. 6, paragraph 2, letters e) and f), and thus, respectively, where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, and where it is necessary for the purposes of the legitimate interests pursued by the controller; 

1. in the case of processing of personal data for purposes of direct marketing, in accordance with Art. 21, paragraph 2 of the GDPR; 

1. in the case of illegal collection of data; 

1. where it is necessary to erase the personal data in respect of an obligation imposed by Community or domestic regulations; 

1. where the data were collected in relation to the offer of information society services indicated in Art. 8, paragraph 1 of the GDPR. 

That right may be exercised in the aforementioned cases only under the conditions imposed by paragraph 3 of that article and thus: 

1. the processing is not necessary for the exercise of the right to freedom of expression and information; 

1. the processing is not necessary for compliance with a legal obligation or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; 

1. the processing is not necessary for reasons of public interest in the area of public health in accordance with Art. 9, paragraph 2, letters h) and i) of the GDPR and Art. 9, paragraph 3 of the GDPR; 

1. the processing is not necessary for archiving purposes, scientific or historical research purposes or statistical purposes in accordance with Art. 89, paragraph 1 of the GDPR; 

1. the processing is not necessary for the establishment, exercise or defence of legal claims; 

•  the right to obtain the restriction of processing in the circumstances and by the methods listed in Art. 18, paragraph 1 of the GDPR, and thus:  
• if the accuracy of the personal data is contested; 
• if the processing is unlawful; 
• if the data are required by the data subject for the establishment, exercise or defence of legal claims; 
• in the cases and under the conditions contemplated by Art. 21 paragraph 1 of the GDPR, and thus if the data subject exercises the right to object to the processing of personal data, where the particular situation means the interests and fundamental freedoms of the data subject override the requirements contemplated by Art. 6, paragraph 2, letters e) and f), and thus, respectively, the need to perform a task carried out in the public interest or in the exercise of official authority vested in the controller, and the need for the controller to acquire and process personal data for the pursuit of its legitimate interest; 

• the right to request and obtain the personal data from the professional in a structured and machine-readable format, also in order to communicate those data to another controller, in all cases where the legal basis of processing is a contract or consent and the same is carried out with automated means; 
• the right to object at any time to the data processing; 
• the right to withdraw consent at any time in all cases where the processing concerns common personal data - such as date and place of birth or place of residence - or special types of data, such as data revealing racial origin, political opinions, religious beliefs, state of health and sex life. Processing based upon consent provided prior to the withdrawal of the same remains lawful; 
• the right to lodge a complaint with the Data Protection Supervisory Authority.