Privacy Notice on the processing of personal data pursuant to Legislative Decree No. 196/03, as amended, and EU Regulation No. 679/16

In accordance with the provisions of Article 13 of EU Regulation No. 679/16 (hereinafter referred to as the “Regulation”) and Legislative Decree No. 196 of 30 June 2003 (“Personal Data Protection Code”, hereinafter referred to as the “Code”) and subsequent amendments, we wish to inform you that:

  • the personal data you have voluntarily provided to BART MEDICAL S.r.l. in the course of commercial dealings aimed at the conclusion and performance of contractual agreements, promotional activities, or otherwise collected in the course of our business in accordance with current legislative and contractual provisions, are processed in accordance with the principles of fairness,

lawfulness and transparency, whilst safeguarding your privacy and your rights in accordance with the aforementioned legislation;

for the purposes of Article 4 of the Regulation, ‘processing of personal data’ means any operation or set of operations which is carried out on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, comparison or interconnection, restriction, erasure or destruction.

In this regard, the purpose of this document is to provide you with all the useful and necessary information so that you may provide your personal data in a fully informed manner and, at any time, request and obtain clarifications and/or corrections.

If necessary, this Privacy Notice may be accompanied by a specific request for consent, as provided for in Article 7 of the Regulation, structured according to the type of use we intend to make of your personal data.

Pursuant to Article 13 of EU Regulation No. 679/16, we hereby inform you of the following:

HOW IS MY PERSONAL DATA PROCESSED AND HOW IS IT STORED?

This policy is divided into the following sections, each of which deals with a specific method of data collection, so as to make it quicker, easier and more straightforward to read:

  1. Registration on the website and online purchases;
  2. Purchases by telephone, email, fax and WhatsApp;
  3. Catalogue requests;
  4. Newsletter subscriptions;
  5. Prospective customers;
  6. Job applicants’ details.

We would like to inform you from the outset that, through this website, personal data may be collected – either directly or via third parties – such as: usage data; data provided whilst using the service; tracking tools; email addresses; payment information; number of users; session statistics; order ID; browsing history; clicks; page views; unique device identifiers for advertising – such as Google Advertiser ID or IDFA – device information; session duration; interaction events; first name; surname; telephone number; physical address; password; VAT number; company name; tax code; profession; postcode; town/city; billing address; sector of activity; house number; various types of data; answers to questions; user-generated content; message or email content; profile picture; date of the message and time it was sent; sender of the message; IP address; education; interview data; job position; employment history; contact details).

Any processing of personal data collected by the data controller or through third parties – and, in the latter case, via cookies and other tracking tools – will be carried out in full compliance with the relevant provisions in force and, in all cases, subject to the data subject’s consent having been obtained. Any use of cookies – or other tracking tools – by this Website or by the providers of third-party services used by this Website is intended to provide the Service requested by the User, in addition to the further purposes described in this document and in the Cookie Policy. To this end, for more detailed information about the tools used, please refer to the cookie policy of this website.

  1. REGISTRATION ON THE WEBSITE AND ONLINE PURCHASESPurposes of processing:

Your personal data will be processed for the following purposes:

  1. institutional purposes, connected with or instrumental to the activities of BART MEDICAL S.r.l., such as archiving, processing, invoicing and customer management;
  2. processing of payments in the case of online purchases. In such cases, the Data Controller’s website processes all payments made by credit card, bank transfer or other means via external payment service providers. In general, and unless otherwise stated, the User is redirected to the payment system provider’s page; therefore, the Data Controller does not collect or store any data relating to this; it will only receive a notification of successful payment from the payment service provider.
  3. to manage your customer profile and your business relationship with the Data Controller, and in particular to record, track and maintain a history of your orders, to enable you to view and download the relevant documents, and to allow you to benefit from personalised promotions and recommendations;
  4. to comply with legal obligations relating to civil, tax and accounting regulations, for the purposes of the administrative management of the relationship you have established with BART MEDICAL S.r.l.;
  5. to fulfil contractual obligations, provide technical support and technical information, and offer after-sales assistance;
  6. for direct marketing purposes, to communicate future commercial initiatives, announcements of new products, services and offers from BART MEDICAL S.r.l. by sending promotional material via email, WhatsApp, text message and in paper form by post.

Legal basis for processing:

The processing of the personal data you have provided is justified by the need to comply with the legal and tax obligations to which the Data Controller is subject, and by the need to perform the contract to which you are a party or to carry out pre-contractual measures taken at your request.

The provision of your personal data is therefore necessary in order to properly fulfil the contractual and legal obligations associated with the commercial relationship you have established with BART MEDICAL S.r.l.: without it, we are unable to process your purchase order.

The processing of data for direct marketing purposes is based on the data subject’s optional consent pursuant to Article 6(1)(a) of the Regulation; therefore, the data subject’s refusal to provide their data for this purpose has no effect on legal and contractual relationships already established or in the process of being established, whilst it precludes the possibility of the data subject receiving updates, promotions and other information relating to the products and services offered by BART MEDICAL S.r.l.

Data retention period:

Personal data processed in connection with the performance of the contract will be retained in accordance with legal and tax obligations (e.g. national tax or anti-fraud laws, the duration of the product warranty, etc.) which require data to be retained for a specific period of time.

With regard to personal data processed for direct marketing purposes, such data will be retained in accordance with the principle of proportionality, until the purposes of the processing have been fulfilled and, in any event, until you notify us of your wish to withdraw your consent.

In this regard, as provided for in Article 7 of the Regulation, the data subject may exercise the right to withdraw consent at any time to the processing of their personal data carried out for such purposes.

This right may be exercised independently by the data subject by accessing their profile and ticking the boxes specifically designated for giving consent for direct marketing purposes.

2. TELEPHONE PURCHASES

Purposes of processing:

Your personal data will be processed for the following purposes:

  1. institutional purposes, connected with or instrumental to the activities of BART MEDICAL S.r.l., such as archiving, processing, invoicing and customer management;
  2. to comply with legal obligations relating to civil, tax and accounting regulations, for the purposes of the administrative management of the relationship you have established with BART MEDICAL S.r.l.;
  3. to fulfil contractual obligations, provide technical support and technical information, and offer after-sales assistance;
  4. for direct marketing purposes, to communicate future commercial initiatives, announcements of new products, services and offers from BART MEDICAL S.r.l. by sending advertising material via email, WhatsApp, text message and in paper form by post.

Legal basis for processing:

The processing of the personal data you have provided is justified by the need to comply with the legal and tax obligations to which the Data Controller is subject, and by the need to perform the contract to which you are a party or to carry out pre-contractual measures taken at your request.

The provision of your personal data is therefore necessary in order to properly fulfil the contractual and legal obligations associated with the commercial relationship you have established with BART MEDICAL S.r.l.: without it, we are unable to process your purchase order.

The processing of data for direct marketing purposes is based on the data subject’s optional consent, in accordance with Article 6(1)(a) of the Regulation.

Data retention period:

Personal data processed in connection with the performance of the contract will be retained in accordance with legal and tax obligations (e.g. national tax or anti-fraud laws, the duration of the product warranty, etc.) which require data to be retained for a specific period of time.

With regard to personal data processed for direct marketing purposes, such data will be retained in accordance with the principle of proportionality until the purposes of the processing have been fulfilled and, in any event, until you notify us of your wish to withdraw the consent you have given. In such cases, as provided for in Article 7 of the Regulation, the data subject may exercise the right to withdraw consent at any time to the processing of their personal data carried out for these purposes.

3. CATALOGUE REQUEST

Purposes of processing:

Your personal data will be processed for the following purposes:

  • sending the general catalogue and monthly offers;
  • direct marketing, to communicate future commercial initiatives, announcements of new products, services and offers from BART MEDICAL S.r.l. by sending advertising material via email.

Legal basis for processing and data retention period:

The processing of the personal data you have provided is based on your freely given consent, in accordance with Article 6(1)(a) of the Regulation.

The personal data processed for the purpose of sending the catalogue and monthly offers, as well as for direct marketing, will be retained in accordance with the principle of proportionality until the aforementioned purposes of the processing have been fulfilled and, in any event, until you notify us of your wish to withdraw your consent. In such cases, as provided for in Article 7 of the Regulation, the data subject may exercise the right to withdraw consent at any time to the processing of their personal data carried out for each of these purposes.

4. NEWSLETTER SUBSCRIPTION

Purposes of processing:

Your personal data will be processed for direct marketing purposes, to inform you of future commercial initiatives, announcements of new products, services and offers from BART MEDICAL S.r.l., as well as exclusive offers tailored to you, by sending you newsletters.

Legal basis for processing and data retention period:

The processing of data for the purpose of sending the newsletter is based on the data subject’s consent. Your consent is necessary in order to provide you with the requested service; without it, we will not be able to send you the newsletters.

The newsletter service is managed using GetResponse; your email address will be stored on their servers, located in the USA and CANADA, and on the Data Controller’s backup copies. For further information on how GetResponse operates, please consult the privacy and cookies policy available on the website www.bartmedical.com.

With regard to the personal data processed for the purpose of sending the newsletter, such data will be retained in accordance with the principle of proportionality until the purposes of the processing have been fulfilled and, in any event, until you notify us of your wish to withdraw your consent. In this regard, as provided for in Article 7 of the Regulation, the data subject may exercise the right to withdraw consent at any time to the processing of personal data concerning them carried out for these purposes. Please note that, following a request to no longer receive newsletters, some of your personal information will still be retained along with your request to ensure that you are removed from the newsletter mailing list.

5. POTENTIAL CUSTOMERS

Purpose of processing:

BART MEDICAL S.r.l. processes your data to offer you products and services strictly related to your professional activity.

For this purpose, we have collected the following personal data relating to your professional activity:

  • first name, surname, email address, postal address and telephone number,
  • professional information,

obtained by consulting public registers, professional registers and directories, online yearbooks freely accessible to the public, as well as through the purchase of databases from third parties.

Legal basis for processing:

In accordance with the provisions of Article 130 of the Privacy Code, as most recently amended by Legislative Decree 101/2018, the processing of the data specified above may take place for the purpose of sending advertising material exclusively in paper form and, in any event, only to those who have not exercised their right to object.

Therefore, any marketing activity of this nature will be carried out only after verifying whether you are registered on the Opt-out Register, as established pursuant to and for the purposes of Presidential Decree No. 178 of 7 September 2010, as subsequently amended.

Data retention period:

Your data will be retained in accordance with the principle of proportionality until the purposes of the processing have been fulfilled and, in any event, until you notify us of your intention to exercise your right to object to the processing. In this regard, as provided for in Article 21 of the Regulation, the data subject may, at any time, exercise the right to object to the processing of personal data concerning them carried out for such purposes, including profiling insofar as it is related to such direct marketing.

6. DATA OF JOB APPLICANTS

Purposes of processing:

BART MEDICAL S.r.l. processes the data you have voluntarily provided by completing the forms and submitting your CV in the dedicated ‘Work with us’ section of the website for the purpose of analysing candidates’ profiles and, where appropriate, contacting them should we be interested.

Each candidate or data subject can find a full explanation of the information relating to this processing in the dedicated section of the website, available here Privacy Notice.

TO WHOM DO YOU DISCLOSE MY DATA?

Disclosure and methods of processing:

The processing will be carried out as follows:

  1. personal data is processed in such a way as to ensure adequate security and confidentiality; to this end, the data is stored in our database, protected by appropriate security measures to prevent unauthorised access to or use of personal data and the equipment used for processing;
  2. in accordance with the purposes set out above and permitted by law, your personal data may be disclosed externally within the scope of:
    • companies associated with, controlled by or affiliated to BART MEDICAL S.r.l.;
    • BART MEDICAL S.r.l.’s business partners (manufacturers, suppliers, carriers and couriers, etc.);
    • given that BART MEDICAL S.r.l. operates internationally, the data in question may be transferred abroad, within the European Union, for the performance of the contract concluded between you and BART MEDICAL S.r.l. or for the implementation of pre-contractual measures taken at the data subject’s request, all in accordance with the provisions of the law. Such data is transferred with the aid of appropriate safeguards to protect your data

WHAT ARE MY RIGHTS?

Rights of the data subject:

In any event, pursuant to Articles 15 et seq. of Chapter III “Rights of the data subject” of EU Regulation No. 679/16, as well as Article 7 of Legislative Decree 196/03 and subsequent amendments, you have the right:

  1. to obtain from the Data Controller confirmation as to whether or not personal data concerning you are being processed and, if so, to obtain access to such personal data in an intelligible form;
  2. to obtain the rectification, supplementation or erasure of personal data or the restriction of the processing of personal data concerning you;
  3. to object to the processing;
  4. to data portability, understood as the right to receive from the data controller the data in a structured, commonly used and machine-readable format, so as to transmit it to another data controller without hindrance;
  5. to withdraw consent to processing at any time, without prejudice to the lawfulness of processing based on consent given prior to withdrawal;
  6. to lodge a complaint with the supervisory authority (Data Protection Authority).

The data subject may exercise their rights at any time by contacting us via the following details: email sales@bartmedical.com – Tel. +390544523326.

Data Controller and Data Processor:

The data controller is BART MEDICAL S.r.l., Viale Vincenzo Randi No. 118, 48121 Ravenna RA, in the person of its legal representative, Dr Antonio Matera.

Contact details: Tel.: +390544523326 – Fax: +390544523326 – Email: sales@bartmedical.com.

Data Protection Officer:

The Data Protection Officer is Dr Antonio Matera (sales@bartmedical.com).