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View Privacy Information (article 13, legislative decree no. 196/2003)

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Privacy

NOTE. THIS IS A COURTESY TRANSLATION OF THE "INFORMATION PROVIDED UNDER ARTICLE 13 OF LEGISLATIVE DECREE NO. 196 OF 30.6.2003 ("PRIVACY CODE")".
IN CASE OF DIFFERENCES BETWEEN THE ITALIAN ORIGINAL AND THIS ENGLISH COURTESY TRANSLATION, THE ITALIAN ORIGINAL SHALL PREVAIL.

Information under article 13 of Legislative Decree no. 196 of 30.6.2003 ("Privacy Code").

Below you will find the information prescribed by article 13 of the Privacy Code as regards the personal data of the users of the website named www.mymatchrace.net, conceived and managed by MyMatchRace s.r.l., that hosts a technological platform through which certain thematic services dedicated to the regattas among sailing boats are offered ("MyMatchRace").

It is to be noted that some services are usable also by the users who access MyMatchRace without registering and therefore without creating their own account. By way of example such users may consult the regatta Calendars and the regatta Results and view images, video, audio or textual files present in the public sections of MyMatchRace.

Other services are reserved to and only accessible by those who register on MyMatchRace creating their own account. Among such services, by way of example, the services of Crew Formation "Crew Search/Opening" and of digital Storage of documents in private spaces reserved to the single user, including by means of the tool named Sailing Race Logbook.

1. Data controller (Titolare del Trattamento).

The data controller for the processing of personal data is MyMatchRace s.r.l., with registered offices in Vicolo Santa Maria Valle 4, 20123 Milan, VAT/Tax Code no. 09849510962, registered to the Milan Register of Enterprises under no. MI - 2118033 (the "Company"), e-mail privacy@mymatchrace.it.

2. Purposes of the processing.

According to article 4, paragraph 1, letter b) of the Privacy Code, "personal data" is "any information relating to an individual, identified or identifiable, even indirectly, by reference to any other information, including a personal identification number".

The personal data provided by the users will be processed for the following purposes:

  1. to allow users to register on MyMatchRace creating their own account;
  2. to allow users to use all services offered by MyMatchRace and by the platform therein hosted, including the services reserved to the sole registered users which include – in particular – the service Crew Formation "Crew Search/Opening" and the "Rating" function, which is an essential part thereof;
  3. to carry out all the activities necessary or in any way related to the provision of services through MyMatchRace and the platform hosted therein;
  4. for administrative-accounting purposes;
  5. to conduct analyses and study activities of the personal data information provided by the users, their habits and behaviors with respect to the product area in which MyMatchRace operates (i.e. regattas among sailing boats, boating in general) (so called "profiling");
  6. to send informative and promotional communications, including a possible newsletter;
  7. for compliance with the obligations provided for by the laws, regulations and set of rules, both domestic and EU, as well as by the orders issued by authorities legitimated by law or by surveillance and control entities.

3. Navigation data.

It is to be noted that it is possible to access MyMatchRace and the platform hosted therein to use the general thematic services that are not reserved to registered users, without needing to confer any personal data. It is however to be noted that within their regular operation, the IT systems and software responsible for the operation of MyMatchRace and of the platform hosted therein acquire certain personal data the transmission of which is implied in the usage of internet communication protocols.
Such information is not collected to be associated to certain identified subjects but, even due to its nature, it could allow for the identification of the user through elaborations or associations. This category includes the IP addresses or the computer domain names used by users accessing MyMatchRace, addresses in url notation of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, etc.. These data are used to obtain anonymous statistical information on the usage of MyMatchRace (such as, in particular, the number of accesses) and to monitor its correct operation. In this proceeding, the processing of directly identifying data is not foreseen. The navigation data are acquired, with the modalities described, only by the Company.

4. Granting of data and consequences in case of non-consent to the processing.

The granting of data for the purposes indicated in letters (a) (b) (c) and (d) of the preceding paragraph 2 is discretional. However, since the processing of such data is necessary to consent the registration of the user interested in MyMatchRace and to the platform hosted therein, and the provision of the services reserved to registered users, including the service Crew Formation "Crew Search/Opening", the possible refusal of the interested user to grant the relevant data and to consent to the relating processing for the indicated purposes will result in the user being unable to complete the Registration on MyMatchRace and to participate in, and use, the services reserved to the registered users.

The granting of data for the purposes of letters (e) ("profiling") and (f) ("newsletter and marketing") of the paragraph 2 above is optional. The consent to the data processing for each of said purposes may be expressed by selecting the specific boxes on MyMatchRace. The lack of consent will not result in any consequence regarding the possibility to register on MyMatchRace and will exclusively result in the following consequences:

  • the lack of consent to the processing of personal data for the purposes indicated in the preceding paragraph 2, letter (e) ("profiling") will mean it will be impossible to to execute the activities of analyses and study therein indicated;
  • the lack of consent to the processing of personal data for the purposes indicated in the preceding paragraph 2, letter (f) ("newsletter and marketing") will mean it will be impossible to receive any informative and promotional communications, including the possible "newsletter".

With reference to the granting of personal data for the purposes indicated in the preceding letter (g), paragraph 2, the consent of the relevant user is not requested.

To this aim the contents of article 24 of the Privacy Code is herein referred to, according to which

"1. Consent shall not be required in the cases referred to in Part II as well as if any of the following conditions apply:
  • the processing is necessary to comply with an obligation imposed by a law, regulations or Community legislation;
  • the processing is necessary for the performance of obligations resulting from a contract to which the data subject is a party, or else in order to comply with specific requests made by the data subject prior to entering into a contract;
  • the processing concerns data taken from public registers, lists, documents or records that are publicly available, without prejudice to the limitations and modalities laid down by laws, regulations and Community legislation with regard to their disclosure and publicity;
  • the processing concerns data relating to economic activities that are processed in compliance with the legislation in force as applying to business and industrial secrecy;
  • the processing is necessary to safeguard life or bodily integrity of a third party. If this purpose concerns the data subject and the latter cannot give his/her consent because (s)he is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the data subject, or else by a next of kin, a family member, a person cohabiting with the data subject or, failing these, the manager of the institution where the data subject is hosted. Section 82(2) shall apply;
  • the processing is necessary for carrying out the investigations by defense counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary for said purpose by complying with the legislation in force concerning business and industrial secrecy, dissemination of the data being ruled out;
  • the processing is necessary to pursue a legitimate interest of either the data controller or a third party recipient in the cases specified by the Garante on the basis of the principles set out under the law, unless said interest is overridden by the data subject’s rights and fundamental freedoms, dignity or legitimate interests, dissemination of the data being ruled out;
  • the processing is carried out by no-profit associations, bodies or organizations, whether recognized or not, except for external communication and dissemination, with regard either to entities having regular contacts with them or to members in order to achieve specific, lawful purposes as set out in the relevant memoranda, articles of association or collective agreements, whereby the mechanisms of utilization are laid down expressly in a resolution that is notified to data subjects with the information notice provided for by Section 13;
  • the processing is necessary exclusively for scientific and statistical purposes in compliance with the respective codes of professional practice referred to in Annex A), or else exclusively for historical purposes in connection either with private archives that have been declared to be of considerable historical interest pursuant to Section 6(2) of legislative decree no. 490 of 29 October 1999, adopting the consolidated statute on cultural and environmental heritage, or with other private archives pursuant to the provisions made in the relevant codes;
  • the processing concerns information contained in the CVs as per Section 13(5-bis);
  • the processing concerns communication of data between companies, bodies and/or associations and parent, subsidiary and/or related companies pursuant to Section 2359 of the Civil Code, or between the former and jointly controlled companies, or between consortiums, corporate networks and/or corporate joint ventures and the respective members, except for dissemination and subject to Section 130 hereof, for the administrative and accounting purposes specified in Section 34(1-ter) hereof, providing such purposes are expressly referred to in a decision that shall be disclosed to data subjects jointly with the information notice referred to in Section 13 hereof.

5. Data processing methods.

The processing of data will be executed mostly with the support of electronic or automated tools, according to the methods and with suitable means to guarantee the security and confidentiality of the data, in compliance with the provisions of the Privacy Code. In particular, all technical, IT, organizational, logistical and procedural security measures will be taken, so that the minimum level of data protection provided by law is guaranteed, allowing access only to any persons possibly requested of the processing by the Data controller or by the data processors possibly designated by it.

6. Scope of communication of the data.

The personal data provided by the user for the purposes described in point 2 above, may be brought to the knowledge of, or communicated to, the following subjects:

  1. consultants in charge of the installation, maintenance, update and, in general, of the management of the hardware and software of MyMatchRace and of the platform hosted therein;
  2. to all the public and/or private entities, individuals and/or legal persons (legal, administrative and tax consultancy firms), if the communication proves to be necessary or functional to the correct fulfillment of the obligations established by laws, regulations and by set of rules, national and/or EU, as well as by provisions issued by authorities authorized to do so by the law or by supervisory and control bodies, as well as to the correct fulfillment of the contractual obligations undertaken in relation to the services provided through MyMatchRace and the platform hosted therein;
  3. to all the subjects (including the Public Authorities) who have access to the data under regulatory or administrative provisions.

The updated list of the data controllers and of the data processors will be available for consultation at the Data Controller's legal office.

7. Data retention.

The personal data will be kept only for the time necessary to guarantee the proper performance of the services offered by MyMatchRace and the platform hosted therein. In the event of closure of the MyMatchRace account at the user's initiative, the data contained in it will be kept for administrative purposes for a period not exceeding one semester, without prejudice to any specific legal obligations on the conservation of accounting documentation or for public security purposes.

8. Right to access personal data.

Pursuant to art. 7 of the Privacy Code:

  1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of whether the data has already been recorded, and communication of such data in intelligible form.
  2. A data subject shall have the right to be informed:
    1. of the source of the personal data;
    2. of the purposes and methods of the data processing;
    3. of the logic applied to the processing, if it is carried out through electronic tools;
    4. of the identification data concerning the data controller, the data processors and the representative designated as per Section 5(2);
    5. of the entities or categories of entities to whom the personal data may be communicated and who may get to know said data in their capacity as designated representative(s) in the Italian Country’s territory, data processor(s) or person(s) in charge of the processing.
  3. A data subject shall have the following rights:
    1. to obtain updating, rectification or, if he/she so wishes, integration of the data;
    2. to obtain removal, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
    3. to obtain certification to the effect that the operations as per letters a) and b) have been notified, also as relates to their content, 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:
    1. on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
    2. 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.

The rights listed above may be invoked by contacting the Data Controller through the contact details provided under section 1 of this Privacy Information.

 

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