Privacy Policy

Policy to the data subject concerning the processing of personal data pursuant to Articles 13 and 14 of EU Regulation 2016/679

As Data controller, B.M.C. S.r.l. collects and processes personal data relating to natural persons, including customers. Data privacy and protection are important to B.M.C. S.r.l., which hereby informs you how your personal data may be processed in accordance with EU Regulation 2016/679 (General Data Protection Regulation, hereinafter also referred to as "GDPR").

This privacy policy applies to the processing of the personal data of: our customers, understood as persons who have entered into a contractual relationship with B.M.C. S.r.l. or who are in the process of establishing one, all those who are connected to our customers or their guarantors (e.g. legal representatives, directors, partners, proxies or signatories) in various capacities, and/or those whose personal data have been provided to us by other parties in the course of a contract or in execution of a contract.

  1. Data controller

The Data Controller is B.M.C. S.r.l., having its registered office in Via Roslè n.115/A, 40059 Medicina (BO), Tel. (+39) 051 6971511, e-mail info@bmcairfilters.com, PEC bmc.srl@pec.itin the person of its legal representative pro tempore (hereinafter also "Controller").

  1. Type of personal data processed, Purpose and Legal Basis of the processing

The GDPR defines personal data as "any information relating to an identified or identifiable natural person (data subject)" and processing as "any operation or set of operations which is performed upon personal data or sets of 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 otherwise making available, alignment or combination, restriction, erasure and destruction".

The following categories of personal data, received from the person concerned or, indirectly, from third parties or publicly accessible sources (e.g. the Chamber of Commerce and Professional Associations), are processed by the undersigned:

  1. identification and personal data, such as first name, surname, company name, tax code, residence/ domicile, tax domicile, corresponding address, gender, nationality, and identification document data;
  2. contact data, such as landline or mobile phone number, e-mail address and certified e-mail address;
  3. financial, economic, asset, credit data;

This personal data is necessary for the establishment, conclusion and proper performance of the contract concluded with B.M.C. S.r.l. and to fulfil the relevant legal obligations.

Refusal to provide data will result in the impossibility of executing the contract and/or fulfilling the legal obligations associated with it.

By law, every personal data processing operation must have a legal basis. We process your personal data on the following legal bases and for the following purposes.

LEGAL BASIS

PURPOSE

Contract and pre-contractual measures 

Art. 6(1)(b) GDPR

To manage activities relating to the proper conclusion and execution of contractual relationships, the proper fulfilment of contractual conditions or pre-contractual measures;

Legal Obligation

Art. 6(1)(c) GDPR

To fulfil legal obligations under national and/or European Union law, relating to administrative, accounting, tax and civil law obligations; 

Legitimate interest

Art. 6(1)(f) GDPR

To pursue legitimate interests, which are shown to be lawful, concrete and specific.

To execute the contract, including: IT system management, payment control, shipment management and complaint management, updating of customer records; to provide assistance and customer care.

Legitimate interest

Art. 6(1)(f) GDPR

The direct sale of its own products or services:

The e-mail address may be used to send information communications on the automotive sector and on new services/products similar to those previously purchased.

You may object to this processing at any time easily and free of charge.

  1. Processing methods and data retention period

The processing of your personal data shall be carried out in accordance with the principles of fairness, lawfulness and transparency and may be carried out with or without the aid of electronic or automated means, and shall include the operations or set of operations necessary for the processing in question, operations indicated in Article 4, no. 2 GDPR 2016/679 and specifically: collection and recording, organisation, storage, consultation, use, deletion and distribution of data.

The personal data you provide will be recorded, processed and stored in our archives and in the software house servers, in hard copy and electronically, in compliance with the appropriate technical and organisational measures.

Your data will be kept for the duration of the existing contract and no longer than ten years from the termination of the contract. Data strictly necessary for tax and accounting purposes will be kept for a period of ten years as required by the relevant regulations once the purpose for which they were collected no longer applies. 

  1. Data recipients

Personal data relating to the processing in question will be communicated, if necessary or if functional for the management of the contractual relationship, to the following subjects: employees and collaborators of B.M.C. S.r.l. in various capacities for the aforementioned purposes and company suppliers; with regard to the management of IT systems and activities of a commercial nature, to suppliers of software, hardware and maintenance of information systems, as well as to legal or tax consultants to whom the company may rely on for the resolution of any disputes or for the protection of its rights; entities, professionals, companies or other structures entrusted by us with processing connected with the fulfilment of administrative, accounting and management obligations associated with the ordinary course of our business, also for debt collection purposes; transport and shipping companies which carry out activities necessary for the provision of services on our behalf; financial administration (Revenue Agency); Public or Judicial Authorities in accordance with the law.

Where required by law, these recipients will be designated as authorised processors or controllers by contract or other legal act.

  1. Data Transfer

Please note that all data collected will not be transferred to a country or international organisation outside the European Economic Area.

If the processing involves the transfer of personal data to a country outside the European Economic Area because it is necessary for the performance of a contract in favour of the data subject or in order to establish, exercise or defend a right in court, it will be carried out in accordance with Articles 44 et seq. of EU Regulation 679/2016. 

  1. Rights of the data subject

As a data subject, you are entitled to the rights set out in Article 15 et seq. of Regulation (EU) 2016/679:

  • right of access (Art. 15), i.e. to know whether or not personal data concerning you is being processed and the right to obtain access to them;
  • right of rectification (Art. 16), i.e. the right to have inaccurate personal data concerning you rectified without undue delay;
  • right to erasure (Art. 17), i.e. the right to obtain the deletion of personal data concerning you without undue delay;
  • right to restriction of processing (Art. 18), i.e. the right to obtain restriction of the processing of your data;
  • right to object (Art. 21), i.e. the right to object to the processing of your personal data at any time;
  • right to data portability (Art. 20), i.e. the right to receive your personal data in a structured, commonly used and machine-readable format and the right to transmit such data to another data controller;
  • right not to be subjected to a decision based solely on automated processing.

The Interested Party may, at any time and provided the conditions are met, exercise the rights provided for in Articles 15 et seq. of European Regulation (EU) 2016/679 by means of a written request sent to B.M.C. S.r.l., having its registered office in Via Roslè n.115/A, 40059 Medicina (BO); or by sending an e-mail to info@bmcairfilters.com.

  1. Complaints

The data subject has the right to lodge a complaint with the supervisory authority and may appeal to the Data Protection Authority in accordance with the procedures set out at www.garanteprivacy.it

Medicina, 20/03/2024

B.M.C. S.r.l.

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