Consulcesi Sa, headquartered at via Giuseppe Motta 6, 6828 Balerna (CH), (hereinafter “Consulcesi” or the “Data Controller”) is constantly striving to protect the online privacy of its users. This document has been prepared in accordance with Article 13 of the EU Regulation 2016/679 (hereinafter: “Regulation”) in order to allow you to learn about our privacy policy, to understand how your personal information is handled when you use our website (hereinafter also the “Site”) and, where applicable, to give your express and informed consent to the processing of your personal data. The information and data provided by you or otherwise acquired in the context of using the services of the Site will be processed in accordance with the provisions of the Regulations and the obligations of confidentiality that inspire Consulcesi’s activity.

According to the provisions of the Regulations, the processing carried out by the Data Controller will be based on the principles of lawfulness, fairness, transparency, purpose limitation and storage, data minimization, accuracy, integrity and confidentiality.

INDEX

1. Data Controller, DPO and representative
2. Personal data subject to processing
   1. Browsing data
   2. Special categories of personal data
   3. Data voluntarily provided by the data subject
   4. Cookies
3. Purposes of the processing
4. Legal basis and mandatory or optional nature of processing
5. Recipients of personal data
6. Transfers of personal data
7. Retention of personal data
8. Rights of the data subject
9. Changes

1. Data Controller, DPO and representative
   The Data Controller of the processing carried out through the Site is Consulcesi SA as defined above, who can be reached at the address: via Giuseppe Motta 6, 6828 Balerna (CH) or at the e-mail address: privacy@consulcesi.ch.

   The Data Protection Officer (“DPO”) can be contacted at the following email address: dpo@consulcesi.ch.

   The Data Controller’s representative for the European territory is Homnya S.r.l., via della Stelletta 23, 00186 Rome; email: eu-representative@homnya.com.

2. Personal data subject to processing
   As a result of browsing the Site, we inform you that the Data Controller will process your personal data, which may consist of an identifier such as your name, an identification number, an online identifier or to one or more characteristic elements of your physical, economic, cultural or social identity capable of making you identified or identifiable (hereinafter also, only, “Personal Data”).The Personal Data processed through the Site are as follows:
   1. Navigation Data
      The computer systems and software procedures used to operate the Site acquire, during their normal operation, some Personal Data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified interested parties, but by its very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes the IP addresses or domain names of the computers used by users who connect to the Site, the URI (Uniform Resource Identifier) notation addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the user’s operating system and computer environment. These data are used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning, to identify anomalies and/or abuses, and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the Site or third parties.
   2. special categories of personal data
      In the use of some sections of the Site, there may be a conferment of your Personal Data falling within the group of special categories of personal data referred to in art. 9 of the Regulations, verbatim the “[…] data capable of revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as processing of genetic data, biometric data intended to uniquely identify a natural person, data relating to the health or sexual life or sexual orientation of the person.” In the event, we urge you to disclose such data only where necessary. In fact, we remind you that in the face of the transmission of special categories of Personal Data, but in the absence of specific manifestation of consent to process such data, Consulcesi cannot be held responsible for any reason, nor can it receive any disputes whatsoever, since in such a case the processing will be permitted insofar as it relates to data manifestly made public by the data subject, in accordance with Article 9.2.e) of the Regulations. However, we specify the importance, as noted above – of manifesting explicit consent to the processing of special categories of personal data, should you decide to share such information.
   3. Data voluntarily provided by the data subject
      In the use of some services of the Site, there may occur a processing of Personal Data of third parties sent by you to Consulcesi. With respect to such hypotheses, You stand as autonomous data controller, assuming all the obligations and responsibilities of law. In this sense, it confers on this point the widest indemnity with respect to any dispute, claim, request for compensation for damages from processing, etc. that may be received by Consulcesi from third parties whose Personal Data have been processed through your use of the functions of the Site in violation of the applicable data protection regulations. In any event, should you provide or otherwise process Personal Data of third parties in the use of the Site, you warrant as of now – assuming all related liability – that this particular case of processing is based on an appropriate legal basis under Article 6 of the Regulations that legitimizes the processing of the information in question.
   4. Cookies
      In detail, the cookies present on the Site are indicated at the following link: https://www.consulcesigroup.com/en/cookie-policy/.

3. Purpose of Data Processing
   The data processing we intend to carry out has the following purposes:
   1. to allow the provision of the services requested by you;
   2. to respond to requests for support or information;
   3. to fulfill any legal, accounting, and tax obligations;
   4. to protect Consulcesi’s interests and rights in judicial and/or extrajudicial proceedings, including by monitoring how the Website is used in order to prevent or detect any abuse or fraudulent activity.

4. Legal Basis and Mandatory or Optional Nature of the Processing
   The legal basis for the processing of Personal Data for the purposes referred to in section 3 (a-b) is Article 6.1(b) of the Regulation, as the processing is necessary for the provision of services or to respond to the data subject’s requests. Providing personal data for these purposes is optional, but failure to provide such data would make it impossible to activate the services provided by the Website and respond to requests for support and/or information.

   The purpose referred to in section 3.c constitutes a necessary processing of Personal Data under Article 6.1(c) of the Regulation. Once Personal Data has been provided, the processing is necessary to comply with a legal obligation to which Consulcesi is subject.

   The purpose referred to in section 3.d is based on the pursuit of a legitimate interest of Consulcesi under Article 6.1(f) of the Regulation, namely, to prevent and/or detect any fraudulent activities or abuse in the use of the Website, and to allow Consulcesi to protect its rights and interests in judicial and/or extrajudicial proceedings.

   Where necessary, specific and concise privacy notices and consent requests will be progressively displayed or made available on the Website pages prepared for particular services.

5. Recipients of Personal Data
   Your Personal Data may be shared, for the purposes referred to in section 3 above, with:
   1. parties typically acting as data processors pursuant to Article 28 of the Regulation, namely: i) individuals, companies, or professional firms providing assistance and consultancy to the Data Controller in accounting, administrative, legal, tax, or financial matters; ii) parties with whom it is necessary to interact for the provision of services (e.g., hosting providers); iii) parties delegated to carry out technical maintenance (including maintenance of network equipment and electronic communication networks); (collectively, “Recipients”). The list of data processors may be requested from the Data Controller by writing to: privacy@consulcesi.ch;
   2. entities, bodies, or authorities, acting as independent data controllers, to whom it is mandatory to disclose your Personal Data by law or by order of the authorities;
   3. persons authorized by Consulcesi to process Personal Data pursuant to Article 29 of the Regulation and who are committed to confidentiality or have an appropriate legal obligation of confidentiality (e.g., Consulcesi employees).

6. Transfer of Personal Data
   Regarding the potential transfer of data to third countries, the Data Controller informs that such processing will take place in accordance with one of the methods permitted by the applicable law, such as: the adoption of Standard Contractual Clauses approved by the European Commission, the selection of entities adhering to international data transfer frameworks or operating in countries considered safe by the European Commission. More information is available upon request from the Data Controller at the above contact details.

7. Data Retention
   Personal Data processed for the purposes referred to in section 3 (a-b) will be retained for the time strictly necessary to provide the services offered on the Website, in accordance with the principles of data minimization and storage limitation pursuant to Article 5.1(e) of the Regulation. Personal Data processed for the purpose referred to in section 3.c will be retained by Consulcesi for the period required by specific legal obligations or applicable law.

   Personal Data processed for the purpose referred to in section 3.d will be retained by Consulcesi for the time strictly necessary for the stated purpose, and therefore until Consulcesi is required to keep them to defend itself in court or communicate such data to competent Authorities.

   In any case, Consulcesi will process Personal Data for the time necessary to fulfill contractual and legal obligations.
   More information regarding the data retention period and the criteria used to determine such period can be requested by writing to the Data Controller at: privacy@consulcesi.ch.

8. Data Subject’s Rights
   Pursuant to Articles 15 et seq. of the Regulation, you have the right to request, at any time, access to your Personal Data, their rectification or erasure, restriction of processing in the cases provided for by Article 18 of the Regulation, and to obtain the data concerning you in a structured, commonly used, and machine-readable format in the cases provided for by Article 20 of the Regulation.

   At any time, you may withdraw, pursuant to Article 7 of the Regulation, the consent you have given, and lodge a complaint with the competent supervisory authority pursuant to Article 77 of the Regulation or seek judicial remedy if you believe that the processing of your Personal Data is contrary to the applicable law.

   You may also object to the processing of your data pursuant to Article 21 of the Regulation, providing reasons related to your situation. The Data Controller reserves the right to assess the request, which would not be accepted if there are compelling legitimate grounds for processing that override your interests, rights, and freedoms.

   Requests should be sent in writing to the Data Controller at the e-mail address: privacy@consulcesi.ch.

9. Changes
   The Data Controller reserves the right to amend or simply update the content of this privacy policy, in whole or in part, also due to changes in applicable laws. You will be informed of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Website. Consulcesi therefore invites you to regularly visit this section to be aware of the most recent and updated version of the privacy policy, so as to always be informed about the data collected and their use by the Data Controller.