Privacy

INFORMATION ON THE PROCESSING OF PERSONAL DATA pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR)

Premise

This information is provided for the site “ https://www.otticagargiulo.com/ ” (Site) owned by OTTICA GARGIULO, with headquarters in Via Colombo, 60 Caserta – 81100, with VAT number 06832851213 (Data Controller), as Data Controller pursuant to the GDPR.

Purchases on the Site

Upon your provision, your personal data will be processed to allow you to make purchases on the Site.

Registration

The information and data requested in the event of registration will be used to allow you to access the reserved area of ​​the Site and to use the online services offered by the Data Controller to registered users.

Marketing

With your prior consent, the Data Controller may process the personal data provided by you in order to send you advertising material and/or newsletters relating to its own or third-party products and/or services.

Profiling

Subject to your consent, the Data Controller may process your personal data for profiling purposes, i.e. for the analysis of your consumer choices by revealing the type and frequency of purchases made by you, in order to send you advertising material and/or newsletters relating to its own or third-party products and/or services of specific interest to you.

Soft spamming

The Data Controller may use, for the purposes of direct sales of products and/or services offered for sale through the Site, the email addresses provided by you in the context of a purchase on the Site, even without your consent, provided that it concerns a product and/or service similar to that which was the subject of the previous sale (so-called soft spamming). You may, however, refuse this processing at any time by communicating your opposition to the Data Controller.

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In compliance with the GDPR, we hereby intend to inform you that the Data Controller will process your personal data under the following conditions.

Art. 1. Purpose and legal basis of the processing. Mandatory or optional provision. Consequences of refusal to process.

The processing of personal data is aimed at achieving the following purposes:

1. to allow registration on the Site and access to services reserved for registered users as well as to allow compliance with obligations arising from the law or regulations in force, in particular, in the administrative, accounting, public safety fields. The legal basis of the processing is the need of the Data Controller to carry out pre-contractual measures adopted at the request of the interested party or to fulfill a legal obligation;
2. in the event of an online purchase order, to allow the conclusion of the purchase contract and the correct execution of the operations connected to the same (and, if necessary based on the sector legislation, to fulfill tax obligations). The legal basis of the processing is the obligation of the Data Controller to execute the contract with the interested party or to fulfill legal obligations;
3. limited to the email addresses provided by you in the context of a purchase through the Site, to allow the Data Controller to directly offer similar products and/or services (so-called soft spamming), unless you object to such processing in the manner provided for in this information notice. The legal basis for the processing is the legitimate interest of the Data Controller to send this type of communications. This legitimate interest may be considered equivalent to the interest of the interested party in receiving “soft-spam” communications;
4. with your prior consent, for sending newsletters and for carrying out market research, also aimed at assessing the level of user satisfaction, and sending advertising material relating to products and/or services of the Data Controller and/or third parties, by means of systems such as email, SMS (marketing purposes); with your prior consent, for the development of your commercial profile, through the detection and processing of your choices and purchasing habits, in order to monitor the level of customer satisfaction, and to send you advertising material, relating to products and/or services of the Data Controller and/or third parties, of specific interest to you, by means of systems such as email, SMS (profiling purposes). The legal basis of the processing is the consent of the interested party;
5. if the chat service is operational, allow the activation of the service, through which the user can contact and be contacted by the Data Controller, subject to his/her consent, during his/her navigation on the Site. The legal basis is the legitimate interest of the Data Controller to carry out this type of activity. This legitimate interest can be considered equivalent to the interest of the interested party in using the Site's chat service;
6. to respond to your requests through the customer care service. Providing your data is optional, but your refusal will make it impossible for the Data Controller to respond to your questions through this service. The legal basis for processing is the legitimate interest of the Data Controller to follow up on your requests. This legitimate interest is equivalent to the user's interest in receiving a response to communications sent to the Data Controller;
7. to respond to your requests by email, telephone. The provision is optional, but your refusal will make it impossible for the Data Controller to respond to your requests. The legal basis of the processing is the legitimate interest of the Data Controller to respond to the user's requests. This legitimate interest is equivalent to the user's interest in receiving a response to communications sent to the Data Controller.

The provision of data for the purposes referred to in points a) and b) is purely optional. However, since such processing is necessary to make a purchase on the Site, your refusal to provide the data in question will make it impossible to make such purchase through the Site.

Consent to the processing of your data for marketing and profiling purposes is purely optional. Failure to consent will only imply the consequences described below.

Failure to consent to the processing of data for marketing purposes will make it impossible for you to receive advertising material relating to products and/or services of the Data Controller and/or third parties, as well as the impossibility for the Data Controller to carry out market research, also aimed at evaluating the level of user satisfaction, as well as to send you newsletters.

Failure to consent to the processing of your personal data for profiling purposes will make it impossible for the Data Controller to develop your commercial profile, by recording your choices and purchasing habits, as well as to send you advertising material relating to products and/or services of the Data Controller and/or third parties, of specific interest to you.

Without prejudice to the foregoing, it is understood that the Data Controller may in any case use your personal data for the sole purpose of correctly fulfilling the obligations set forth by the laws in force and the obligations arising from the contractual relationships in place between you and the Data Controller.

We remind you that you may also object to the processing of your personal data by using the appropriate link at the bottom of any promotional email sent by the Data Controller.

Data provided as part of the “Alternative shipping address” service

On the Site you will have the opportunity to gift one or more products and/or services to a person by entering the personal data requested from time to time. You are aware that the Data Controller will retain such personal data for the time strictly necessary to document that your request has been processed. To use this service you must be able to demonstrate, if requested by the Data Controller, that you can legitimately use the personal data of your friends/contacts.

Payment card data

To make a payment using one of the payment cards offered on the Site, the user must enter the confidential data of the payment card directly on a page that will communicate via secure encryption protocol with the payment service provider (who will act as an independent data controller), without passing through the server of the Data Controller who, therefore, will not process such data in any way. The data will be acquired in encrypted format.

In compliance with the legal obligations set forth in Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that, with reference to purchases made on the Site by credit card, the data required to complete the purchase process may include the mobile phone number provided by you, or other personal data required to complete the purchase process. In fact, to allow you to complete the purchase, the payment institution responsible for managing the transaction will send you an authentication code, which you must provide during the purchase process to satisfy the authentication criteria set forth in PSD2 (Strong Customer Authentication). The processing of your personal data for these purposes has as its legal basis the fulfillment of legal obligations and does not require your consent.

With reference to payment card data, it is specified that the processing of your personal data is necessary to allow the conclusion of the online purchase contract with the Data Controller. Failure to provide this data, therefore, will not allow you to complete the online purchase process.

PayPal

On the Site, you can also purchase using the PayPal payment tool. In this case, you will be directed to a page external to the Site, where you will have to indicate the personal data requested by PayPal – which will act as an independent data controller – to complete the purchase process. The personal data will not pass through the Site's server, which will therefore not process such data in any way. The processing of your personal data is necessary to allow the conclusion of the online purchase contract with the Data Controller. Failure to provide this data, therefore, will not allow you to complete the online purchase process.

Bank transfer

If you choose bank transfer as your payment method, in the event of any reimbursement, the Data Controller will ask you for the bank details needed to arrange the payment.

Special or judicial data

The Data Controller does not process special or judicial data.

Geolocation

In case of access to the Site, you may receive a notification on your device (fixed and/or mobile) that will give you the possibility to allow or not the identification of the device itself (so-called geo-localization). You may change the geo-localization settings at any time through the settings of your device. The data relating to the location of the device will not be collected and/or stored in any way by the Data Controller. The legal basis of the processing consists in the legitimate interest of the Data Controller to provide services relevant to the user's location. This legitimate interest is equal to the user's interest in receiving services as relevant as possible to his/her location.

Art. 2. Methods of processing

The processing of your personal data will be mainly carried out with the aid of electronic or automated means, according to the methods and with the tools suitable to guarantee their security and confidentiality in compliance with the GDPR.

The information acquired and the methods of processing will be relevant and not excessive with respect to the type of services provided. The data will also be managed and protected in environments whose access is under constant control.

Art. 3. Communication and dissemination of data

Your data may be communicated:

• to all those subjects (including Public Authorities) who have access to personal data by virtue of regulatory or administrative provisions
• to companies or third parties responsible for printing, packaging, shipping and/or delivery and/or collection of products purchased through the Site
• to post offices, couriers, suppliers (e.g. drop shipping sales) or shipping agents responsible for delivering the products purchased through the Site
• to banking institutions and companies that manage national or international payment circuits through which online payments for products purchased via the Site are made
• to companies, consultants or professionals who may be responsible for the installation, maintenance, updating and, in general, management of the Data Controller's hardware and software or which the latter uses to provide its services
• to external companies responsible for sending advertising communications on behalf of the Data Controller
• to the employees and/or collaborators of the Data Controller
• to the company responsible for carrying out customer care activities
• to entities that manage online payment transactions
• to the subjects responsible for repairing damaged products or those subject to the legal guarantee of conformity
• to all those public and/or private entities, natural and/or legal persons (legal, administrative and tax consultancy firms, Judicial Offices, Chambers of Commerce, Chambers and Labor Offices, etc.), if the communication is necessary or functional to the correct fulfillment of the obligations deriving from the law.

Your data will not be disclosed, except in anonymous and aggregate form, for statistical or research purposes.

Art. 4. Data Controller

The Data Controller can be contacted at the following addresses:

GARGIULO OPTICS Via Colombo, 60 Caserta – 81100

Phone: 0823 441509

Email: otticagargiulo@gmail.com

Art. 5. Storage of personal data

The user's data will be stored only for the time necessary to guarantee the correct provision of the services offered and in any case within the terms established by the legislation or by the provisions of the Guarantor for the Protection of Personal Data.

In the event of closure of the Site account at the user's initiative, the data contained therein will be retained for administrative purposes for a period not exceeding 90 days, without prejudice to any specific legal obligations on the retention of accounting documentation or for public safety purposes.

In any case, it is understood that personal data will be stored and processed for marketing and profiling purposes for the period of time permitted by law and the provisions of the Guarantor for the Protection of Personal Data. At the end of this period, the Data Controller may ask the user to renew consent to the processing of his/her data for such purposes or make them anonymous and store them only for statistical or historical purposes.

Art. 6. Rights of the interested party

Pursuant to art. 13 of the Privacy Regulation, the Data Controller informs you that you have the right to:

• ask the Data Controller for access to your personal data and to rectify or delete them or limit the processing that concerns you or to oppose their processing, in addition to the right to data portability
• revoke consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation
• lodge a complaint with a supervisory authority (e.g. the Data Protection Authority).

The above rights may be exercised by making a request without formalities to the Data Controller at the contact details indicated above.

Art. 7. Amendments

The Data Controller reserves the right to make changes to this information at any time, giving appropriate publicity to the users of the Site and ensuring in any case adequate and similar protection of personal data. In order to view any changes, you are invited to consult this information regularly.