1) Data controller
The processing of collected data owned by SirmioneTaxiBoat di Pierpaolo Baccolo takes place at the company’s headquarters (legal head office).
To know your rights and be up to date on the legislation regarding the protection of people and the processing of their personal data, we recommend visiting the website of the Data Protection Authority on the website http://garanteprivacy.it/
2) What is meant by data processing
The term “processing of personal data” means their collection, recording, organization, storage, processing, modification, selection, extraction, comparison, recording, use, dissemination, cancellation, distribution, interconnection and whatever else is useful for the execution of the service, including the combination of two or more of the aforementioned operations.
3) Data Processed
SirmioneTaxiBoat di Pierpaolo Baccolo individual firm collects different types of personal data of the user/customer for the purposes described later on in this Policy, among which:
- User/customer data (such as fist name, last name, e-mail address, telephone number) provided by the user/customer by filling in forms on the Website, including the possible subscription to the newsletter and the creation of an account;
- Personal data that may be contained in communications sent by the user/customer, for example to report a problem or to send specific requests, problems or comments relating to the Website or its contents;
- Other personal data that the user/customer decides to voluntarily share with SirmioneTaxiBoat di Pierpaolo Baccolo individual firm customer support members, for example by e-mail;
- Information arising from surveys that SirmioneTaxiBoat di Pierpaolo Baccolo individual firm may decide to make over time on the Website, if the user/customer decides to answer or to participate;
- Information about how your user/customer's device interacted with the Website;
- Personal data collected from third parties, such as data that the customer agrees to share with SirmioneTaxiBoat di Pierpaolo Baccolo individual company on publicly accessible social networks (e.g. Facebook, Instagram, Google, etc.) and/or that may be collected from other publicly accessible databases. The Website also incorporates plugins for social networks (facebook, instagram, etc.. etc.) in order to allow easy sharing of content on your favorite social networks.
These are buttons for third party social websites; these websites may record information on the activities carried out by the user/client on the Internet, including the activity on the Website.
The plugins are programmed in a way that they are unable to install cookies when you access to the web page, to safeguard your privacy.
Cookies are set, if provided by the social networks, only when the user/customer makes effective and voluntary use of the plugin.
Furthermore to this, the identification data of the user/customer may be transmitted from Facebook to SirmioneTaxiBoat di Pierpaolo Baccolo individual company the user expressly agrees to link the account of SirmioneTaxiBoat di Pierpaolo Baccolo individual company with his/her Facebook account when accessing to the Website via the Facebook connect button.
The collection and use of the information obtained through the plugin and the connect button are regulated by the respective privacy policies of the social networks, to which please refer:
4) Type of data processed
The user/customer is under no obligation to provide with personal data.
However, the provision of personal data (in particular personal details, fist name, last name, e-mail address, credit/debit card numbers, bank code and telephone number) are necessary for SirmioneTaxiBoat di Pierpaolo Baccolo individual company in order to be able to process the purchase order of the products on the Website, to provide other services at the user/customer's request, or to fulfill the obligations provided by laws or regulations.
The refusal by the user/customer to provide with the necessary data to pursue the abovementioned purposes may make it impossible to process the purchase order placed for products on sale on the Website or to fulfill the obligations provided by legislative or regulatory provisions.
The failure to provide personal data may therefore constitute, in some cases, a legitimate and justified reason for not processing the order or not providing the services.
The provision of personal data other than those required for the fulfilment of legal or contractual obligations and for the correct display of services with the necessary traffic data is optional and has no effect on the use of the Website and related services or on the purchase of products.
The customer is informed at each stage whether the provision of personal data is necessary or optional by applying a symbol (*) on the information requested or on the data necessary for the purchase of products and/or for the provision of services requested on the Website.
5) Purpose of the processing and legal basis
We inform you that the personal data you provided in the context of the activity we carry out may be processed for the following purposes:
A) contractual purpose: the sale of a private passenger transport service with motorboat and water ski hook.
-the verification of your identity (including cyber identity);
-the communications we send you about our services or in response to your questions;
-the use of personal information about you contained in the messages sent to us to fulfill the sales contract.
B) Compliance purpose and legal obligations: for the purposes required by law, such as requests by government authorities or law enforcement agencies that conduct investigations, fulfill tax and accounting obligations and any other legal obligations.
C) Purpose of exercising rights: if necessary, to verify, exercise or defend the rights of SirmioneTaxiBoat di Pierpaolo Baccolo individual firm in court.
D) Purpose of operation of the Website: the computer systems and software procedures required for the operation of the Website acquire, during their normal service, some personal data in the use of Internet communication protocols.
E) Customer Service purposes: if requested by the user/customer through the chat on the Website or through e-mail, to provide assistance, information on services.
We inform you that the data controller collects information anonymously and aggregate (so the information cannot be traced back to you) to use it for purposes that include research, data analysis and website improvement.
Article 6.1 letter b) c) and f) of GDPR is the legal basis for the processing of personal data for the purposes referred to in letters a), b), c) d), e) as the processing is necessary for the provision of services or to respond to requests from the involved party, also representing a necessary treatment for the data controller to fulfill a legal obligation.
The provision of personal data for these purposes is discretionary but the non-communication of data would make it impossible to activate the services provided by the website, respond to request ect. ect.
The conferement of consent for these purposes is discretionary and, in case it is not given, the data controller will limit his activity to the processing of data for the purposes referred to in the further points, without the possibility of using the services.
We inform you that even if the consent for these purposes is provided, the same can be revoked at any time by simple request to the data controller.
The data controller doesn’t carry out profiling activities.
6) Categories of recipients of personal data
The personal data collected by SirmioneTaxiBoat di Pierpaolo Baccolo individual firm may be shared with the subjects indicated here below (the "Recipients"):
-subjects that typically act as data processors, companies or professional firms that provide assistance and advice to SirmioneTaxiBoat di Pierpaolo Baccolo individual company in accounting, administrative, legal, tax, financial and credit recovery activities related to the provision of Services;
-subjects with which it is necessary to interact in order to provide the Services (e.g. hosting providers or providers of platforms for sending e-mails);
-subjects delegated to carry out technical maintenance activities (including the maintenance of network equipment and electronic communication networks);
-people authorized by SirmioneTaxiBoat di Pierpaolo Baccolo individual company to process data necessary to carry out activities strictly related to the provision of the Services, who are committed to confidentiality or have an adequate legal obligation of confidentiality (e.g. employees of SirmioneTaxiBoat di Pierpaolo Baccolo individual company);
-subjects, entities or authorities to which it is mandatory to communicate data for compliance, abuse or fraud purposes, or for orders of the authorities.
The data are not subject to disclosure.
In compliance with the general provision of the Guarantor of 28.11.2008, the data may be communicated to the System Administrator.
7) Transmission of data in the European Union
To allow us to properly manage your purchases and related services, your personal data may be transferred to countries in the European Union.
9) Rights of the interested party
The subjects to whom the personal data refer have the right, at any time, to obtain confirmation of the existence of the same data and to know its content and origin, verify its accuracy or request the integration, updating or correction of personal data (articles 15 to 23 and 34 EU REGULATION 678/2016, see ANNEX A below). Pursuant to the same articles, you also have the right to request cancellation (right to be forgotten), the right to data portability, the transformation into anonymous form or blocking of data processed in violation of the law, as well as to oppose any case, for legitimate reasons, to their treatment.
In brief, the interested party has the right:
- to ask the Data Controller to access their personal data and to correct or cancel them or limit the processing that concerns them or to oppose their treatment in addition to the right to data portability (articles 15, 16, 17 18 20 EU REGULATION 679/2016);
- to withdraw the consent at any time if the processing is based on the article 6, paragraph 1, letter a) or on the article 9, paragraph 2, letter a), without prejudice to the lawfulness of the processing based on the consent given before the revocation;
-to submit a complaint to a supervisory authority;
- to become aware by the Data Controller (that must intervene in this sense) of a violation of personal data likely to present a hight risk for the rights and freedoms of legal persons/entity (article 34 EU REGULATION 679/2016).
10) Data retention period
The Personal Data processed for the purpose of providing the Services will be stored by SirmioneTaxiBoat di Pierpaolo Baccolo individual firm for the time strictly necessary for the abovementioned purpose (e.g. to send the purchased product).
In any case, since such data are processed to provide the services to the user/customer, the company may keep them for a longer period, in particular for what may be necessary to protect its interests from possible claims related to the services (10 years).
The data processed for the purposes of Compliance/Legal obligations will be stored for the period provided by specific legal obligations or applicable legislation.
The data processed in order to prevent abuse / frauds will be stored for the time strictly necessary for the abovementioned purpose and therefore until the moment in which the company will be required to keep them to protect itself in court and/or to communicate it to the competent Authorities.
To ensure that the data is accurate and up-to-date, in any case pertinent and complete, we invite you to report any changes to the data controller’s addresses.
Personal data may be stored in both paper and computer archives.
At the end of the retention period, the data will be deleted or anonymized.
11) Security measures
The Data Controller, taking into account the implementation costs as well as the nature, the scope of application, the context and the purposes of the processing both when determining the means of treatment and other aspects of the treatment itself (risk analysis), has implemented adeguate technical and organizational measures, with the purpose of protecting the data.
Those measures are intended to effectively implement the data protection principles and the purpose of integrating the necessary guarantees into the processing in order to meet the requirements of the EU REGULATION 679/2016 and protecting the rights of the involved party.
In this perspective, personal data will be processed for the purposes connected and/or instrumental to the professional activities of the data controller, observing the purposes to be pursued as above explained.
The data will be processed using methods and instruments suitable to guarantee security (Article 24, 25 and 32 of the EU Reg. 679/2016) and will be carried out by electronic or automated systems (network not accessible to the public) and by not automated systems (paper archives), to which all appropriate technical and organizational measures will be applied to ensure a level of security appropriate to the risk, so as to ensure on a permanent basis their confidentiality, integrity, availability and resilience of the processing systems and services.
12) Applicable law
Changes and updates to the Privacy section will be notified to users by publication on the home page as soon as they are adopted; they will be binding as soon as they are published on the website.
Therefore we ask you to regularly access this section to check the publication of the most recent and updated Privacy section.
14) Consent given by the legally responsible parent
Pursuant to article 8 of the European Regulation 2016/679, in cases where the person concerned is younger than fourteen (14), the consent of the legally responsible parent is required for the processing of the personal data of the aforementioned minor.
15) Contact data, communications and complaints
You must indicate the registration form, residence or domicile, telephone number or e-mail address to which you wish SirmioneTaxiBoat di Pierpaolo Baccolo individual firm communications to be sent.
You will be informed of the receipt and the requests will be followed up as soon as possibile.
Last Update Date: 14/10/2022
Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
(a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4.The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Rectification and erasure
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure (‘right to be forgotten’)
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
(d) the personal data have been unlawfully processed;
(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(e) for the establishment, exercise or defence of legal claims.
Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
(d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Notification obligation regarding rectification or erasure of personal data or restriction of processing
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
(b) the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph1 shall not adversely affect the rights and freedoms of others.
Right to object and automated individual decision-making
Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2.Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3.Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4.At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Automated individual decision-making, including profiling
1.The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision:
(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
(b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
(c) is based on the data subject's explicit consent.
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:
(a) national security;
(c) public security;
(d) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
(e) other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters, public health and social security;
(f) the protection of judicial independence and judicial proceedings;
(g) the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
(h) a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g);
(i) the protection of the data subject or the rights and freedoms of others;
(j) the enforcement of civil law claims.
2.In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:
(a) the purposes of the processing or categories of processing;
(b) the categories of personal data;
(c) the scope of the restrictions introduced;
(d) the safeguards to prevent abuse or unlawful access or transfer;
(e) the specification of the controller or categories of controllers;
(f) the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
(g) the risks to the rights and freedoms of data subjects; and
(h) the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.
Controller and processor
Communication of a personal data breach to the data subject
1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.
2. The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).
3.The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:
(a) the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
(b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;
(c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
4. If the controller has not yet communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.