Privacy and Cookie Policy

Version 1.0

Dottoressa Emanuela Bartolozzi e C. EMS SAS, with registered offices in Florence, Via Pier Capponi 99, 50132 Firenze (FI), P.IVA 06543330481 (hereinafter, “EMA BART”) is committed to protecting the online privacy of the users of its websites www.emabartfirenze.it  (hereinafter, “Website”). As such, this Privacy Policy has been written, under Article 13 of EU Regulation 2016/679 (hereinafter, the “Regulation“), in order to allow you to understand EMA BART policy regarding your privacy, and how your personal information will be handled when using our websites. This Privacy Policy will also provide you with information so that you are able to consent to the processing of your personal data in an explicit and informed manner, where appropriate.

The information and data which you may provide, or which may otherwise be collected in the context of your use of EMA BART’s services, will be used in compliance with the principles of lawfulness, fairness, transparency, purpose limitation, storage limitation, data minimization, accuracy, integrity and confidentiality.

CONTENTS

  1. Data controller
  2. Personal Data processed
    1. Name, contact details and other personal data
    2. Special categories of Personal Data
    3. Data provided voluntarily by the data subject
    4. Browsing data
    5. Cookies
  3. Purpose of the processing
  4. Legal bases and mandatory / discretionary nature of the processing
  5. Recipients of Personal Data
  6. Retention of Personal Data
  7. Data subjects’ rights
  8. Amendments

 

  1. Data Controller

The data controller regarding all personal data processing operations carried out through the Website is EMA BART, as identified at the start of this Privacy Policy. For any information, please contact info@emabartfirenze.it

 

  1. Personal Data processed

As you use the Website, we inform you that EMA BART may collect and process information related to you, also according to your decisions about the use of the  service ,  as an individual and which allows you to be identified (either directly, or together with additional information), or which is related to other individuals (“Personal Data”), such as your name, an identification number, an online ID or one or more characteristic elements of your physical, physiological, mental, economic, cultural or social identity.

Personal Data which may be processed by EMA BART through the Website are as follows:

  1. Name, contact details and other personal data

In the “Personal Account” Website section , you will be asked to insert information as name, surname, telephone number, e-mail address, , Country of residence, delivery address and possibly invoicing address.

When using the Service, you could be also asked information about your paying method, such as, for example, Paypal or credit card details.

 

  1. Special categories of Personal Data

In some section of the Website (for example, “Contact us”), you could be allowed to submit Personal Data which may fall under the category of Personal Data referred to in Art. 9 of the Regulation – i.e. “[…] data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation”.

EMA BART kindly asks you not to disclose such types of Personal Data, unless you consider this to be strictly necessary. Indeed, such special categories of Personal Data can be processed only with your explicit consent (by flagging the dedicated box in the data collection form) in  compliance with current legislation.

 

  1. Data provided voluntarily by the data subject

When using some of the Website’s Services (e.g., when you buy a product on the Website and you wish to add a “greeting” card to the shipping), you are allowed to submit Personal Data related to other persons. In any situation where you decide to share Personal Data related to other persons through the Website, you will be considered as an independent data controller regarding that Personal Data, and must assume all inherent legal obligations and responsibilities. This means that you must also must make sure that you have these third parties’ consent to their Personal Data being used in this manner before providing them to EMA BART, or another appropriate legal basis which may allow for lawful processing of this information. To this end, you must fully indemnify EMA BART against any complaints, claims or demands for compensation for damages which may arise from the processing of this Personal Data, initiated by the third parties whose information is processed via the Website by your initiative.

  1. Browsing Data

The Website’s operation, as is standard with any website on the Internet, involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation. While EMA BART does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such, this information is also considered Personal Data. This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and so on. These data are used exclusively to compile anonymous, statistical information on the use of the Website, as well as to ensure its correct operation and identify any faults and/or abuse of the Website: the data is deleted immediately after processing, unless it must be used to identify responsible parties in the event of cybercrime committed which harms the Website or third parties.

  1. Cookies
  • Definitions, characteristics and application of the legislation

Cookies are small text files that may be sent to and registered on your computer or mobile device by the websites you visit, to then be re-sent to those same sites when you visit them again. It is thanks to these cookies that those websites can “remember” your actions and preferences (e.g., login data, language, font size, other display settings, etc.), so that you do not need to configure them again when you next visit the website, or when you change pages within a website. Cookies are, therefore, used for electronic authentication, monitoring of sessions and storage of information regarding your activities when accessing a website. They may also contain a unique ID code which allows tracking of your browsing activities within a website, for statistical or advertising purposes. Some operations within a website may not be able to be performed without the use of cookies which, in certain cases, are technically necessary for operation of the website.

When browsing a website, you may also receive cookies from websites or web servers other than the website being visited (i.e., third-party cookies). There are various types of cookies, depending on their characteristics and functions, which may be stored on your computer or mobile device for different periods of time: “session cookies”, which are automatically deleted when you close your browser, and “persistent cookies”, which will remain on your device until their pre-set expiration period passes.

According to the law which may be applicable to you, your consent may not always be necessary for cookies to be used through the Website. In particular, “technical cookies” – i.e. cookies used exclusively to transmit messages over an electronic communications network, or otherwise strictly necessary to provide a service specifically requested by you – typically do not require this consent. In other words, cookies which are indispensable for operation of the Website or required to perform activities you request may be used without your consent. This may include cookies used for analytics purposes (used to collect aggregated information on the number of users of a website, and how those users visit the website), browsing or session cookies (used to allow users to login) and function cookies (used to allow memorisation of choices made by a user when accessing the website, such as language or products selected for purchase, in order to improve the user’s experience).

On the other hand, “profiling cookies” – i.e., cookies used to create profiles on users and to send advertising messages in line with the preferences revealed by users while browsing websites – typically require specific consent from users, although this may vary according to the applicable law.

Under Italian law, your express consent is not always required for the use of cookies. In particular, “technical cookies” – i.e., cookies used exclusively to transmit messages over an electronic communications network, or otherwise strictly necessary to provide a service explicitly requested by you – do not require your consent. In other words, cookies which are indispensable for the operation of the Website or required to perform activities you request may be used without your consent. The Italian Data Protection Authority (as defined in its “Determination of simplified procedures for information and collection of consent for the use of cookies”, 8 May 2014, and subsequent clarifications), has established that, among cookies which can be used without consent, the following are included:

 

  • Analytics cookies, when used directly by a website operator to collect information, in an aggregate form, on the number of users and how they use a website;
  • Browsing or session cookies, to identify and authenticate users of a website;
  • Function cookies, which allow users to browse a website according to a series of selected criteria (e.g., a certain language, products selected for purchase, etc.), in order to improve the services provided to those users.

 

On the other hand, “profiling cookies” – i.e., cookies used to create profiles on users and used to send advertising messages in line with the preferences revealed by users while browsing websites – require users’ prior consent.

 

  • Cookie settings

Your consent is not required for the cookies you receive from the Website.

If you block or delete technical and/or function cookies used by the Website, the Website may become impossible to browse, certain services or functions of the Website may become unavailable or other malfunctions may occur, in which case you will have to modify or manually enter some information or preferences every time you visit the Website.

 

  • Types of cookies used by the Website

The Website uses the following types of cookies:

 

 

  • Browsing or session cookies, which are strictly necessary for the Website’s operation and/or to allow you to use the Website’s content and services;
  • Function cookies, which are used to activate specific Website functions and to configure the Website according to your choices (e.g., language), in order to improve your experience;
  • Analytics cookies, which allow EMA BART to understand how users make use of the Website, and to track traffic to and from the Website. The information collected by these cookies is processed in an aggregate and anonymous form, with no information on your specific ID being collected – therefore, the use of these cookies does not involve the use of your Personal Data.

https://tools.google.com/dlpage/gaoptout

 

The following section lists the links to information on third-party cookies:

 

 

Specifically, the cookies present on the Website are the following:

 

Technical name Data Controller Cookie type, function and purpose Duration
PHPSESSID PHPSESSID This is a PHP native technical cookie and allows web sites to store serialization status data; it is used to establish a user session and to communicate status data through a temporary cookie, commonly called session cookies; since the PHPSESSID cookie has no expiration time, it disappears when the browser is closed. End of session

 

 

Third-party cookies:

Google Analytics and Google AdWords: emabartfirenze.it uses Google Analytics and Google AdWords advertising services provided by Google, Inc. (“Google”). These services use cookies for statistical purposes, the information will be transmitted and stored on Google’s servers in the United States in order to look at the way you use our website, creating reports on site activities for the operator and providing other related services to website activity and internet usage. Google may also transfer this information to third parties if required to do so by law or if they process information on Google’s behalf. Google will not associate your IP address with any other data.

You can refuse cookies on your machine by settings your browser, but please note that if you do so you may not be able to use all the features of the website. By using this website, you consent Google to process  your data as described above.

You can prevent Google from processing your data (including your IP address) simply downloading and installing this plug-in

Cookie settings

You can authorize, block or delete (in whole or in part) cookies through the specific functions of their navigation program (so-called browser). However, in the hypotheses in which all or some of the cookies are disabled it is possible that the site may not be consulted or that certain services or certain features of the Site will not be available or will not work properly and/or the user may be forced to change or manually enter some information or preferences each time he/she visits the site.

The choices made by the user about the website cookies could be recorded in a special cookie. In some circumstances, this cookie may not function properly: in such cases, we recommend you delete unwanted cookies and prevent its using through the features of the browser.

User preferences in reference to cookies will be reset if you are using different devices or browser to access the site.

 

For more information on how to set preferences on the use of cookies through your browser, it is possible to consult these instructions:

 

 

You may also manage cookies by using on-line platforms like AdChoice

 

  1. Purpose of the processing

EMA BART intends to use your Personal Data, collected through the Website, for the following purposes:

  1. To provide Services you request, such as purchasing your order and delivering the products, consulting the history of your purchases and subscription to newsletters (“Provision of the Service”)
  2. To send marketing communications via email regarding products and services similar to those you have purchased through the Website (“Soft Spam”);

 

  1. For compliance with laws which impose upon EMA BART the collection and/or further processing of certain kinds of Personal Data (“Compliance”);
  2. TO prevent or identify any abuse in the use of the Site, or any fraudulent activity and therefore allow EMA BART to defend itself in court (“Abuse / Fraud”)

 

  1. Legal basis and mandatory / discretionary nature of the processing

EMA ’s legal bases to process your personal data, according to the purposes identified in Section 3, are as follows:

  • Provision of the Service: processing for these purposes is necessary to provide the Services and, therefore, the applicable legal basis is the necessity of the processing for the performance of a contract with you. It is not mandatory for you to give EMA BART your Personal Data for these purposes; however, if you do not, EMA BART will not be able to provide any Services to you, nor will be able to send you the newsletter service you requested by sharing your email address and that you can withdraw anytime following the provisions in paragraph 7 below.
  • Soft spam: processing for this purpose is based on the interest of EMA BART to send you marketing communications via email regarding products and services similar to those you have already purchased through the Site. You can stop receiving these communications, without any consequence for you (beyond the fact that you will no longer receive further communications of this kind from EMA BART) using the link at the bottom of each of these emails;
  • Compliance: processing for this purpose is necessary for EMA BART in order to fulfill any legal obligations. When providing Personal Data to EMA BART, they must be processed in accordance to the applicable legislation, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations.
  • Abuse/Fraud: information collected for this purpose will be used exclusively to prevent and/or identify fraudulent activity or abuse in the use of the Site and therefore allow EMA BART to protect itself in court.

EMA BART does not intend to transfer your Personal Data outside the European Union.

 

  1. Recipients of Personal Data

Your Personal Data may be shared, for the purposes listed in Section 3, with different persons / entities (hereinafter and collectively, “Recipients”):

  • Entities acting as data processors on EMA BART’s behalf, in particular i) persons, companies or professional firms providing EMA BART with advice and consultancy regarding accounting, administrative, legal, tax, financial and debt collection matters related to the provision of the Services; ii) entities engaged in order to provide the Services of shipping and delivery of products;
  • Entities needed to provide the service (for example, service and/or email providers);
  • Persons authorised to perform technical maintenance (including maintenance of network equipment and electronic communications networks).
  • Persons authorised by EMA BART to process Personal Data needed to carry out activities strictly related to the provision of the Services, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g., employees of EMA BART);
  • Public entities, bodies or authorities to whom your Personal Data may be disclosed, in accordance with the applicable law or binding orders of those entities, bodies or authorities.

 

  1. Retention of Personal Data

Personal Data processed for the Provision of the Service purposes will be kept by EMA BART for the period deemed strictly necessary to fulfil such purposes – in any case, as these Personal Data are processed for the provision of the Services, EMA BART will keep them for as long as the statute of limitations on liability related to the provision of the Services (as determined by the applicable law) lasts, so as to protect its interests. Personal Data processed for the Soft Spam purposes will be kept by EMA BART until you will withdraw your consent using the link at the bottom of each email.

Personal Data processed for the Compliance purposes will be kept by EMA BART for the period required by the specific legal obligation or by the applicable law.

Personal Data processed for the Abuse/Fraud purposes will be kept by EMA BART for the period deemed strictly necessary to fulfil such purposes and thus until the time EMA BART will be able to use them to protect itself in court

  1. Data subject rights

Under Articles 15 and following of the Regulation, you, as a data subject, are entitled to request from EMA BART at any time, access to your Personal Data, the correction and erasure of your Personal Data, as well as to object to its processing. You are also entitled to request the restriction of the processing of your Personal Data, as well as to obtain the Personal Data you have provided to EMA BART in a structured, commonly used and machine-readable format.

You will be able to interrupt the reception of Soft Spam by using the appropriate link at the bottom of each e-mail received. The same procedure can be used to stop receiving the EMA BART newsletter, if you have requested it as a service.

In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data, if you believe that the processing of your Personal Data carried out through this Website violates applicable law.

  1. Amendments

This Privacy Policy entered into force on 24/3/2018. EMA BART reserves the right to partly or fully amend this Privacy Policy, or simply to update its content, e.g., as a result of changes in applicable law. EMA BART will inform you of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Website. EMA BART therefore invites you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how EMA BART collects and uses Personal Data.

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