Privacy policy

PRIVACY POLICY

(INFORMATION ON THE PROCESSING OF PERSONAL DATA)

Dear user,

below you will find all the information reWhored by article 13 of the European Regulation on the Protection of Personal Data (EU Reg. 2016/679 – henceforth, GDPR), in relation to the processing of personal data carried out byFGM04 S.p.a. through this site.

1. PERSONAL DATA.

The term “personal data” refers to all information that identifies or makes identifiable, directly or indirectly, taken alone or through their combination (art. 4, par. 1, point 1, GDPR), a natural person and who can provide information on his characteristics, his habits, his lifestyle, his personal relationships, his state of health, his economic situation, etc. and which allow you to identify it. 

Personal data that identifies a natural person in a way direct are, for example, personal data (name and surname) and images. Personal data that identifies a natural person in a way indirect are, for example, telephone number, tax code, IP address, e-mail, license plate number, credit card details, etc.

In detail, personal data are divided into:

- so-called personal data “common" (i.e. those that we have indicated above and which also refer to entities - public and private - associations and companies), and

- so-called personal data "details" or also called "sensitive", i.e. those that reveal racial or ethnic origin, religious or philosophical beliefs, political opinions, trade union membership, relating to health or sexual life. The Regulation (EU) 2016/679 has also included genetic data, biometric data and data relating to sexual orientation in this category. The so-called personal data are also considered personal data. "judicial", i.e. relating to criminal convictions, crimes or related security measures, which may reveal the existence of certain judicial measures subject to entry in the criminal record (for example, final criminal convictions, conditional release , the prohibition or obligation to stay, alternative measures to detention) or the status of defendant or suspect. Finally, personal data relating to electronic communicationsand(via the Internet or telephone) andthose that allow geolocation, providing information on frequented places and movements.

2. OWNER OF THE TREATMENT.

The Data Controller of Personal Data is the CompanyFGM04 S.p.a., Via Begarelli, 21 - 41121 Modena (MO), (hereinafter FGM04 for convenience) which can be contacted at the following dedicated e-mail address: mmalerba@fgm04.com.

The GDPR defines Holder of the treatment "the natural or legal person, public authority, service or other body which, individually or together with others, determines the purpose e i means of the processing of personal data".

In simple words, the owner is the one who processes the data without receiving instructions from others. AND the one who decides "why" and "how" the data should be processed.

3. DATA STORAGE PLACE.

FGM04 does not transmit personal data to third countries, outside the EU, or to international organizations. For the storage of the data collected, the Company makes use of the servers used by Shopify, based both in Europe and in Canada ("If you are located in Europe, the UK or Switzerland, your personal information is controlled by our Irish subsidiary, Shopify International Ltd.…When we send your personal information outside Europe, we do so in accordance with European law"), who holds the role of data processor (pursuant to Article 28 of the GDPR). AND You can consult Shopify's privacy policy, Who.

4. TYPE OF DATA COLLECTED BY THE SITE.

Through the site of the same name, FGM04 processes the following personal data:

- data provided voluntarily by the User, by registering as an Account, for the purchase of items for sale on the site https://fgm04.com.

In general, depending on the case, the data that FGM04 will process will be the following:

▪ identification data (for example name, surname, image, language and country from which you interact with us, contact details, etc.);

▪ economic and transactional information (for example, payment or credit card details, information relating to purchases made, orders, returns, etc.);

▪ connection, geolocation and/or navigation data (for example, location data, device identification number or advertising ID, etc.);

▪ information relating to tastes and preferences.

When FGM04 asks you to provide a User's personal data and to allow him to have access to any functionality or service of the Platform, some fields will be marked as mandatory, as they are data necessary to provide the requested service or product or to allow the 'access to the features in question, for which the data is necessary to comply with existing contractual obligations or to comply with applicable laws and regulations. Failure to provide such data may prevent the User from being able to use the requested services, products or features.

c) data collected through cookies and similar technologies

The Company collects personal data through the so-called Cookies. For more information on the use of cookies and related technologies click here 

5. PURPOSE FOR WHICH PERSONAL DATA IS COLLECTED.
6. a) To manage registration as a User/Account of the Platform.

If the User decides to become an Account/Registered User of the site, FGM04 needs to process the data in order to be able to identify him as a user of the Platform and authorize him to access the various features, products and services available as a registered user. The User also has the right to cancel his account by contacting the Customer Assistance service.

It should also be remembered that the data relating to your activity, which has been collected through the various channels of the Platform and which includes the purchases made, will remain linked to your account, so that all previous information can be accessed.

If, in specific cases, the data had been provided by third parties through the use of a function or service present on the Platform, for example, by sending a gift card or by sending an order to the User's address, in such cases, the related data will be processed only if they are relevant for the performance of this function or service, as indicated in this Privacy Policy and Cookie Policy.

In other cases, FGM04 could collect information passively, using tracking tools such as browser cookies and other similar technologies on its Platform and in the communications it sends to the User.

b) For the fulfillment and execution of the purchase or service contract stipulated with FGM04 on the Platform.

This purpose involves the processing of data mainly for:

▪ Contact the User regarding updates or information communications relating to the features, products or services stipulated, including quality surveys and to be able to establish the degree of customer satisfaction with regard to the service provided;

▪ Management of the payment of the purchased products, regardless of the payment procedure used. For instance:

▪ If, upon purchasing one of the products through the Website or the App, the User decides to activate the function which allows the saving of payment data and shipping address for future purchases (if this function is available), consent to the activation of this feature makes it possible to automatically complete the payment data in subsequent purchases, so as not to have to enter them for each new transaction, and these data will be considered valid and effective for future purchases. AND It is possible to modify or cancel the payment data at any time through the appropriate section relating to payment information, both through the user account registered on the Website and through the My Account section of the App.

▪ Activation of the mechanisms necessary to prevent and detect unauthorized use of the Platform (for example, during the purchase and return process), as well as potential fraud committed against the User and/or against the Platform: if FGM04 should believe that the transaction could be fraudulent or detect anomalous behavior that indicates an attempt to use the features, products or services fraudulently, this treatment may lead to the blocking of the transaction or the cancellation of the account that is compromised. In this case, FGM04 believes it has a legitimate interest to carry out the necessary checks to detect and prevent any fraud or fraudulent use of the Platform, to protect the User and the correct functioning of the platform.

▪ Management of any exchanges of goods or returns following the purchase and management of requests for information on the availability of items, product reservations through the Platform.

▪ For billing purposes and to make the receipts and invoices of purchases made through the Platform available to the User.

▪ Use of other available features or services, such as purchasing, receiving, managing Discount Coupons or Gift Cards.

c) To contact FGM04 directly.

Through the section "Info and customer assistance” of the site, the User can contact the Company through the telephone number, the e-mail address. In this way you consent to the processing of the data provided, as well as any other data that you intend to provide in order to make direct contact with the Company and request further information on the services/promotions offered.

However, it should be noted that:

• In the event that the User contacts FGM04 by telephone, the call may be recorded for quality control reasons and to be able to respond to the request.
• If the User decides to communicate with the Customer Assistance Service via the chat service, some of your personal data, for example the name or username, will be imported from any social network account, therefore the data sent on this service will be available to the social network and will be subject to their privacy policies (it is advisable to check the privacy settings and to read the privacy policies of the social network for more detailed information on their use of personal data when using of their services).
• FGM04 believes it has a legitimate interest to respond to requests or questions posed by its Users through the various existing contact channels.

The legal basis for the processing of personal data for this purpose is established by art. 6, par. 1, lit. b of the GDPR (execution of a contract or pre-contractual measures) as the treatments are necessary for the provision of the services or for the response of the requests of the interested party and do not require his consent.

d) To comply with the obligations established by the laws in force, by regulations or by community legislation, or to satisfy requests from the Authorities.

The legal basis for the processing of personal data for this purpose is established by art. 6 par. 1 lit. c) of the GDPR (“the processing is necessary to fulfill a legal obligation to which the data controller is subject”). 

e) For the defense in court.

The User's Personal Data can be used by FGM04, in court or in the preparatory stages for its eventual establishment for the defense against abuse by the same User, in the use of the website or related services.

f) For statistical research/analysis purposes aimed at measuring the functioning of the Site, measuring traffic and evaluating usability and interest. These searches and analyzes concern aggregated or anonymous data, so it is not possible to identify the User. This type of treatment can, therefore, be carried out freely by the Data Controller because it is not based on personal data.

The provision of Personal Data for the purposes listed above is optional, but their failure to provide it could make it impossible for the Company to respond to a request or fulfill a legal obligation to which it could be subject.

g) For subscribing to the Newsletter of the FGM04 website

• If the User subscribes to the FGM04 Newsletter, he consents to the sending of periodic communications relating to activities, offers, events, initiatives, projects and platform updates, as well as reminders on ongoing purchases, for which FGM04 will process personal data of the Account/User to manage his/her subscription.

• The personal identification and computer data, collected from the interested parties, subject to processing, are used directly to fulfill the request to send the newsletter and relative registration in the mailing list, concerning information messages and promotional communications relating to the initiatives carried out by the Data Controller, in complete compliance with the principles of lawfulness and correctness and with the provisions of the law.
• The provision of data is optional, however any refusal to provide them will make it impossible for the owner to process the requests to send the newsletter.
• Subscription to the Newsletter can be canceled at any time and at no cost through the "Newsletter" section of the Platform, as well as by following the instructions given in each communication.
• h) For marketing purposes

▪ If the User gives consent to profiling and marketing activities, FGM04 will process the personal data of the Account/User to send him personalized information on products or services through different means (such as e-mail or SMS).

▪ Consequently, it should be noted that this data processing involves the analysis of the user or customer profile to determine preferences and, therefore, which products and services best suit your style. For example, based on the purchase and browsing history, FGM04 could provide suggestions on products viewed by the User.

▪ If the Account/User uses their social network profile to log into the FGM04 Platform, it must be specified that these social platforms could use the data to send targeted advertising, therefore it is recommended to review the privacy policies of the social network sites of which the User has a profile, to obtain information on the use of his data and on the functioning of advertising.

6. SUBJECTS WHO CAN TREAT THE DATA.

For the purposes referred to in no. 5 of this information, personal data can be shared with:

- persons authorized (pursuant to article 29 of the GDPR) by the Data Controller to process personal data necessary to carry out activities strictly related to the provision of services, who are committed to confidentiality or have in any case an adequate legal obligation of confidentiality;

- i cd. Data Processors (pursuant to Article 28 of the GDPR), i.e. subjects who cooperate with the Data Controller for the pursuit of the aforementioned purposes, including subjects delegated to carry out technical maintenance activities;

- subjects, bodies or authorities to whom it is mandatory to communicate personal data pursuant to provisions of the law or orders from the Authorities.

The person in charge of personal data processing, as well as the Authorized, are appointed by formal act and indicated in a special list that can be consulted by the User, upon request by the latter to be sent to the following email address: clienti@fgm04.com, indicating the wording "List request" in the subject. This list is subject to changes and updates by the Data Controller.

 

7. DATA SHARING WITH THIRD PARTIES

To achieve the purposes indicated in this Privacy and Cookie Policy, FGM04 may have to allow access to the personal data of the Account/User to third-party companies that provide support in the provision of the services offered, such as:

▪ financial institutions,

▪ Companies specializing in the detection and prevention of fraud,

▪ Technology and analytics service providers,

▪ Suppliers and collaborators of services related to logistics, transport and/or their partner establishments,

▪ Customer support related service providers,

▪ Service providers and collaborators related to marketing and advertising, such as social network websites, advertising agencies or advertising partners.

 

8. TIME OF STORAGE OF PERSONAL DATA.

The personal data provided for the provision of the services offered by FGM04 will be kept for the period of time necessary for the provision of the same, within the times established and permitted by the Italian legislation for the protection of one's interests (and in any case no later than the terms referred to in Articles 2946 of the Italian Civil Code and subsequent amendments - prescription).

The data provided for marketing purposes will be kept for 24 months. Upon expiry, you will be asked to renew your consent and, failing that, the data provided will be deleted. In any case, the User is informed that the data provided will be kept exclusively the purposes for which they were given, in compliance with the principle of necessity of the processing retention time.

9. METHODS OF TREATMENT AND PROTECTION OF PERSONAL DATA.

The data is collected in compliance with the principle of minimization of the data processed (only the data strictly necessary to provide the requested services or achieve the other purposes specified here in point 5) are acquired. The processing of personal data by the Company takes place using manual, IT and telematic tools with logic strictly related to the aforementioned purposes. The processing operations are carried out in such a way as to guarantee the security of the data and of the systems. Adequate security measures are adopted in order to minimize the risk of destruction or loss, even accidental, of the data, unauthorized access, unauthorized or non-compliant processing with respect to the purposes indicated in this statement. The security measures adopted, however, do not allow for the exclusion, absolutely, the risks of interception or compromise of personal data transmitted with telematic tools. Therefore, the User is advised to check that their device (PC, smartphone, tablet, etc.) is equipped with software systems suitable for the protection of both incoming and outgoing data transmission (such as, for example, updated anti-virus systems, firewalls and anti-spam filters).

10. YOUR RIGHTS.

Based on the articles 15 et seq. of the GDPR, the User has the right to:

- access their personal data, to request their rectification, updating and cancellation or limitation, if incomplete, erroneous or collected in violation of the law;

- oppose the processing for legitimate reasons or to obtain its portability;

- obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in an intelligible form.

The User also has the right to obtain

a) the indication:

- the origin of the personal data;

- the purposes and methods of processing;

- of the logic applied in case of treatment carried out with the aid of electronic instruments;

- of the identification details of the Data Controller, of the Manager(s) (internal/external) and of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as Authorized;

b) updating, rectification or integration of personal data within the limits of pertinence to the activity carried out by the Company;

c) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary in relation to the purposes of the processing;

d) the attestation that the operations referred to in letters b) and c) have been brought to the attention of those to whom the data have been communicated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to to the protected right.

The User also has the right to object, in whole or in part:

e) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;

f) to the processing of personal data provided when contacting the Company through the dedicated section or the email address indicated in the "Contact Us" section of the site.

11. EXERCISE OF RIGHTS.

The rights listed in point 10 above of this information are exercised with a request made freely and informally to the Data Controller, directly or through a person in charge, by sending an e-mail message to the e-mail address: (clienti@fgm04.com) concerning the wording "Rights".

The interested party has the right to receive a suitable response to the request sent, without unjustified delay and, in any case, at the latest within one month of receipt of the request (term extendable by two months, due to complexity and number of applications), which may be renewed for justified reasons.

In any case, if the User believes that the Company processes your personal data in violation of the provisions of the GDPR, he has the right to lodge a complaint with the Guarantor (art. 77 GDPR, art. 141 Codice Privacy) or to take the appropriate judicial offices (art. 79 GDPR, art. 152 Codice Privacy). The complaint form and information on how to complete and submit it are available qui. For the exercise of the rights in question, the interested party can make use of natural persons, entities, associations or organizations, conferring, for this purpose, a written proxy and be assisted by a trusted person. 

12. PRIVACY POLICY UPDATES.

This information is updated to 01 January 2023.

FGM04 may need to modify the information contained in this Privacy and Cookie Policy. In this case, the Account/User will be informed through different procedures through the Platform (for example, with a banner, a pop-up or a push notification) or by sending a notice to his e-mail address if the change significantly affects your privacy, so that the User can view the changes, evaluate them and, depending on the case, oppose or cancel any services or features.