Magnos Simulator Privacy Policy

This document about Privacy Policy describes purposes and modalities for personal data processing of users accessing the Magnos Simulator Application ("App" in lines below), in its Web and Mobile versions and produced by S.P.D. S.p.A., ( "S.P.D." in lines below),

1) Data Controller
Data Controller is S.P.D. S.p.A. Registered Office, Administrative Headquarters, Wareouse: Via G. Galilei, 2/4 24043 Caravaggio (BG) ITALY; Production Facilities: Via Enrico Fermi, 28/30 Caravaggio (BG); Via Leonardo Da Vinci, 136/138 Caravaggio (BG); Tel. +39 0363 546511; Fax +39 0363 52578; VAT 00382960169; E-Mail magnossimulator@spd.it - Web Site: www.spd.it – CEM: amministrazione.spd@arubapec.it

2) Data Protection Officer
S.P.D. pursuant to art. 37 of Reg. (UE) 2016/679, decided not to appoint a DPO – Data Protection Officer, as the Company is not a public society and its main business is not a regular and systematic monitoring of data on a large scale, including data referred to in art. 9 e 10.

3) Purposes, methods and territorial scope of processing
Data processed by S.P.D. related to users who wish to access the "App", regularly collected by the same, will be processed:

• a) for the purpose of service provided by the App
• b) for the purpose of internal statistics.

Personal data are processed by means of automated and manual procedures for the time strictly necessary to accomplish the goals for which they are being collected. Specific security measures are observed to prevent data loss, illegal or incorrect use and unauthorized access. Processing of data concerning Services take place at the previously mentioned S.P.D. offices and at suppliers offices providing electronic processing services for the Company, and they are handled by technical staff specifically appointed as responsible and / or in charge of the processing or for occasional maintenance operations.

4) Data collected, recipients, communication and diffusion scopes
S.P.D. collects the user's personal data needed for the delivery of the services described in the "Terms of Use", e.g.: First Name, Last Name, E-Mail, Company Role. Further data may be required, however no particular or judicial data will be required. Data may be communicated to or viewed by:

• a) the Company developing the App, only during developing or maintenance of the IT platform.

Data collected will not be diffused.
Data will be processed by S.P.D. staff assigned to the management and administration of the system.

5) Nature of provided data and consequences of any denial
Data provided for purposes of art. 3 a) b) is optional, but in case of denial S.P.D. will not allow the delivery of services of the App.

6) Transfer abroad
The App, and therefore the data, are hosted on a Cloud platform managed by Linode (www.linode.com) 249 Arch St. Philadelphia, PA 19106. Server are physically located on European territory, in particular in Frankfurt am Main, Hesse, Germany (DE).

7) Retention period
Personal data are retained for the time necessary to allow availability of services to the user and as long as the application system will exist or until the user's consent will be revoked by sending specific request to the following e-mail account: magnossimulator@spd.it

8) Rights of data Subjects
In Your position of interested party, you have all rights pursuant to art. 15-22 of GDPR, specifically:

• Art.15 - 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.

• Art.16 - 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. 2Taking 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.

• Art.17 - 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 paragraph 1 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 paragraph 1 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.

• Art.18 - Right of limitation of treatment
  

  • 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.

• Art.19 - 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 171) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. 2The controller shall inform the data subject about those recipients if the data subject requests it.

• Art.20 - 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.

• Art.21 - Right to opposition
  

  • 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.
  • 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.

• Art.22 - Automated decision-making process concerning natural persons, including profiling
  

  • 1. The data subject has the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or which significantly affects his person.

9) Exercise of rights
All requests are to be addressed to the Data Controller, without specific formalities, by writing a communication to e-mail address: magnossimulator@spd.it

10) Right to complaint
Interested party has the right to forward official complaint to the Privicy Policy Authority in case of suspect violations of the Privicy Policy rules and has the right to request a verification by the same Authority, by contacting Autorità Garante per la Protezione dei Dati personali, located in Piazza Venezia n. 11 - 00187 Roma Fax: (+39) 06.69677.3785 Tel: (+39) 06.696771 E-Mail: garante@gpdp.it CEM: protocollo@pec.gpdp.it.

11) Data source
Data being discussed here acquired from interested party.