Last updated: June 2023
PRIVACY STATEMENT PURSUANT TO ARTICLE 13 OF EU REGULATION 2016/679
with regard to the data processed on the Firm’s website and/or through the addresses or contacts indicated therein
Data protection is a very serious matter for us, so we would like to inform you about the way in which your data is processed and the rights you can exercise under current data protection legislation, in particular EU Regulation 2016/679 (hereinafter also: “GDPR”). With regard to processing relating to the contacts indicated in the “Work with us” section and/or in any case relating to the management of applications for employment and collaboration relationships, please refer to the separate information notice.
1. Data controller
FIVELEX (hereinafter also “the Firm” or the “Owner”)
Via degli Omenoni, 2
20121, Milan (MI)
E-mail contact details: firstname.lastname@example.org
2. The categories of data that are processed
The categories of “personal data” (ex. art. 4.1 of the GDPR) processed by the Data Controller may include, but are not limited to:
• Personal and identification data (e.g. first name, surname, etc.);
• Contact data (e.g. address, e-mail address, IP address, etc.);
• Data relating to any services provided and/or requested.
3. Purposes covered by the Data Subject’s consent (ex Art. 6(1)(a) GDPR)
Personal data may also be processed for certain purposes for which the Data Subject has given his or her consent.
a. Respond to requests or questions submitted and sent to the contacts indicated on the Firm's website, to receive information on our services and/or quotes, and to request assistance;
The retention period of personal data for the purposes of this section is:
For the following purposes: a, until the request is processed, unless the feedback provided and the information exchanged are necessary to prove the fulfilment of any contractual obligations or arising from any legal relationships established (in which case the retention period will be equal to that indicated in the relevant notices issued in the context of the aforementioned relationships).
4. Recipients or categories of recipients of personal data (pursuant to Article 13(1)(e) of the GDPR) *
Within the scope of the above-mentioned purposes, the data controller may communicate your data to:
• Offices and functions of the proprietor himself, including the Firm’s collaborators;
• Companies and professionals providing IT services, including electronic data processing, software management, website management and IT consultancy;
• Any postal couriers and companies carrying out enveloping and mailing of documents and paper communications and companies carrying out archiving of documents.
* More information on the Recipients (ex art. 4.9 of the GDPR) is available from the Data Controller at the above-mentioned addresses.
5. Recipients or categories of recipients of personal data (ex art. 13(1)(f) GDPR) and transfer of data to non-EU countries
The Data Controller informs you that it has no intention of transferring your data to countries outside the EU and EEA for the above-mentioned purposes.
6. Rights of the Data Subject
The Data Subject, in relation to the personal data covered by this information notice, is entitled to exercise the rights provided for in the EU Regulation below:
• the Data Subject's right of access [art. 15 of the EU Regulation] (consisting in the possibility of being informed about the processing carried out on one's personal data and possibly receiving a copy of it);
• right to rectification of one's personal data [art. 16 of the EU Regulation] (the Data Subject has the right to rectification of inaccurate personal data concerning him/her);
• right to erasure of one's own personal data without undue delay (“right to be forgotten”) [art. 17 of the EU Regulation] (the Data Subject has, as well as will have, the right to erasure of his or her own data);
• the right to limitation of the processing of one's personal data in the cases provided for in article 18 of the EU Regulation, including in the case of unlawful processing or contestation of the accuracy of personal data by the Data Subject [article 18 of the EU Regulation];
• right to data portability [art. 20 of the EU Regulation], (the Data Subject may request his or her personal data in a structured format in order to transmit them to another data controller, in the cases provided for in the same article);
• right to object to the processing of one's own personal data [art. 21 of the EU Regulation] (the Data Subject has, as he or she will have, the right to object to the processing of his or her own personal data in the cases provided for and regulated by art. 21 of the EU Regulation);
• right not to be subjected to automated decision-making processes [art. 22 of the EU Regulation] (the Data Subject has, as will have, the right not to be subjected to a decision based solely on automated processing).
With regard to the purposes, for which consent is required, the Data Subject may revoke his or her consent at any time and the effects shall run from the moment of revocation, subject to the time limits provided for by law. In general terms, revocation of consent has effect only for the future.
These rights may be exercised in accordance with the EU Regulation by contacting email@example.com.
The Firm in accordance with art. 19 of the EU Regulation, shall inform the recipients to whom the personal data have been disclosed, of any rectification, erasure or restriction of processing requested, where possible.
7. Right to lodge a complaint (ex art. 13(2)(d) GDPR)
If the Data Subject considers that his or her rights have been compromised, he or she has the right to lodge a complaint with the Supervisory Authority.
For further information on your rights and how to exercise them, please visit http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524 or send written notice to the Data Protection Authority.
8. Possible consequence of non-disclosure of data and nature of the provision of data (pursuant to art. 13(2)(e) of the GDPR))
8.1 In case of consent of the Data SubjectWe inform you that the above-mentioned purposes have consent as their legal basis and that, with regard to these purposes, the Data Subject may revoke his or her consent at any time and the effects will be effective from the time of revocation, subject to the time limits provided for by law. In general terms, withdrawal of consent has effect only for the future. Therefore, processing that has been carried out before the revocation of consent will not be affected and will retain its legitimacy.
Failure to give consent (or withdrawal of consent) may not guarantee the full provision of services or activities, with reference to the individual purposes for which consent is withheld.
Please note that with reference to the request for information, while consent to the processing of personal data remains free and optional, it is necessary for the request to be processed. Therefore, the sending of the request or equivalent manifestation of will shall be considered as the granting of consent, which shall always be revocable with the consequences outlined above.
When the data are no longer needed, they are routinely deleted; if deletion is impossible or only possible with disproportionate effort due to a particular storage method, the data may not be processed and must be stored in inaccessible areas.
9. Existence of automated decision-making (including profiling)
The use of purely automated decision-making processes as detailed in article 22 of the GDPR is currently excluded. Should it be decided in the future to establish such processes for individual cases, the Data Subject will be notified separately if this is required by law or updated in this policy.
10. Treatment modalities
Personal data will be processed in computerised and telematic form and entered into the relevant databases that may be accessed, and therefore become known, by the employees expressly designated by the Data Controller as Persons in charge of and authorised to process personal data, who may carry out consultation, use, processing, comparison and any other appropriate operation, including automated operations, in compliance with the provisions of the law necessary to guarantee, among other things, the confidentiality and security of the data as well as their accuracy, updating and relevance to the stated purposes.
This information notice and subsequent updates are available from the Controller, also by publication on the website www.5lex.it.
WHAT ARE COOKIES?
Cookies are small text strings that a website can send, while you are browsing, to your device (be it a PC, a notebook, a smartphone, a tablet; they are usually stored directly on the browser used for browsing). The same website that sent them can then read and record cookies that are on the same device to obtain various types of information. Which ones? For each type of cookie there is a well-defined role.
HOW MANY TYPES OF COOKIES EXIST?
There are three basic macro-categories, with different characteristics: technical cookies (which in turn can be divided into necessary or navigation cookies and functional cookies), analytical (or statistical) cookies and profiling cookies.
Technical cookies are generally necessary for the website to function properly and to allow navigation; without them you may not be able to view pages correctly or use certain services. For example, a technical cookie is needed to keep you logged in throughout your visit to a website, or to store language settings, display settings, and so on. Technical cookies can be further distinguished into:
• browsing cookies, which ensure normal navigation and use of the website (enabling, for example, a purchase to be made or authentication to access restricted areas);
• functionality cookies, which allow the user to navigate according to a set of selected criteria (e.g. language, products selected for purchase) in order to improve the service rendered to the user;
There are also the following categories of cookies:
• analytics cookies, which may be assimilated to technical cookies only where they are used directly by the site operator to collect information, in aggregate form, on the number of users and on how they visit the site itself, and where the further specific requirements set out in the aforementioned Guidelines, cited above, are met;
• profiling cookies are more sophisticated! These cookies have the purpose of profiling the user and are used in order to send advertising messages in line with the preferences expressed by the user while browsing.
Profiling and analytical cookies can also be called or classified as non-technical.
Cookies can, again, be classified as:
• session cookies, which are deleted immediately when the browser is closed;
• persistent cookies, which - unlike session cookies - remain in the browser for a set period of time. They are used, for example, to recognise the device connecting to the site by facilitating authentication operations for the user.
• first-part cookies, i.e. cookies generated and managed directly by the operator and/or owner of the website on which the user is browsing.
The Data Controller also USES THIRD-PARTY COOKIES on this website, ALSO INCLUDING MARKETING COOKIES THAT MAY BE CONSIDERED PROFILATION COOKIES.
In this regard, it is specified and anticipated that, with the exception of cookies or tracking tools defined as “Necessary” and therefore “Technical Cookies”, all other cookies (which are grouped into the following categories: “Preferences”, “Statistics” and “Marketing”, as well as any “Unclassified”) activated or installed through the aforementioned website may be at least partially included among the “NON-Technical Cookies” (therefore having, at least potentially, statistical and/or profiling purposes) and are therefore assimilated to the latter, as well as being optional and can only be activated following the prior choice or consent of the user/involved.”
Processing of data useful for navigation purposes
The computer systems and software procedures used to operate this website acquire, in the course of their normal operation, certain personal data whose transmission is implicit in the use of Internet communication protocols.
This information is not collected in order to be associated with identified Data Subjects, but by its very nature could, through processing and association with data held by third parties, allow users to be identified.
The information that may be collected includes IP addresses, the type of browser or operating system used, URI (uniform resource identifier) notation addresses, the domain name and addresses of the websites from which the request was made (referring/exit pages), the time the request was made to the server, the method used and information about the response obtained, further information about the user's navigation on the site (see also the section on cookies) and other parameters relating to the user's operating system and computer environment.
This same data could also be used to identify and ascertain liability in the event of any computer offences against the site.
Notice concerning children under 14 years of age
Children under the age of 14 may not provide personal data. the Firm shall not be liable in any way for any collection of personal data, as well as for any misrepresentation, provided by the minor, the Firm will facilitate the right of access and cancellation forwarded by the legal guardian or by the person exercising parental responsibility.
Changes and updates
This notice shows the date of its last update in its header.
Legal references on the rights of the Data Subject
The Data Subject's right of access
1. The Data Subject shall have the right to obtain from the controller confirmation as to whether or not personal data relating to him are being processed and, if so, to obtain access to the personal data and to the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular if they are recipients in third countries or international organisations;
(d) where possible, the expected period of retention of personal data or, if this is not possible, the criteria used to determine that period;
(e) the existence of the right of the Data Subject to request from the controller the rectification or erasure of personal data concerning him or her or to object to the processing of personal data concerning him or her;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the data are not collected from the Data Subject, all available information on their origin;
(h) the existence of an automated decision-making process, including profiling as referred to in Article 22(1) and (4), and, at least in such cases, meaningful information on the logic used, as well as the importance of such processing for the Data Subject and the envisaged consequences thereof.
2. Where personal data are transferred to a third country or an international organisation, the Data Subject shall have the right to be informed of the existence of appropriate safeguards within the meaning of Article 46 relating to the transfer.
The controller shall provide a copy of the personal data undergoing processing. Where further copies are requested by the Data Subject, the controller may charge a reasonable fee based on administrative costs. If the Data Subject makes the request by electronic means, and unless otherwise specified by the Data Subject, the information shall be provided in a commonly used electronic format.
4. The right to obtain a copy referred to in paragraph 3 shall not infringe the rights and freedoms of others.
Right of rectification
The Data Subject shall have the right to obtain from the controller the rectification of inaccurate personal data concerning him/her without undue delay. Taking into account the purposes of the processing, the Data Subject has the right to obtain the integration of incomplete personal data, also by providing a supplementary declaration.
Right to erasure (“right to be forgotten”)
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/her that
concern them without undue delay, and the controller is obliged to erase the personal data without undue delay, if one of the following grounds exists:
(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 the consent on which the processing is based in accordance with article 6(1)(a) or article 9(2)(a) and if there is no other legal basis for the processing;
(c) the Data Subject objects to the processing pursuant to article 21(1) and there is no overriding legitimate ground for processing, or objects to the processing pursuant to article 21(2);
(d) personal data have been unlawfully processed;
(e) the personal data must be erased in order to comply with a legal obligation under European Union or Member State law to which the controller is subject;
(f) the personal data were collected in connection with the offering of information society services as referred to in article 8(1).
2. Where the controller has made personal data public and is obliged under paragraph 1 to erase them, the controller shall, taking into account available technology and the costs of implementation, take reasonable steps, including technical measures, to inform the controllers who are processing the personal data of the Data Subject's request to erase any link, copy or reproduction of his or her personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that the processing is necessary:
(a) for the exercise of the right to freedom of expression and information;
(b) for compliance with a legal obligation to which the processing is subject under European Union or Member State law 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 field of public health in accordance with article 9(2)(h) and (i) and article 9(3);
(d) for archiving in the public interest, scientific or historical research or statistical purposes in accordance with article 89(1), insofar as the right referred to in paragraph 1 is likely to render impossible or seriously jeopardise the attainment of the objectives of such processing; or
(e) for the establishment, exercise or defence of legal claims.
Right of restriction of processing
1. The Data Subject shall have the right to obtain from the controller the restriction of processing when one of the following cases occurs:
(a) the Data Subject contests the accuracy of the personal data, for the period necessary for the controller to verify the accuracy of such personal data;
b) the processing is unlawful and the Data Subject objects to the deletion of the personal data and requests instead that their use be restricted;
(c) although the data controller no longer needs them for the purposes of processing, the personal data are necessary for the establishment, exercise or defence of legal claims by the Data Subject;
(d) the Data Subject has objected to the processing pursuant to article 21(1), pending verification as to whether the legitimate reasons of the controller prevail over those of the Data Subject.
2. Where processing is restricted pursuant to paragraph 1, such personal data shall, except for storage, only be processed with the consent of the Data Subject or for the establishment, exercise or defence of legal claims or the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.
3. A Data Subject who has obtained a restriction of processing pursuant to paragraph 1 shall be informed by the controller before that restriction is lifted.
Obligation to notify in case of rectification or erasure of personal data or restriction of processing
The controller shall communicate to each of the recipients to whom the personal data have been transmitted any rectification or erasure or restriction of processing carried out pursuant to article 16, article 17(1) and article 18, unless this proves impossible or involves a disproportionate effort. The controller shall inform the Data Subject of such recipients if the Data Subject so requests.
Right to data portability
1. The Data Subject shall have the right to receive in a structured, commonly used and machine-readable format the personal data concerning him/her that he/she has provided to a data controller and shall have the right to have those data transmitted to another data controller without hindrance by the data controller to whom he/she has provided them if:
(a) processing is based on consent within the meaning of article 6(1)(a) or article 9(2)(a) or on a contract within the meaning of Article 6(1)(b): and
(b) the processing is carried out by automated means.
2. When exercising his or her data portability rights pursuant to paragraph 1, the Data Subject shall have the right to obtain the direct transmission of personal data from one controller to another, if technically feasible.
3. The exercise of the right referred to in paragraph 1 of this article shall be without prejudice to article 17, This 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 paragraph 1 shall not infringe the rights and freedoms of others.
Right of opposition
1. The Data Subject shall have the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data relating to him or her pursuant to points (e) or (f) of article 6(1), including profiling on the basis of those provisions, The controller shall refrain from further processing the personal data unless he or she can demonstrate 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 the processing of personal data concerning him/her carried out for such purposes, including profiling insofar as it is related to such direct marketing.
3. If the Data Subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. 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 at the latest at the time of the first communication with the Data Subject.
5. In the context of the use of information society services and without prejudice to Directive 2002/58/EC, the Data Subject may exercise his/her right to object by automated means using specific techniques.
6. Where personal data are processed for scientific or historical research purposes or for statistical purposes pursuant to article 89(1), the Data Subject shall have the right, on grounds relating to his or her particular situation, to object to the processing of personal data relating to him or her, except where the processing is necessary for the performance of a task carried out in the public interest.
Automated decision-making process concerning natural persons, 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 significantly affects him or her in a similar way.
2. Paragraph 1 shall not apply in the event that the decision:
(a) is necessary for the conclusion or performance of a contract between the Data Subject and a data controller;
(b) is authorised by Union law or by the law of the Member State to which the data controller is subject, which also lays down appropriate measures to protect the rights, freedoms and legitimate interests of the Data Subject;
(c) is based on the explicit consent of the Data Subject.
In the cases referred to in paragraph 2(a) and (c), the controller shall implement appropriate measures to protect the rights, freedoms and legitimate interests of the Data Subject, at least the right to obtain human intervention by the controller, to express his or her views and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on the special categories of personal data referred to in article 9(1), unless article 9(2)(a) or (g) applies and appropriate measures are in place to protect the rights, freedoms and legitimate interests of the Data Subject.