Privacy Policy

PREMISE

This information takes into account the provisions of the GDPR and the Privacy Code (Legislative Decree No. 196 of 30 June 2003). The document has also been drafted based on the Guidelines of the Italian Data Protection Authority (especially the Anti-Spam Guidelines issued by the Privacy Authority on July 4, 2013).

Data Controller: Timetek s.r.l. – Via Sandro Pertini, 25 – 65129 Pescara – Tel: +39 338 1553925 – Email: info@timetek.it

Website to which this privacy policy refers: https://www.watchandcheck.com (Site).

The Data Controller has not appointed a DPO. Therefore, you can send any request for information directly to the Data Controller.

GENERAL INFORMATION

This document describes how the Data Controller processes your personal data provided on the Site.

The main processing operations of your personal data are described below. In particular, the legal basis of the processing, whether providing data is mandatory, and the consequences of not providing personal data are explained. To best describe your rights, where necessary, we have specified whether and when a particular processing of personal data is not carried out. On the Site, you have the possibility to enter personal data of third parties. In this case, you guarantee that you have obtained consent from these parties for the entry of this personal data. Therefore, you undertake to indemnify and hold harmless the Data Controller from any liability.

Registration on the Site

The information and data requested during registration will be used to allow you both to access the reserved area of the Site and to use the online services offered by the Data Controller to registered users. The legal basis for the processing is the necessity for the Data Controller to execute pre-contractual measures adopted at the request of the data subject. Providing data is optional. However, your possible refusal to provide data will result in the impossibility of registering on the Site. On the Site, it is also possible to register using external services. In this case, your registration data will be shared with the companies providing these external services solely to allow registration on the Site. The legal basis for this processing is the legitimate interest of the Data Controller to allow registration on the Site through external services. The provision of personal data for this purpose is purely optional. Failure to consent to the data processing will, however, result in the impossibility of registering via external services.

Purchases on the Site

Your personal data will be processed to allow you to make purchases on the Site. In the case of placing an online purchase order, to allow the conclusion of the purchase contract and the correct execution of the operations connected to it (and, if necessary based on sector regulations, to fulfill fiscal obligations). The legal basis for the processing is the obligation of the Data Controller to execute the contract with the data subject or to fulfill legal obligations. Regardless of the above (and therefore of your consent), the Data Controller may process your data for so-called 'soft-spam' purposes, governed by art. 130 of the Privacy Code. This means that limited to the email you provided in the context of a purchase through the Site, the Data Controller will process the email to allow the direct offer of similar products/services, provided that you do not object to such processing in the manner provided for in this information notice. The legal basis for the processing is the legitimate interest of the Data Controller to send this type of communication. This legitimate interest can be considered equivalent to the interest of the data subject in receiving 'soft-spam' communications. The Data Controller may send emails to remind the user to complete a purchase. The legal basis for this processing is the legitimate interest of the Data Controller to send this type of communication.

Responding to your requests

Your data will be processed to respond to your requests for information. Providing data is optional, but your refusal will make it impossible for the Data Controller to answer your questions. The legal basis for the processing is the legitimate interest of the Data Controller to follow up on user requests. This legitimate interest is equivalent to the user's interest in receiving a response to communications sent to the Data Controller.

Generic marketing

With your consent, the Data Controller may process the personal data you provide in order to send you advertising material and/or newsletters relating to its own products or those of third parties. The legal basis for this processing is your consent. The provision of personal data for this purpose is purely optional. Failure to consent to the processing of data for marketing purposes will result in the impossibility for you to receive advertising material relating to products/services of the Data Controller and/or third parties, as well as the impossibility for the Data Controller to carry out market research, including those aimed at evaluating user satisfaction, and to send you newsletters.

Profiling

With your consent, the Data Controller may process your personal data for profiling purposes, i.e., for the analysis of your consumption choices through the detection of the type and frequency of purchases made by you, in order to send you advertising material and/or newsletters relating to its own products or those of third parties, of specific interest to you. The legal basis for this processing is your consent. The provision of data for this purpose is purely optional. Failure to consent to the processing of your personal data for profiling purposes will result in the impossibility for the Data Controller to elaborate your commercial profile, by detecting your purchasing choices and habits, and to send you advertising material relating to products of the Data Controller and/or third parties of specific interest to you.

Transfer of data

The Data Controller does not transfer your personal data to third parties.

Geolocation

When accessing the Site, you may receive a notification on your device (desktop and/or mobile) that will give you the option to allow or not allow the identification of the device itself (so-called geo-localization). You may freely allow or refuse this setting, without this causing substantial changes to the functionality of the Site. You can change the geolocation settings at any time through your device settings. The legal basis for the processing consists of the legitimate interest of the Data Controller to provide services relevant to the user's location. This legitimate interest is equal to the user's interest in receiving services as relevant as possible to their location.

Communication of personal data

In the context of its ordinary activities, the Data Controller may communicate your personal data to certain categories of subjects. In Article 2, you can find the list of subjects to whom the Data Controller communicates your personal data. To facilitate the protection of your rights, Article 2 may specify in some cases when your data is not communicated to third parties.

The "communication" of personal data to third parties is different from the "transfer" (governed in the preceding point). In fact, in communication, the third party to whom the data is transmitted can only use it for the specific purposes described in the relationship with the Data Controller. In transfer, however, the third party becomes an autonomous Data Controller of the personal data. Furthermore, your consent is always required to transfer your personal data to third parties.

Without prejudice to the foregoing, it is understood that the Data Controller may still use your personal data to properly fulfill the obligations required by applicable laws.

SPECIFIC PRIVACY INFORMATION

Art. 1 Methods of processing

1.1 The processing of your personal data will be mainly carried out with the aid of electronic or otherwise automated means, according to methods and with tools suitable to guarantee its security and confidentiality in compliance with the GDPR. If the automatic chatbot service is operational, your personal data will also be processed to allow the activation of this service, through which the user can contact and be contacted by the Data Controller, upon consent. The legal basis is the legitimate interest of the Data Controller to respond to user requests via the chatbot service. This legitimate interest can be considered equivalent to the interest of the data subject in using the automatic chatbot service.

1.2 The information acquired and the processing methods will be relevant and not excessive in relation to the type of services provided. Your data will also be managed and protected in secure IT environments appropriate to the circumstances. On the Site, you will have the possibility to create a public profile where other users can view the material you have published and your personal data (e.g., photographs or videos). Therefore, you acknowledge and agree that the Data Controller is not responsible for the use that users may make of this material and your personal data.

1.3 "Particular data" is not processed through the Site. Particular data is that which may reveal racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership in parties, trade unions, associations or organizations of a religious, philosophical, political or trade union nature, as well as health status and sexual life.

1.4 Judicial data is not processed through the Site.

Art. 2 Communication of personal data

The Data Controller may communicate your personal data to specific categories of subjects. Below are the subjects to whom the Data Controller reserves the right to communicate your data:

• The Data Controller may communicate your personal data to all those subjects (including Public Authorities) who have access to personal data by virtue of regulatory or administrative provisions.
• Your personal data may also be communicated to all those public and/or private subjects, natural and/or legal persons (legal, administrative and tax consultancy firms, Judicial Offices, Chambers of Commerce, Chambers and Labor Offices, etc.), if the communication is necessary or functional to the correct fulfillment of obligations arising from the law.
• The Data Controller employs employees and/or collaborators in any capacity. For the proper functioning of the Site, the Data Controller may communicate your personal data to these employees and/or collaborators.
• In its ordinary activity of managing the Site, the Data Controller uses companies, consultants or professionals in charge of the installation, maintenance, updating and, in general, management of the Data Controller's hardware and software or that it uses for the provision of its services. Therefore, only with reference to these purposes, your data may also be processed by these subjects.
• To send its communications, the Data Controller uses external companies in charge of sending this type of communication (CRM platforms). Your personal data (in particular your email) may therefore be communicated to these companies.
• The Data Controller does not use external companies to provide the customer care service.

The Data Controller reserves the right to modify the above list based on its ordinary operations. Therefore, you are invited to regularly access this information to check to which subjects the Data Controller communicates your personal data.

Art. 3 Retention of personal data

3.1 This article describes how long the Data Controller reserves the right to retain your personal data.

• For marketing purposes, personal data will be retained until the possible withdrawal of consent. For inactive users, personal data will be deleted after one year from the sending of the last email possibly viewed.
• For customer care purposes, data will be deleted once the assistance service is completed.
• For the purpose of executing the sales contract, data will be retained for 10 years from the date of receipt of the purchase order. This is to allow the Data Controller to exercise its right of defense and to demonstrate that it has correctly executed the contract.
• As provided for by Article 2220 of the Italian Civil Code, invoices, as well as all accounting records in general, are kept for a minimum period of ten years from the date of registration, so that they can be presented in case of inspection.

3.2 Without prejudice to the provisions of Article 3.1, the Data Controller may retain your personal data for the time required by specific regulations, as amended from time to time.

Art. 4 Transfer of personal data

4.1 The Data Controller is established within the European Union. Therefore, the processing of your data is safe from a regulatory point of view as it is governed by the GDPR. If the transfer of your personal data takes place to a non-EU country for which the European Commission has issued an adequacy decision, the transfer is in any case considered safe from a regulatory point of view. This Article 4.1 indicates from time to time the countries to which your personal data may eventually be transferred and where the European Commission has issued an adequacy decision.

4.2 Your data is not transferred to countries outside the European Union.

4.3 In this article, the Data Controller indicates the countries to which it possibly specifically directs its activity. This circumstance may imply the application of the legislation of the country of reference, together with that of the GDPR.

• At the user's request, the Data Controller will apply to the processing of personal data any more favorable legislation provided for by the user's national legislation.

Art. 5. Rights of the data subject

Pursuant to art. 13 of the Privacy Regulation, the Data Controller informs you that you have the right to:

• request from the Data Controller access to your personal data and the rectification or erasure of the same or the restriction of processing concerning you or to object to their processing, in addition to the right to data portability
• withdraw consent at any time without affecting the lawfulness of processing based on consent given before its withdrawal
• lodge a complaint with a supervisory authority (e.g., the Italian Data Protection Authority).

The above rights may be exercised by making a request without formalities to the contacts indicated in the Premise.

Art. 6. Changes and Miscellaneous

The Data Controller reserves the right to make changes to this information at any time, giving appropriate notice to users of the Site and in any case guaranteeing adequate and similar protection of personal data. In order to view any changes, you are invited to consult this information regularly. In case of substantial changes to this privacy information, the Data Controller may also give notice via email.