Privacy Policy

Effective date: November 30th, 2020

This privacy policy describes how Molteni&C. S.p.a. (hereinafter “Molteni” or “we” or “our”) collects, uses, shares, and protects personal information. It also tells you about the rights and choices you have with respect to your personal information, and how you can reach us to get answers to your questions. This privacy policy is provided according to Regulation (EU) no. 2016/679 (hereinafter the “General Data Protection Regulation” or “GDPR”) – in particular artt. 14 GDPR –, as well as the relevant US privacy provisions (e.g. Federal “Telephone Consumer Protection Act” – “TCPA”; the “California Consumer Privacy Act Notice” – “CCPA”), the best practices (e.g. recommendations for businesses and policy makers “Protecting Consumer Privacy in an era of rapid change” released in 2012 by the Federal Trade Commission), other than the relevant US Federal and State provisions applying to the specific purposes pursued by Molteni.

 

  1. DATA CONTROLLER

Molteni&C. S.p.a. with registered address at Via Rossini 50 – Giussano (MB), Italy, duly represented by the Legal Representative. You can reach the Data Controller at the following contacts: T +39 0362 3591 – F +39 0362 354448 – email: privacy@molteni.it.

 

  1. CATEGORIES OF PERSONAL DATA PROCESSED

This privacy policy covers the “personal information” that Molteni processes about you for the activation and use of the gift card you received. When we use the term “personal information” we are referring to information that identifies, relates to, describes or can be associated with you.

 

An identifiable natural person is one who “can directly or indirectly be identified, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier or to one or more specific factors to the physical, physiological, genetic, mental, economic, cultural or social identity” (article 4 par. 1.1 GDPR).

 

The personal data that we process for the purposes mentioned here below are specifically:

  • Name and surname;
  • Contact details (e.g. phone number, e-mail address);
  • Job Title.

 

2.1. SOURCE OF PERSONAL DATA PROCESSED

The data we process are communicated to Molteni&C S.p.A. from Facebook Inc.

 

  1. HOW WE USE YOUR PERSONAL INFORMATION: PURPOSES OF PROCESSING, LEGAL BASIS FOR THE PROCESSING AND DATA RETENTION PERIOD

 

  1. A) PURPOSES OF PROCESSING FOR Providing our Molteni Home service: to perform the service you requested, we need to process your data and to share them with our local dealer (i.e. the owner of the shop nearest to you) to fix an online appointment.

LEGAL BASIS FOR THE PROCESSING: Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, par. 1 letter b GDPR)

DATA RETENTION PERIOD: 10 years starting from the supply of the service

 

  1. B) PURPOSES OF PROCESSING FOR Profiling: your personal data will be stored in our CRM/platforms for internal analysis. We will also cluster personal data in homogeneous groups according to your data and preferences in order to ensure a better organization of Molteni’s services and for sending you tailored promotional communications.

LEGAL BASIS FOR THE PROCESSING: We will proceed with profiling activities if you allow us to do so by giving your express consent. User’s consent (art. 6, par 1 letter a GDPR – Recitals 42 and 43 GDPR).

DATA RETENTION PERIOD: Until consent withdrawal/opt-out (by contacting us as described in par. 7 of this Privacy Policy) and, in any case, no later than 12 months.

 

  1. C) PURPOSES OF PROCESSING FOR Direct marketing via email/ messages via social networks/sponsorship/paper email
  • dispatch of informational and promotional communications about our products to the email address provided.
  • dispatch of promotional or direct sale material; market researches; dispatch of commercial communications and newsletter, both by automated (email or messages sent via social networks or sponsorship) and traditional means (paper mails through our partners, appointed as Data Processor as per art. 28 GDPR).

Communications may contain third parties’ promotional activities and/or third parties’ logo(s) (our partners belong to the following sectors: no profit; agriculture, forestry and fishing; manufacturing; suppliers of electricity, gas, steam and air conditioning; construction; wholesale and retail; repair of motor vehicle and warehousing; accomodation and food services; information and communication activities; financial and insurance activities; real estate activities; professional, scientific and technical activities; rental, travel agencies, support services to businesses; public administration; instruction; artistic, sports, entertainment activities; other service activies).

For the complete list of the abovementioned third parties, please contact Molteni at privacy@molteni.it. We will not share any personal data with third parties for this purpose of processing.

The Data Controller, in order to compare and eventually implement the results of communications, uses systems to send newsletters and promotional communications with reports. Through these reports, the Data Controller may eventually know, for instance: number of readers, openings, unique “clickers” and clicks; the devices and operating system used to read the communication; details concerning the activity of single users; details of emails sent, received and forwarded; All these Data are used in order to compare and eventually implement the results of communications.

LEGAL BASIS FOR THE PROCESSING: You will be subject to the aforesaid direct marketing activities only with your prior consent. User’s consent (art. 6, par 1 letter a GDPR – Recitals 42 and 43 GDPR).

DATA RETENTION PERIOD: Until consent withdrawal/opt-out (by contacting us as described in par. 7 of this Privacy Policy)

 

  1. D) PURPOSES OF PROCESSING FOR Communication/transfer of personal data to the companies within Molteni Group (parent company, controlled companies, linked or affiliated companies) for direct marketing and profiling purposes. For more details on such transfers, please contact Molteni at privacy@molteni.it.

LEGAL BASIS FOR THE PROCESSING: Personal data provided will be communicated/transferred only with your prior consent. User’s consent (art. 6, par 1 letter a GDPR – Recitals 42 and 43 GDPR).

DATA RETENTION PERIOD: Until consent withdrawal/opt-out (by contacting us as described in par. 7 of this Privacy Policy)

 

  1. E) PURPOSES OF PROCESSING FOR Communication/transfer of personal data to our local dealer you met, for direct marketing purposes. For more details on such transfers, please contact Molteni at privacy@molteni.it.

LEGAL BASIS FOR THE PROCESSING: Personal data provided will be communicated/transferred only with your prior consent. User’s consent (art. 6, par 1 letter a GDPR – Recitals 42 and 43 GDPR).

DATA RETENTION PERIOD: Until consent withdrawal/opt-out (by contacting us as described in par. 7 of this Privacy Policy)

 

  1. SHARING PERSONAL INFORMATIONS – CATEGORIES OF RECIPIENTS

We share your personal information as specified in par. 2 of this Privacy Policy with employees and/or staff acting under the Data Controller’s authority (duly instructed for the former purposes, also according to article 29 GDPR), as well as third parties contractually linked to Molteni, in order to fulfill contractual obligations and achieve one or more of the aforesaid purposes of processing. In particular, we disclose personal information to the following categories of recipients:

– companies within Molteni Group;

– subjects belonging to the distribution network of Molteni (such as: dealers; shipping agencies; etc.);

– subjects providing services concerning information system management and communication networks management necessary to perform our processing activities (including e-mail, web platforms, cloud and software);

– web agencies and, generally speaking, companies that support the Data Controller in carrying out promotional activities;

– offices or companies in the context of assistance and consultancy relationships;

– relevant authorities in order to comply with legal obligations and/or provisions of public bodies, upon request.

With specific regard to GDPR, please note that the abovementioned recipients could act as Data Processor (appointed pursuant to art. 28 GDPR) or as separate Data Controller. The complete list of the recipients is regularly updated and available upon request at the contact details indicated paragraph 1. of this Privacy Policy.

In the preceding 12 months we have not sold any personal information.

 

  1. TRANSFERS OF PERSONAL DATA TO THIRD COUNTRIES

In order to fulfill the purposes A), B), C), D) and E) of above, personal data will be transferred to/from extra EU countries (e.g. in the USA in order to ensure a direct contact with our local dealer). In that case, they will be processed according to article 44 et seq. GDPR in order to carry out the purposes of processing, as described in paragraph 3 of this privacy policy. For more details on such transfers, please contact us at privacy@molteni.it.

 

  1. PROVISION OF PERSONAL DATA

Except for personal data voluntarily provided in order to perform the Molteni Home service (purpose A), data subjects are free to provide their personal data.

Namely, provision of personal data for profiling (purpose B); and/or direct marketing purposes via automated means (purpose C of this Privacy Policy); and/or communication/transfer of personal data to the companies within Molteni Group (purpose D); and/or communication/transfer of personal data to our local dealer you met (purpose E) is optional and totally free. Hence, if you do not give your consent:

  • for profiling activities (purpose B of this Privacy Policy): we will not send you tailored promotional communications;
  • for direct marketing purpose via email, messages, social networks/sponsorship and paper mails (purpose C of this Privacy Policy), we will not be able to contact you through these channels;
  • for communication/transfer of personal data to the companies within Molteni Group (purpose D of this Privacy Policy): we will not share your personal data;
  • for communication/transfer of personal data to our local dealer (purpose E of this Privacy Policy): we will not share your personal data.

Your eventual consent withdrawal (for purpose B and/or C and/or D and/or E of this Privacy Policy) will not affect the lawfulness of the processing based on the consent previously given.

 

  1. YOUR RIGHTS REGARDING PERSONAL DATA

 

  • GENERAL INFORMATION

Molteni is committed to protecting your rights. In order to exercise them, as described here below, please contact us at privacy@molteni.it. You have the right, at any time, to obtain from Molteni the access to your personal data (article 15 GDPR), request their rectification (article 16 GDPR), their erasure (article 17 GDPR) or restriction of their processing (article 18 GDPR). Furthermore, you have the right to object anytime to your personal data processing (article 21 GDPR), as well as the right not to be subject to automated processing, including profiling, without your prior consent (article 22 GDPR) voluntarily provided. Finally, you have the right to data portability, if applicable (article 20 GDPR). Furthermore, you have the right to lodge a complaint with the relevant Supervisory Authority.

You are also entitled to exercise some of the above-mentioned rights (e.g. right of access, deletion, rectification, data portability) in accordance with the existing relevant US national law/provisions (mainly: according to your US country of residence). For further information, please contact us at privacy@molteni.it.

 

  • INFORMATION FOR CALIFORNIA RESIDENTS

If you are a California resident, under the “California Consumer Privacy Act Notice” (“CCPA”), you have the right to request that we disclose to you (i) the categories of personal information we collected about you and the categories of sources from which we collected such information; (ii) the specific pieces of personal information we hold about you; (iii) the business or commercial purpose for collecting personal information about you; and (iv) the categories of personal information about you that we shared or disclosed and the categories of third parties with whom we shared or to whom we disclosed such information in the preceding 12 months. According to the CCPA, please note that the personal information listed in Par. 2 of above refers to personal information that we have collected directly from you within the last 12 months).

California residents have also the right: a) to request that we delete personal information we collected from them, subject to certain exceptions (e.g. provide a good/service requested by you, or otherwise perform a contract between you and us); b) not to be discriminated in pricing and services because you exercised any of your rights under the CCPA; c) to opt out of the processing of your personal information at any time following the instructions “How to Withdraw the Consent Previously Given” below. We will handle requests under applicable law in California.

We will respond to written rights requests within 45 days following receipt at the e-mail address above. If we receive your request at a different e–mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are only required to respond to each customer twice per consecutive 12-month period.

 

  • HOW TO WITHDRAW THE CONSENT PREVIOUSLY GIVEN (OPT-OUT)

According to the US law, to stop receiving direct marketing you can write an e-mail at any time to the address privacy@molteni.it. with the subject “unsubscribe from direct marketing“, or use our automatic unsubscribe systems (only for email) and you will no longer be disturbed by us.

To stop receiving only direct marketing via email/ messages, via social networks/sponsorship or paper email (purpose C of the Privacy Policy), please specify that request in your email.

In order to oppose against profiling (purpose B of the Privacy Policy) and/or transmission to companies within Molteni Group (purpose D of the Privacy Policy) and/or our local dealer (purpose E of the Privacy Policy), it will be sufficient to write an e-mail to privacy@molteni.it. at any time with the subject “no profiling” or “no sharing of my personal data”.

 

  1. CHANGES TO THIS PRIVACY POLICY

We may revise this privacy policy from time to time. We will notify you of changes by posting the effective date of the latest version at the top of this privacy policy.