Privacy Policy Switzerland – Gruppo Fabbri

Dear User,

Gruppo Fabbri (Svizzera) SA with registered offices in Via ai Molini 3, 6933 Muzzano, Switzerland, as Data Controller (hereinafter: “Gruppo Fabbri” or the “Data Controller”) considers privacy and the data protection one of its main goals. This document has been drafted pursuant to the Swiss Federal Act on Data Protection and its Ordinances (hereinafter: “Law” or “FADP”) in order to allow you to know about our policy concerning privacy. We therefore invite you to read this Privacy Policy carefully before communicating any personal data to the Controller, as it contains important information on the protection of your personal data. This Privacy Policy is intended for the www.gruppofabbri.com website (hereinafter also only the “Website”) and is an integral part of the services offered through the Website. Please note that this Privacy Policy does not apply to the processing of personal data carried out through email addresses linked to third parties (i.e., companies belonging to the Gruppo Fabbri network) and published on the Website. For data processing carried out through these contact channels, we invite you to check the privacy policies of such third parties.

The processing of your personal data will be based on the principles of fairness, lawfulness, transparency, purpose and storage limitation, proportionality, data minimization and accuracy, integrity and confidentiality, as well as data security and the principle of accountability. Your personal data will therefore be processed in accordance with the legal provisions of the Law and the confidentiality obligations provided therein.

By processing of personal data, we mean processing in the sense of the Law, including any operation or set of operations, carried out with or without the aid of automated processes and applied to personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, diffusion or any other form of making available, comparison or interconnection, limitation, deletion or destruction.

INDEX 

1. Data controller
2. Personal Data we process
a) Browsing data
b) Data provided voluntarily by the user and third-party data
c) Reserved Area for Customers
d) Reserved Area for Service Centers
e) Spare parts purchasing
f) Cookies
3. Purpose of processing
4. Legal basis and mandatory or optional nature of the provision of data
5. Recipients of Personal Data
6. International transfers of Personal Data
7. Storage of Personal Data
8. Exercising data protection rights
9. Changes to this privacy policy
10. Contact information

Data controller
The “Data Controller” for the processing of your personal data is Gruppo Fabbri as defined above.

Personal Data we process
After you browse the Website, Gruppo Fabbri will process certain personal data belonging to you, which may in particular consist of an identifier such as a name, identification number, on-line identifier or one or more characteristic elements of your physical, physiological, psychological, economic, cultural or social identity, which make it possible to identify you as the Data Subject (hereinafter, simply the “Personal Data”). The Personal Data we process are the following:

a) Browsing data
In their normal operation, the computer systems and software procedures used to operate the Website acquire certain Personal Data whose transmission is implicit in the use of Internet communication protocols. This is information not collected for association with identified data subjects, but information which, by its very nature could, through processing and association with data held by third parties, permit the identification of users. This category of data includes IP addresses or domain names of the computers used by users connecting to the Website, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the user’s operating system and IT environment. This data is used in the form of server side “logs” for the sole purpose of obtaining information on the use of the Website and to check its correct operation, to permit – given the architecture of the systems used – the correct provision of services, security and to ascertain liability in the event of possible cyber-crime against the Website or third parties; this data is processed in accordance with the FADP and kept for the time strictly necessary to achieve the aforementioned purpose. Such personal data is stored for fifteen (15) days.

b) Data provided voluntarily by the user and third-party data
The Website allows users to provide personal information voluntarily, for example, through registration on the Website contact forms, requests for services or information, and the facultative, explicit and voluntary transmission of e-mails to the addresses listed on the Website,etc. This Privacy Policy therefore applies to the processing of any Personal Data voluntarily provided through the Website. This category also includes Personal Data disclosed to the Data Controller in the context of the use of social networksand interaction with the Fabbri Vignola Group, such as in the case of LinkedIn.

Should you provide third-party data in the use of these areas of the Website – for example, by filling in the “reason of your request” field in the contact form on the Website -, you act as an independent data controller, and therefore assume all relevant legal obligations and responsibilities. As such, you will be required to fully indemnify Gruppo Fabbri against any complaint, claim or demand for compensation for damages caused to any third party whose Personal Data has been processed through your use of the Website in violation of applicable data protection laws. In any case, should you provide or otherwise process third party Personal Data in your use of the Website, you must guarantee – assuming all related responsibilities – that you are authorized to do so and that this data is correct and, insofar as a legal obligation to provide information applies, you have ensured that these persons are informed about this disclosure (e.g. by informing them in advance of this data protection policy).

c) Reserved Area for Customers
Your e-mail address, password and an identification code will be collected in the “Reserved Area for Customers” of the Website in order to allow you to register in Gruppo Fabbri’s customer area and provide you with access credentials which you must change at the first login.

After logging into this area of the Website, you will be able to consult a section dedicated to technical and information sheets of the products purchased from Gruppo Fabbri.

d) Reserved Area for Service Centers
If you are a Gruppo Fabbri employee or a collaborator of a service center (hereinafter “SC”) you will be provided with credentials to access your personal area. You must change your password the first time you log in to the Website.

If you have received credentials to access this area as a collaborator of a SC, after authentication, you will be able to access your personal area to manage the activities performed during a service intervention on behalf of Gruppo Fabbri, as well as all service orders, shipments, scheduled maintenance activities, the order book, and in general, all interventions on the Data Controller’s clients that are entrusted to you.

e) Spare parts purchasing
If you are a customer of Gruppo Fabbri, you will be provided with credentials to access the “Spare parts purchasing”section of the Website. You must change your password the first time you log in to the Website. By logging in this area of the Website, you will display the spare parts catalog and the prices reserved for you; you will also be able to purchase products that you are interested in.
Please note that it is not possible to make online payments through this section of the Website: you will only be able to generate a product order. You will then receive of a communication from Gruppo Fabbri containing all the necessary information to finalize your order, including information on payment methods.

f) Cookies and similar technologies

Definitions, characteristics and application of the legislation

Cookies are text files containing minimal information that are sent to your browser and stored on your computer, cell phone or other device every time you visit a website. At each link, the cookie sends the information back to the referring site.

Through the use of cookies, Websites remember your actions and preferences (such as, for example, login data, the chosen language, font size, other display settings, etc.) to avoid having to enter them again when you return to the Website or browse its pages. Cookies are mainly used for authentication purposes, session monitoring and to save information on the activities of users and may also contain a unique identification code that tracks the activities of users while browsing the Website itself, for statistical or advertising purposes. While browsing a website, you may also receive cookies from websites or web servers different to the one you are currently browsing (known as “third-party” cookies). Some operations would be impossible without the use of cookies, which in certain cases are technically necessary for the Website to operate.

There are various types of cookies with different characteristics and functions, which can remain on your computer for different periods of time: session cookies, for example, are automatically deleted when the browser is closed; persistent cookies, on the other hand, remain on your device for a predetermined length of time.

According to current legislation, the use of cookies does not always require your consent. In particular, “technical cookies”cookies used for the sole purpose of transmitting a communication over an electronic communications network, or to the extent strictly necessary to provide a service explicitly requested by the user (for example, for authentication, language preferences), do not require this consent. In short, these cookies are either essential for the operation of the Website, or necessary for the activities requested by the user.

The technical cookies do not require express consent of the user to be installed.

On the other hand, “profiling cookies”, meaning cookies that are used to create user profiles and send advertising messages corresponding to the preferences expressed by the users while browsing the internet, we require the prior consent of users.

Types of cookies used by the Website and the possibility to enable/disable them

Except for third-party cookies, for which you should refer directly to the corresponding disable/enable procedures indicated in the links below, the Website uses the following cookies, which can be disabled:

– Technical browsing or session cookies are strictly necessary for the operation of the Website or to permit use of the requested content and services;
– Technical analytics cookies
– Functionality cookies are used to enable specific functions of the Website and a series of selected criteria (for example, the language) to improve the service.

This Website uses third-party cookies, meaning cookies from websites or web servers other than this Website for the purposes of such third parties. Please note that these third parties, listed below with links to their privacy policies, are typically independent data controllers for all data collected through the cookies they serve, or act as data processors.

The Cookies sent through the Website are listed in the Cookie Policy.

How to display and manage cookies

You can select which cookies you wish to enable through the cookie control panel, as well as enable, block or delete cookies (entirely or in part) using the specific functions of your browser: however, if you disable technical and/or functional cookies, the Website may not be available, or some of its services or functions may not work properly, and you will have to modify or enter certain information or preferences manually each time you visit the Website. You can obtain more information on how to set your cookie preferences on your browser through the following links:

• Internet Explorer
• Firefox
• Chrome
• Safari
• Microsoft Edge

You can also use the AdChoices tool provided by the Digital Advertising Alliance or the YourOnlineChoice tool provided by European Interactive Digital Advertising Alliance.

3. Purpose of processing

Your Personal Data will be processed by Gruppo Fabbri for the following purposes:

1. E.g. contact details, including name, contact person, addresses, e-mail addresses: to permit provision of the requested services (for example, to respond to a request for contact, information, request assistance, including customer assistance services, also submitted through the Website contact forms, the Reserved Area for Customers or the Spare parts purchasing section  etc.), and permit browsing of the Website (“Provision of Services”);

2. E.g. contact details, including name, contact person, addresses, e-mail addresses, as well as identification number, on-line identifier: to conduct marketing activities, such as surveys and market research, and send information and promotional material on the activities, products and services of Gruppo Fabbri. If you consent to receiving information on promotional activities, including market research, we inform you that these activities may be conducted, as required by current regulations, by mail, phone (“traditional methods”), as well as e-mail, SMS-type messages and via social networks (“automated methods”). We likewise inform you that you can revoke  your  previously given consent by traditional or automated methods at any time, by writing informally to the Data Controller at privacy@gruppofabbri.com, or through the link at the bottom of our commercial e-mails, without prejudice to the lawfulness of processing carried out prior to revocation of your consent (“Marketing“);

3. E.g. contact details, including name, contact person, addresses, e-mail addresses, as well as order details and order history: to send commercial communications and conduct direct marketing campaigns via e-mail for similar products and services to the ones you purchase, unless you explicitly refuse to receive such communications when requesting a service or purchasing a product, or at a later date by writing to privacy@gruppofabbri.com (“E-Mail-Marketing”);

4. E.g. contact details, including name, contact person, addresses, e-mail addresses, as well as order details and order history, payment details: to fullfil any obligations under applicable laws, regulations or community legislation, or comply with requests by authorities (“Compliance”);

5. to communicate your Personal Data to our branch-office or network company located in the Country of your choice (“Communication“).

6. E.g. contact details, including name, contact person, addresses, e-mail addresses, as well as identification number, on-line identifier, social media profiles: to interact with you through social networks (e.g. LinkedIn), by engaging with posts and/or comments that mention Fabbri Group/Gruppo Fabbri Vignola (“Social Interaction”); this is done directly by the Head Quarter Gruppo Fabbri Vignola, in its role as Data Controller, according to the Gruppo Fabbri Vignola Privacy Policy

7. E.g. contact details, including name, contact person, addresses, e-mail addresses, identification number, on-line identifier, social media profiles: to offer personalised promotional communications on the social media used by Gruppo Fabbri (e.g. Google, LinkedIn, Meta). Please note that, according to the applicable legislation, this processing takes place in a joint-controllership between Gruppo Fabbri and the individual platform on which the communication is displayed, which may also be visible on websites and mobile applications other than those of Gruppo Fabbri (“Retargeting”);

8. for administrative purposes (e.g. documentation, accounting, providing evidence), for IT and infrastructure security, training and education purposes and to protect other legitimate interests (together “Other Purposes”).

4. Mandatory or optional nature of the provision of data and possible justification

Depending on the Personal Data and Purposes, the provision of Personal Data is optional or mandatory:Also, if and to the extent that Gruppo Fabbri should require a justification for processing your Personal Data for the purposes indicated in Section Purpose of processing above, Gruppo Fabbri may rely on your consent, an overriding private or public interest or the law as ground for justification.

– Provision of Services: You can choose not to provide your Personal Data for this purpose, but if you do not complete the fields marked with an asterisk (*) it will not be possible to provide the Services through the Website or respond to your requests (ground for justification if and to the extent required: overriding interest; 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);

– Marketing: processing for Marketing purposes is based on your specific consent ((ground for justification if and to the extent required: consent). The provision of your Personal Data for this purpose is therefore entirely optional and does not affect use of the Services. Note also that if you have otherwise provided or denied Gruppo Fabbri such consent, the chronologically most recent action will be taken as the reference. If you wish to withdraw your consent, you can do so at any time by writing to privacy@gruppofabbri.com;

– E-Mail-Marketing:   Gruppo Fabbri may process your data for this purpose without your explicit consent, to the extent this is permitted by the Act against Unfair Competition. You can oppose the processing of your Personal Data for this purpose when requesting products and services, or later by writing to the Data Controller at privacy@gruppofabbri.com;

– Compliance: the processing may be necessary for compliance with a legal obligation of Gruppo Fabbri (ground for justification if and to the extent required: law);

– Communication: the processing of your Personal Data may be required for the execution of a contractual obligation or pre-contractual measures . Gruppo Fabbri will connect you with its branch-offices or network companies located in the Country of your choice. The provision of your Personal Data for this purpose is optional; however, the failure to provide it would make it impossible for Gruppo Fabbri to get you in touch with the company that can best meet your needs as it is located in the Country you indicated (ground for justification if and to the extent required: overriding interest as described herein);

– Social Interaction: the processing of your Personal Data may be for the legitimate interest of Gruppo Fabbri and the Gruppo Fabbri Vignola in managing its image and brand on social networks and, more generally, on the internet (ground for justification if and to the extent required: overriding interest);

– Retargeting: the processing carried out for the purpose of Retargeting is based on: i) the preferences expressed by the user on his/her social and other accounts; ii) the consent given by the user to the use of cookies and other tracking technologies, as better indicated in the Cookie Policy.

5. Recipients of Personal Data

For the purposes defined in the Purpose of processing Section above, your Personal Data may be shared with:

1. Persons authorized by us, such as Gruppo Fabbri employees, for conducting activities strictly related to the provision of the services, who adhere to adequate confidentiality and non-disclosure agreements.
2. Subjects who typically act as data processors, namely: i) people, companies or professional firms that provide administrative and legal services and assistance to Gruppo Fabbri on the provision of services; ii) subjects with whom it is necessary to interact for the provision of services (for example hosting providers) or; iii) subjects delegated to carry out technical maintenance activities (including maintenance on network equipment and electronic communications networks).
3. Law enforcement agencies, bodies or other authoritiesto whom your Personal Data must be sent by law, court order or other provisions of the authorities, or if necessary for defence in legal proceedings.
4. Companies belonging to Gruppo Fabbri, strictly for administrative-contractual purposes connected with activities of an organizational, administrative, financial and accounting nature.
5. branch-offices or other companies in the network of Gruppo Fabbri, with reference to the purpose of Communication described in paragraph 3.e above.

6. International transfers of Personal Data

Your Personal Data may be shared with recipients who could be located outside of Switzerland (all countries with Fabbri subsidiaries – Italy, France, Germany, Spain, UK, Russia – and US). Gruppo Fabbri ensures that the processing of your Personal Data by said recipients is conducted in compliance with the applicable laws. Such transfers may be based on an adequacy decision (i.e. because they are listed in the Annex to the Data Protection Ordinance), on contracts (based on the European Commission’s standard contractual clauses, amended as required by the Federal Data Protection and Information Commissioner), where this is appropriate and permissible, , on binding corporate rules or rely on the statutory exceptions, such as your consent, the conclusion or performance of a contract, or the establishment, exercise or enforcement of legal claims. You can get more information from the Data Controller by writing to the addresses indicated in the “Contacts” section of this Privacy Policy.

7. Storage of Personal Data

We generally process your Personal Data for as long as required by our purposes of processing, the statutory retention periods and our overriding interests, in particular for documentation and evidence purposes, or if storage is technically necessary (e.g. in the case of backups or document management systems). If there are no legal or contractual obligations or technical reasons to the contrary, we generally delete or anonymize your data after the storage or processing period has expired as part of our usual processes. In particular:

– For the storage period applied to the Cookie processed through the Website see the Cookie Policy.

– Personal Data processed for Marketingpurposes will be processed until you withdraw your specific consents.

– Personal Data processed for the E-Mail-Marketingpurposes will be processed until you oppose such processing.

More information on Personal Data storage times and the criteria applied to determine this period can be obtained by writing to: privacy@gruppofabbri.com.

8. Exercising data protection rights

You have the right to ask Gruppo Fabbri, at any time, for access to your Personal Data, to rectify or delete your data or to object to their processing. You also have the right to request the restriction of the processing of your Personal Data under certain conditions, as well as to receive your Personal Data in a structured, commonly used and machine-readable format or its transfer to other data controllers in certain cases.

If our processing is based on your consent, you can revoke that consent with effect for the future.

Any requests to exercise your data subject rights can be directed in writing to privacy@gruppofabbri.com.

Every data subject has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

9. Changes to this privacy policy

The Data Controller may modify or simply update this Privacy Policy, in part or in full, also due to changes in the laws and regulations that govern this subject and protect your rights. These changes and updates to the Privacy Policy will be notified to users on the home page of the Website. We therefore invite you to regularly visit this section to be aware of the most recent and updated version of this Privacy Policy so that you are always up to date on the information we collect and how we use it.

10. Contact information

To exercise your rights as data subject or for any other request, you can write to the registered offices of the Data Controller: Gruppo Fabbri S.p.A., in Via ai Molini 3, 6933 Muzzano, Switzerland, or e-mail to: privacy@gruppofabbri.com.