The information set forth in this Privacy Policy is provided in compliance with the European General Regulation on the Protection of Personal Data EU 2016/679 (“GDPR”) and subsequent amendments and/or additions, as well as the national laws or regulations on the processing of personal data that may be applicable from time to time (“Privacy Regulation”). This is done with a view to guaranteeing that the processing of personal data is carried out in compliance with individuals’ personal data protection rights and freedoms.

The term "personal data" means any information relating to a natural person that is identified or identifiable, even indirectly, with reference to any other information, including a personal identification number.

The term “processing” means any operation or set of operations, carried out with or without the help of automated processes that are applied to personal data or sets of personal data, such as collecting, recording, organizing, structuring, storing, adapting or modifying, extracting, consulting, using, communicating by transmission, disseminating or making the aforementioned data available in any other way, comparing or interconnecting, limiting, erasing or destroying such data.

The term "data subject" refers to the natural person to whom the personal data refers.

1. Data controller

[•], with registered office at [•], Tax Code and VAT No. [•], acts in its capacity as Data Controller (“Data Controller” or “[•]”) of the data for the purposes referred to in paragraph 3 below and belongs to the Impresoft Group.

The list of companies belonging to the Impresoft Group can be consulted in the following section of the Impresoft S.p.A. website www.impresoftgroup.com/it/le-aziende-del-gruppo ("Group companies"). The Data Controller can be reached at the following e-mail address: [•].

The Data Controller has appointed a Data Protection Officer, who can be contacted at the following address: [email protected].

2. Sources and Type of data that is processed

The data that the Data Controller processes and collects directly from the [•] website may include personal information and contact information (name, surname, e-mail, telephone number, address, role, company name, CV and professional data in case of a job application and any other information voluntarily provided by the data subject).

3. Purpose and legal basis of the processing carried out by the Data Controller

The Data Controller may process the data subject’s personal data for the purpose of processing such data in the manner detailed below:

1. Purposes that are strictly connected with and which serve the purpose of establishing and managing a contract to which the data subject is a party pursuant to Article 6, paragraph 1, letter b) of the GDPR. The provision of personal data does not require consent, but is required for perfecting, performing orcontinuing the ongoing contractual relationship with the Data Controller.

2. Managing relationships with the data subject arising from requests to use the additional contents (whitepapers, gated content) provided on the Data Controller's site. The provision of personal data is not mandatory, but the refusal to provide it may make it impossible for the data subject to obtain the requested services and/or products and/or contents, receive the features, information and material requested from the Data Controller. The provision of personal data does not require the data subject to provide his or her consent since the processing thereof is essential for performing a gratuitous contract to which the data subject is a party, as envisaged by Article 6, paragraph 1, letter b) of the GDPR.

3. Profiling activities carried out through profiling cookies in those situations in which they are accepted by the user though a specific cookie banner. They consist, with a view to carrying out profiled marketing activities, in analyzing the user’s interests and preferences that are connected with the type of content that is downloaded on the website. The provision of data is not mandatory and the processing thereof requires the data subject’s consent. Such data will be viewed and processed by the other Group Companies only when the consent referred to in point 9) below has been given.

4. Replying to requests for information that the data subject makes to the Data Controller. With a view to meeting these requests, the Data Controller may avail itself of other partners and Group companies whose product is being dealt with in a request for information that has been made by the data subject. The provision of personal data does not require the data subject’s consent since the processing thereof is required for implementing pre-contractual measures that have been taken upon the data subject so requesting pursuant to Article 6, paragraph 1, letter b) of the GDPR.

5. Complying with legal obligations, regulations, EU legislation, orders issued by authorities that are entitled to do so under the law or by supervisory and control bodies pursuant to Article 6, paragraph 1, letter c) of the GDPR. The provision of personal data for the purposes referred to in this point is mandatory and the processing thereof does not require the data subject’s consent.

6. Purposes that are connected with anonymous business analysis: With a view to improving its activities and services (e.g. reporting on the level of customer satisfaction about the quality of the services rendered and the activities carried out by the Data Controller, as well as carrying out market studies and research). The provision of personal data is not mandatory and the processing thereof does not require the data subject’s consent on account of the Data Controller having a legitimate interest in carrying out the business analysis activities envisaged in Article 6, paragraph 1, letter f) of the GDPR.

7. Marketing for the purpose of promoting and selling products and services similar to those already purchased by the data subject (so-called soft spam), through commercial correspondence exchanged by means of e-mails. The provision of data is not mandatory and its processing does not require the data subject’s consent on account of the Data Controller’s legitimate interest envisaged in Article 6, paragraph 1, letter f) of the GDPR to provide marketing services to its customers.

8. Own marketing purposes: By using automated contact tools (such as calls without an operator, e-mails) or traditional contact tools (calls with an operator) and doing so directly or through third-party companies, in connection with its products and services: i) send and/or propose by telephone, informational, commercial, advertising and promotional material, including personalized material/material that is of specific interest and that is based on the information obtained after having conducted the activities referred to in point 3 above; ii) send newsletters and invitations relating to events and initiatives. The provision of data is not mandatory and its processing requires the data subject’s consent, which can be given and withdrawn even in connection with only some of the aforementioned activities, by sending an e-mail to the address indicated below. In the event that the data subject fails to provide personal data, the latter will not be able to receive information on the products and/or services provided by the Data Controller, but there will be no impact on the data subject’s entitlement to consult the website and on any ongoing contractual relationship with the Data Controller.

9. Disclosure of data to Group Companies which, with regard to their own products and services and those of Group Companies operating in the ICT and the consultancy sectors, may, by using automated contact tools (such as calls without operators, e-mails) or traditional contact methods (calls with operator), directly or through third-party companies: i) send and/or propose by telephone, informational, commercial, advertising and promotional material, including personalized material/material that is of specific interest and that is based on the information obtained after having conducted the activities referred to in point 3 above; ii) send newsletters and invitations concerning events and initiatives. The provision of such data is not mandatory and the processing thereof requires the data subject’s consent, which may be withdrawn at any time whatsoever, without prejudice to the processing carried out before the withdrawal.

10. Management of the site(s) (statistical analysis). The provision of personal data is not mandatory and its processing does not require the data subject’s consent due to the Data Controller having a legitimate interest to manage its website pursuant to Article 6, paragraph 1, letter f) of the GDPR.

11. Staff selection and search activities. The provision of personal data is not mandatory, but the refusal to provide it may prevent the Data Controller from evaluating the data subject’s professional profile for the purpose of hiring the latter. The processing thereof does not require the data subject’s consent for the purpose of carrying out pre-contractual activities that have been taken upon the data subject so requesting pursuant to Article 6, paragraph 1, letter b) of the GDPR.

12. Disclosure of candidate data to Group Companies for staff search and selection activities conducted by them. The relevant processing requires the data subject’s consent, which may be withdrawn at any time whatsoever without prejudice to such data being processed before the withdrawal.

13. Defense in legal proceedings in the event that this is required for the purpose of ascertaining, exercising or defending rights in court. The provision of personal data is mandatory and the processing thereof does not require the data subject’s consent on account of the Data Controller having a legitimate interest to do so pursuant to Article 6, paragraph 1, letter f) of the GDPR.

14. The Data Controller sending marketing newsletters to the e-mail address provided by the data subject in the specific section of the website. The provision of such data is optional and the processing thereof requires the data subject’s consent in order that the latter may be able to use the newsletter reception service provided by the Data Controller.

4. Place and methods for processing personal data

With regard to the aforementioned purposes, the personal data shall be processed with the use of manual, IT and electronic data transmission tools for reasons that are strictly related to such purposes and, in any case, in such a way as to guarantee the security and confidentiality of the said data.

[•] shall only process the subject’s personal data with the technical staff in charge of such processing, as well as with predominantly automated and computerized methods that are capable of guaranteeing, with regard to the purposes for which such data is processed, security and confidentiality, as well as avoiding unauthorized access to the aforementioned data. [•] does not carry out automated decision-making procedures.

The collected data is processed at the offices of [•], as well as those of the service providers identified by it, who are appointed, where necessary, data controllers pursuant to Article 28 of the GDPR.

The data collected and processed on the website are stored in the CRM that the Group Companies have in common, which resides on the HubSpot server, whose servers are located in Europe ("HubSpot CRM").

5. Storage of personal data

The data subject’s personal data shall be stored only for as long as is necessary to achieve the purposes for which it has been collected, in compliance with the principle of minimization provided for under Article 5, paragraph 1, letter c) of the GDPR.

In particular, the data shall be processed and stored until the data subject withdraws his or her consent. In any event ,the data subject can always request that the processing of his or her data be interrupted or his or her data be deleted in the manner envisaged below.

The Data Controller may withhold some data even after the termination of the contractual relationship. This will depend on the time required for managing specific contractual or legal obligations, as well as complying with administrative, tax and/or social security obligations (that is to say a period of time imposed by the applicable laws and regulations that are in force at such time), as well as on the time required for asserting any rights in court.

In any case, the data shall be processed not only in compliance with current legislation, but also in accordance with the levels of confidentiality that the Data Controller has always maintained.

Retention times shall depend on the type of data that is being processed, but [•] generally refers to the following criteria for the purpose of establishing the retention period:

• whether there is a legal or contractual need to withhold the data or not.
• whether the data is required for providing our services.

6. Categories of persons to whom the data can be disclosed

The Data Controller may disclose the data subject’s personal data to third parties in fulfillment of legal obligations, and it may disclose such data to service providers operating as independent Data Controllers or designated Data Processors pursuant to Article 28 of the GDPR in those situations in which they must process data on behalf of the Data Controller and come, as a matter of fact, within one of the following categories that are listed by way of example and without any pretense of completeness:

• persons who provide banking services, including persons who run payment systems;
• individuals, companies, associations or professional firms that provide consulting services or assistance and advice to the data controllers, with particular but not exclusive reference to accounting, administrative, legal, tax, financial and business matters;
• commercial, marketing, legal partners, suppliers of technical services and/or software platforms, system administrators, hosting providers, IT companies, communication agencies;
• persons who control, audit and certify the activities that have been carried out;
• Group companies that provide IT services (e.g. make the HubSpot CRM available or provide the aforementioned HubSpot CRM support, maintenance, assistance and development services);
• all of the Group Companies, only in the event that the data subject has given his or her consent for the purposes referred to in point 9) and/or point 12) of paragraph 3 above;
• all of the Group Companies, only in the event that a request made by the data subject must be dealt with in the manner indicated in point 4) of paragraph 3 above.

The updated list of names of the persons to whom data subjects’ personal data may be disclosed and/or transferred can be consulted at [•] by contacting us at: [•].

7. Transfer of data outside the EU

Data may be transferred to third countries outside the EU for the purposes indicated in paragraphs 3 and 4 above in compliance with the methods permitted under current legislation and in particular on the basis of the GDPR provisions referred to in: i) Article 44 - General principle for transfer; ii) Article 45 – Transfer on the basis of an adequacy decision; iii) Article 46 — Transfers subject to appropriate safeguards; iv) Article 49 - Derogations for specific situations.

The data subject's data is shared, where specific consent has been given, with the Group Companies in the HubSpot CRM. The Group Companies include Kipcast Corp, which is based in Canada.

The transfer of data to such Company is guaranteed by the Adequacy Decision issued by the European Commission 2002/2/EC on 20 December 2001 pursuant to Directive 95/46/EC of the European Parliament and of the Council concerning the adequate protection of personal data envisaged by the Canadian Personal Information Protection and Electronic Documents Act.

8. The data subject’s rights

Pursuant to Articles 15-22 of the GDPR, data subjects are granted specific rights. In particular, the data subject may obtain, from the Data Controller: access to his or her data, the rectification, erasure, limitation of the processing thereof, the withdrawal of consent as well as portability of such data. The data subject is also entitled to object to the processing of his or her data for legitimate reasons and/or to the processing thereof for marketing purposes.

The Data Controller shall reply to the data subject as soon as possible after verifying, where necessary, the identity thereof.

The Data Controller reserves the right not to follow up, in the event that the right to object is exercised, on such request and, therefore, to continue processing the data subject’s personal data in those situations in which there are mandatory and legitimate reasons for proceeding with the processing thereof that prevail over the data subject’s interests, rights and freedoms.

As far as processing the data subject’s personal data marketing purposes are concerned, the data subject who has given his or her consent shall continue to be entitled:

• to make a request, free of charge and at any time whatsoever, that he or she be contacted solely through traditional contact methods such as operator calls;
• to object, free of charge and at any time whatsoever, to his or her data being processed for the aforementioned purposes; in this case, the right to object to the processing of data through automated contact methods (such as emails and telephone calls without an operator) extends to traditional contact methods (such as telephone calls through an operator);
• to object, free of charge and at any time whatsoever, to his or her data being processed for the aforementioned purposes only in part (i.e. by making a decision on the contact methods).

The aforementioned rights may be exercised by sending notice in writing to the Data Controller to the following e-mail address: [•];

The data subject is hereby informed that, pursuant to Article 12 of the GDPR, the Data Controller may, in those situations in which the data subject’s requests prove to be manifestly unfounded or excessive (and, in particular, on account of the repetitive nature thereof): a) charge the data subject the expenses reasonably incurred by the former, taking into account the administrative costs incurred in providing the information or serving the notices in question or taking the requested action; or b) refuse to comply with such request.

The data subject is also entitled to lodge a complaint before the Italian Personal Data Protection Authority.

9. Links to other websites

The website may contain links to other websites. However, once the data subject has used these links and leaves this website, [•] will not have any control over other websites. [•] will not be liable in any way whatsoever for the protection and confidentiality of any information that is provided when visiting such other websites. We recommend that you carefully read the aforementioned website’s applicable privacy policy.

10. Changes to this privacy policy

[•] reserves the right to make changes to this Policy at any time whatsoever by giving data subjects notice thereof on this page. In the event that changes made to this Policy are not accepted, the data subject is required to cease using this website and may request [•] that his or her personal data be removed.

Last update: February 29, 2024