Information pursuant to EU Reg. 2016/679 on the processing of personal data for COMMERCIAL INFORMATION purposes

The company Master Mind NPL 115 Srl provides a Commercial Information Service to third parties (Clients) who request it for needs related to the establishment and management of commercial, contractual or pre-contractual relationships of an economic and financial nature and/or the protection of their rights/interests.

Citing current legislation, the COMMERCIAL INFORMATION SERVICE consists of “the service requested by third parties (clients) concerning the execution of research, collection, recording, organization, analysis, evaluation, processing and communication of information coming from public sources, from publicly and generally accessible sources by anyone or otherwise acquired from the interested party in order to provide added knowledge value to third parties” and can only be carried out by those who hold a prefectural license issued by the competent Prefecture pursuant to art. 134 of R.D. no. 773/1931.

This information notice is published based on the principles recognized in art. 5 paragraph 3 of the Code of Conduct for the processing of personal data in the field of commercial information approved by the Italian Data Protection Authority with Resolution of 12 June 2019 (register of provisions no. 127 of 12/06/2019) and also concerns exclusively commercial information services as defined above and carried out through information coming from public sources, from publicly and generally accessible sources by anyone. In relation to personal data collected from private parties other than the interested party, on the other hand, the provisions of the Regulation apply.

1. Categories of data subjects subject to processing (to whom this information is addressed)

• Any natural person about whom we are requested to provide a Commercial Information Service.
• Subjects linked legally and/or economically to the natural person about whom we are requested to provide a commercial information service (*).
• Natural persons or other interested parties linked legally and/or economically (*) to the legal entity-body or association about whom a commercial information service is requested.

(*) (*) A legal and/or economic link shall be deemed to exist between two or more data subjects and between a data subject and a subject other than a natural person (e.g. a company) when one or more of the following situations occur:

a) participation of the interested party in a business or company through the direct or indirect ownership or control of a percentage of shares or stock, or voting rights, equal to or exceeding the thresholds identified in art. 8 of the Code of Conduct;

b) exercise, through the office or qualification held by the interested party, of effective powers of administration, direction, management and control of a business or company.

2. Which data are processed

• Data relating to asset, economic, financial, credit, industrial and production aspects, excluding special categories of personal data referred to in art. 9, paragraph 1, of EU Regulation 2016/679, i.e. “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data intended to uniquely identify a natural person, data concerning health or sex life or sexual orientation of the person”.
• Statistical processing and evaluations carried out by expert analysts, also based on a classification into predefined categories or classes or an overall evaluation of the acquired data.
• Further information useful for verifying solvency or reliability (typically other companies and economic operators with whom the interested party has or has had relationships), such as so-called payment habits, amount of a credit or debt, etc., when any information and consent acquisition obligations have been fulfilled, where necessary.
• Data relating to criminal convictions and offenses coming from public sources.
• Data relating to criminal convictions and offenses disseminated in the last six months, starting from the date of receipt of the service request by the client, and without any possibility of making changes to the content of such information, except for their possible updating, nor of using them for the purpose of processing evaluative information.
• Evaluative information and judgments, also expressed in predictive or probabilistic terms, issued on the basis of analyses.

3. Where they are obtained from

Data origin

For the purpose of providing the service, the following are processed:

• Data provided by the Client: name, address, phone, email, information on the type of commercial relationship established or being established, etc.
• Data/documents possibly provided directly by the Interested Party during any contacts with the company Master Mind NPL 115 Srl.
• Data available from public sources, i.e., public registers, lists, deeds or documents knowable by anyone according to current regulations, which include, by way of example and not limited to: the business register, balance sheets and lists of shareholders, company reports and/or chamber of commerce deeds, deeds and events relating to bankruptcies or other insolvency proceedings, as well as the computerized register of protests at the chambers of commerce and the related consortium company InfoCamere; real estate deeds, prejudicial and land registry deeds (such as, e.g., registrations or cancellations of mortgages, transcriptions and cancellations of foreclosures, injunctions or judicial acts, and related annotations) kept in the registers managed by the Revenue Agency, in the Public Automobile Register and at the Registry of Residents.
• Data from publicly and generally accessible sources, including, by way of example and not limited to: newspapers and periodicals, categorical lists, telephone directories and related on-line services, Internet sites.
• Third parties, when possible in compliance with current legislation.

4. Why data are processed

Purposes of processing

The processing carried out has the following purposes:

• To provide the Client with Commercial Information Services to enable them to correctly evaluate an interested party on an economic and commercial level; in some cases, the client requests the information in the form of lists of interested parties (by sector or category), for subsequent use for marketing, promotional, commercial and advertising purposes, while all obligations of information and any acquisition of consent from the interested party regarding the processing carried out by the Client remain the responsibility of the Client itself.
• To satisfy any requests from the Interested Party themselves.
• To generate/formulate evaluations and judgments, also expressed in predictive or probabilistic terms, also based on a classification into predefined categories or classes (scoring and/or rating).
• To defend or assert a right of the Client, of the company Master Mind NPL 115 Srl or of a third party.

4.1 Why data may be processed (legal basis)

Data may be processed:

• As necessary to allow the pursuit of a legitimate interest of the Data Controller, such as monitoring and preventing fraud, ensuring the security and reliability of services provided to clients, the soundness of management and the correct execution of commercial relationships and economic and financial activities between the latter and the surveyed subject, as well as the protection of related rights, according to art. 6, paragraph 1, letter f), of EU Regulation 2016/679.
• As they are available from publicly accessible sources or made public by the interested party themselves (art. 9, paragraph 2, letter e), of EU Regulation 2016/679).
• As necessary to allow the pursuit of a legitimate interest of the client, which most often consists of the preventive protection of credit (art. 6, paragraph 1, letter f), of EU Regulation 2016/679).
• For data possibly acquired directly from the interested party, based on their consent.

5. How and by whom data are processed

Processing methods

In relation to the aforementioned purposes, the processing of personal data may take place with paper, IT and telematic tools and will include, in full respect of the principles recognized by the Code of Conduct, all operations necessary for the processing in question, including communications within the scope referred to in point 8.

• Information may be collected either manually, or with the aid of electronic and telematic tools, both directly and indirectly, from public entities or from other private suppliers (who in turn provide a commercial information service), both in Italy and abroad based on specific agreements with the latter and in any case in compliance with the forms and limits established by the regulatory provisions governing the knowability, usability and publicity of deeds and the data contained therein.
• Information may be integrated and used for the preparation of reports and dossiers according to the service level requested by the Client.
• Data may be processed on behalf of the Data Controller exclusively by duly authorized and trained parties, as well as by companies/consultants appointed as Data Processors pursuant to art. 28 of EU Reg. 2016/679, who need access to data for services functional to the processing referred to in this document (e.g.: management/maintenance of IT systems, correspondent agencies, etc.), always and only to the extent strictly necessary to perform their functions.

6. How long they are kept for

The data in question may be kept for the period of time during which they remain knowable and/or published in the public sources from which they come, in order to facilitate the provision of the Service and without prejudice to the obligation to update. Without prejudice to any more restrictive terms provided for by specific legal provisions, information from public sources relating to negative events may be kept in compliance with the following time limits:

• Information relating to bankruptcies or insolvency proceedings: for a period not exceeding 10 years from the date of opening of the bankruptcy proceedings; after this period, such information may be further used by the provider only when other information relating to a subsequent bankruptcy is present or a new bankruptcy or insolvency proceeding relating to the surveyed subject or another connected subject has been initiated, in which case the processing may continue for a maximum period of 10 years from the respective openings.
• Information relating to prejudicial and land registry deeds (mortgages and foreclosures): for a period not exceeding 10 years from the date of their transcription or registration, unless they are cancelled before that term, in which case the annotation of the cancellation will be kept for a period of 2 years.

7. To whom they may be communicated

Subjects or categories of subjects

Personal data may not be disseminated but only communicated or made available upon specific request:

• To subjects who can access the data by virtue of legal provisions, regulations or community legislation, within the limits established by such rules.
• To the Client, a private or public subject who requests the commercial information service from the provider, established in Italy or abroad.
• To correspondent commercial information agencies.
• To commercial information suppliers.

8. When it is mandatory to provide your data

The provision of data possibly requested directly from the interested party by Master Mind NPL 115 Srl is entirely optional. In the absence of such data, Master Mind NPL 115 Srl might be unable to best detail the relationship.

9. Who is the data controller

The data controller is the company Master Mind NPL 115 Srl, Piazza Mario Saggin 2, 35131 Padua (PD) – Italy.

Contact details of the Data Protection Officer: Lawyer Luigi Ciccarese – Padua – Certified Email: luigi.ciccarese@ordineavvocatipadova.it.

E-mail: info@mastermindnpl.com — Tel. 049 9670011.

10. How to exercise the rights reserved to the interested party

With reference to the processing referred to in this document, interested parties have the right:

• To ask the data controller for access to personal data and the rectification or cancellation of the same or the limitation of the processing of personal data concerning them and to object to their processing.
• If the processing is carried out by automated means (IT) and based on their consent, to receive their personal data in a structured, commonly used and machine-readable format and/or to obtain their direct transmission to another data controller, if technically feasible.
• To withdraw their consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal, for processing carried out on this basis.
• To lodge a complaint with a supervisory authority: Italian Data Protection Authority – Piazza di Monte Citorio n. 121, 00186 Rome.

Requests must be addressed to the Data Controller through the contacts indicated in point 9 above and in the contacts area of the site, always bearing in mind that it will not be possible to respond to requests received by telephone where there is no certainty about the identity of the requester.