Notice on the processing of personal data

pursuant to art. 13 of the GDPR

 

We are glad you are visiting our Website and we thank you for your interest.

F.I.V. E. Bianchi Ltd. is actively engaged in respecting the privacy of the individuals it comes into contact with, pursuant to the the Regulation (EU) n. 679/2016 (“GDPR”) and the national privacy legislation (Legislative Decree 196/2003 and subsequent amendments) (“Privacy Code”).

 

What follows is a set of information on how we will process the personal data provided by you while viewing and/or using our Website (“Personal Data” or just “Data”).

We specify that such information concerns the processing of data through the Website www.bianchi.com in pursuit of the purposes stated in paragraph 3 of this notice. In the case of the processing of data collected through the Website for a purpose not indicated in paragraph 3, you will be provided with a separate specific notice at the moment of collecting your personal data.

 

1. The recipient of the data processing – Contacts

The recipient of the data processing that is responsible for the legitimate and correct use of your data is: F.I.V. E. Bianchi Ltd. with legal address Via Delle Battaglie, 5 – 24047 Treviglio (BG) Italy – P.IVA IT 01897810162 – Capitale Sociale 7.800.000 Euro i.v. – Registro Imprese di Bergamo – REA n. 140907 – e-mail: privacy@bianchi.com (“Bianchi” o “We”).

 

2. Personal Data Processed

The data processed through the Website are as follows:

 

2.1 Web surfing data

The IT systems and the software procedure used for the running of the Website acquire data in the course of their normal function whose transmission is necessary for the use of the Internet communication protocols. Such information is not collected to be associated with specific parties; however such information, by its very nature, can allow identification of users through the elaboration and association of data retained by third parties. This data category comprises IP addresses, or computer domain names utilised by the users who connect to the website, the URI notation addresses of the requested resources, the time of the request, the method utilised to submit the request to the server, the size of the file obtained, the numerical code indicating the state of the response given by the server (successful, error, etc.) and other parameters relative to the operating system and the IT environment of the user.

 

2.2 Data voluntarily provided by the user

We will process the Data you voluntarily provide when you registered on our Website or while using the services thereby provided. We will also utilise the Data you may include with your inquiries or messages when you contact us using our addresses available on the Website. Among these personal Data are: name, surname; email address; delivery address and telephone number in the case of purchases made in our E-store; data related to your geographic location within the “Find a Dealer” service; data necessary to calculate the correct measurement for the bicycle frame you are considering purchasing (i.e. physical Data).

 

2.3. Third party data voluntarily provided by the user

If during the use of our Website you decide to provide us with the personal data of third parties (if, for instance, you buy products on our E-store to be shipped to a third party), we notify you that will process such data only for the same purposes for which they were provided to us (see paragraph 3 below); it being understood that, with respect to such data, you remain the independent recipient of their use, thus accepting all consequent legal duties and responsibilities. In particular, by providing us with such data, you guarantee that they are precise, correct, and accurate; that they were acquired in compliance with the applicable privacy regulations and that they could be legitimately communicated to Bianchi in accordance with any suitable legal basis (for instance, with the existence of suitable consent by the third parties). Accordingly, you release us in full from any dispute, claim, indemnification, etc. which should arise from the third parties whose data you voluntarily provided to us.

 

2.4 Data provided by clicking on links or plug-ins of third parties present on the website.

The Website contains links to to the websites of third parties that have no relation to Bianchi and the Website, such as, for instance, the plug-ins that connect the Website to the social networks Facebook, Instagram, Twitter, LinkedIn,  YouTube, and Vimeo. If you use any of these plug-ins or links by clicking on them, your browser may send to the third parties that hold such plug-ins or websites some Personal Data that are related to you (ie. IP address). Such data will be exclusively processed by the above mentioned third parties in compliance with their respective privacy policies, thus relieving Bianchi of any responsibility. For more information we invite you to visit the following links:

Facebook: https://www.facebook.com/about/privacy/update;

Instagram: https://help.instagram.com/519522125107875.

Twitter: https://twitter.com/it/privacy

Linkedin: https://www.linkedin.com/legal/privacy-policy

YouTube: https://policies.google.com/privacy

Vimeo: https://vimeo.com/privacy

 

DISCLAIMER. Bianchi will not share nor communicate any of your Personal Data to such third parties unless you voluntarily interact with the plug-ins of the above mentioned social networks or any other sites and links present on the Website.

 

3. Legal base and purpose of each processing – Whether the provision of Personal Data is obligatory or not

We will process your Data for these purposes and in compliance with what has been previously highlighted.

 

3.1. Operation of the Website – Verification of responsibility in case of internet crimes and abuses

The Personal Data mentioned in paragraph 2.1 above will be collected by us to allow you to surf our Website and use all its functions. These data will also be processed to collect anonymous statistical information on the use of our Website, to check its proper functioning and to identify anomalies and/or abuses. Such processing is based upon our legitimate interest to allow for the proper functioning of the Website and to constantly improve its quality and appeal to Users (art. 6.1 lett. f) GDPR). Based upon our evaluations, we believe that this legitimate interest cannot be superseded by any other interest, right, or fundamental liberty on Your part. You automatically provide Bianchi with your surfing data the moment you enter the Website. If you do not wish Bianchi to process your data, we invite you to refrain from accessing the Website.

 

If you decide to use the service “Find a Dealer”, Bianchi may process the data related to your geographical location to the purpose of allowing you to view your nearest Bianchi store. This function is made possible by the integration of our Website with the service of map viewing “Google Maps” managed by Google Inc. The legal basis of this processing rests upon the consent (art. 6.1. lett. a) GDPR) expressed by you when you click on the “Allow” button found in the pop-up banner, or by filling the relevant field with the address you are searching for. We must inform you in this case that Google Inc. will process your data in accordance with its own privacy policy (https://policies.google.com/privacy?hl=it).

We inform you that the supply of your Personal Data for the purpose stated in the above paragraph is completely optional and rests upon your discretion. Lacking such data, you will not be able to utilise the service “Find a Dealer”.

The surfing data collected by Us can also be used to ascertain any responsibility in the case of internet crimes committed against the Website or third parties, if such action is required of Bianchi by public authorities. In this case, the processing will be justified by the necessity to fulfil a legal obligation (art. 6.1. lett. e) GDPR). Such processing will only be limited to the surfing data automatically collected at the time of your access to the Website. If you do not wish for Bianchi to process such data, we invite you to refrain from accessing the Website.

 

3.2. Creation of the account – Registering on the Website

If you decide to make a purchase on our E-Store, you will have to create a personal account on our Website. The data you will be asked to provide at the time of creating the personal account and with any other subsequent access to your profile will be processed by Us to allow you to effect your registration and utilise all the benefits thereof (for instance, the possibility to save more than one address on your profile and to track the orders made on our Website). The legal basis for this processing rests upon the necessity to fulfil the contractual obligations derived from your registration on the Website (art. 6.1. lett. b) GDPR). In this case, the supply of your data is a necessary condition for processing your request to register, and, lacking such data, you will not be able to register on our Website and take advantage of its features.

 

3.3. Purchases made on the E-Store

If you decided to purchase our products through the Website E-Store, the Personal Data you will be asked to supply to make such purchases will be processed by Us for the purpose of executing the sale contract with you (management and processing of your orders). The legal basis for this processing rests upon the necessity to fulfil the contract

of which you are a party (art. 6.1. lett. b) GDPR). In this case, the supply of your data is a necessary requirement for the execution of the contract, and lacking that, you will not be able to make any purchases on the Website.

 

3.4. Newsletters and other promotional communication

If you show your interest in receiving newsletters by checking the dedicated box during your registration to the Website, or in the footnote of its Home Page, we will be allowed to utilise your email address to send you newsletters about the Bianchi world and therefore our products, our ventures and promotions. The legal basis for this processing rests upon your consent (art. 6.1 lett. a) GDPR). Should you withdraw your consent, we inform you that the legality of our processing prior to such withdrawal of consent will remain unprejudiced.

The supply of your personal data for the above purpose is optional, notwithstanding the fact that lacking that, we will not be able to send you our newsletters.

 

3.5. Acknowledgment of the inquiries sent by using the addresses present on the Website – Measurements Calculator

 

The Personal Data you provide by sending inquiries/messages to the addresses present on the Website will be processed by Us for the sole purpose of handling such inquiries/messages. The legal basis for this processing rests upon, depending on the content of your message, the necessity to execute pre-contractual measures adopted upon request by the interested party (art. 6.1 lett. b) GDPR); that is to say, by our legitimate interest to reply to the inquiries we received (art. 6.1. lett. f) GDPR). Based upon our evaluations, we believe that no other interest or fundamental liberty can supersede our legitimate interest. It is optional for you to supply such personal data, notwithstanding that, lacking that, you will not be able to make your inquiries by utilising the addresses present on the Website.

 

We will also be able to process the Data you supplied by utilising the service “Measurements Calculator” (ie. your physical Data) to allow you to calculate the correct measurement for the bicycle frame you are thinking of purchasing, thus helping and guiding you in making such purchase. We inform you that the legal basis for this processing rests upon the necessity to execute pre-contractual measures adopted upon request by the interested party (art. 6.1 lett. b) GDPR). It is optional for you to supply such data, notwithstanding that, lacking that, we will not be able to help you pinpoint the correct measurement of the bicycle frame you are interested in.

 

3.6. Execution/defense of our rights in a court of law

In case of any claims or litigation arising between Yourself and Bianchi in relation to services offered through the Website, we will be able to utilise your Personal Data to exercise or defend our rights in a court of law. The legal basis for this processing rests upon our legitimate interest to defend ourselves (art. 6.1. lett. f) GDPR) and  we believe that no other interest or fundamental liberty can supersede our legitimate interest.

 

4. Recipients of Personal Data – Transfer of Data to Third Countries / International organisations

Within the processing of the Personal Data for the purposes stated in the above paragraph 3, You Data can be communicated or anyway made accessible to the following categories of third parties:

 

Banking or credit institutions, as well as suppliers of online payment services in case you make purchases in our E-Store;

Public Authorities in the case of internet crimes or abuses committed through the Website, that is to day in the case of complaints/claims;

Google Maps in the case you utilise the service “Find a Dealer”;

Legal and fiscal consultants in case of complaints or claims arising between You and Bianchi;

Social networks and holders of their websites, should you voluntarily interact with them by clicking on the related links or plug-ins present on the Website;

Suppliers of Website hosting services and related maintenance;

Suppliers of electronic mail;

Managers of marketing platforms and suppliers of services of email marketing;

Suppliers of logistics and transportation services;

Our Parent Company and other subsidiaries of the Group.

 

Where necessary, we will allocate responsibility for the processing of data to third parties pursuant to article 28 of the GDPR. The updated list of those responsible for processing will be available upon written request, to be sent to Bianchi by utilising the addresses indicated in paragraph 1 above.

 

Within the Bianchi company organisation and the others by them allocated the responsibility of the processing, your Personal Data will also be handled by those in charge of the company functions occasionally involved in the processing activities contained in this notice. All the above mentioned subjects will be authorised and instructed on the processing  by Us and our responsible parties, pursuant to art. 29 of the Regulation and the dell’art. 2-quaterdecies of the Privacy Code.

Your Personal Data will not be distributed nor transferred to Third Countries (not belonging to the European Economic Area) or international organisations.

 

5. Methods of Processing – Period of storage of Data

The processing of your Personal Data will happen both through paper and electronic files, in compliance with the safety measures implemented by Bianchi to safeguard the privacy, integrity and availability of said data.

All your Data will be processed in compliance with the principle of “limited storage” and therefore for a period of time not over that necessary to achieve the purposes of the processing. In particular, the following storage periods will apply:

 

5.1. Operation of the Website – Verification of responsibility in case of internet crimes and abuses

The surfing data are erased every 12 months from the date of registration. Only upon request of the Public Authorities will the Data be stored for a longer period according to what will be mandated to Bianchi.

In case you utilised the service “Find a Dealer”, the Data related to your geographical location will not be stored by Bianchi.

 

5.2 Creation of the account – Registering on the Website

Your Data will be stored for the entire duration of your registration on our Website. However, we inform you that in case of inactivity of your account for over 24 months from the date of registration or of last access, Bianchi will disactivate and at the same time erase all the Data therein, except in the case that their storage will be necessary on the ground of legal obligations.

 

5.3. Purchases made on the E-Store

Your Data will be stored for the period necessary to execute our contract with you, and limited to those contained in accounting, fiscal and/or administration documents, in compliance with the legal period of ten years.

 

5.4. Newsletters and other promotional communication

Your Data will be stored for a maximum period of 24 months from the related registration in our systems, notwithstanding your rights to revoke your consent/opposition to further processing for marketing purposes.

 

5.5. Acknowledgment of the inquiries sent by using the addresses present on the Website – Measurements Calculator

Your Data will be stored for the period necessary to reply to your inquiries and/or to calculate the correct measurement of the bicycle frame you are thinking of purchasing.

 

5.6. Execution/defense of our rights in a court of law

Your Data will be stored until the resolution of the complaint and/or claim arisen with you, in compliance with legal terms

 

At the end of the storage periods indicated above, Your Personal Data will be erased or rendered anonymous.

 

6. Rights of the Interested Party

Pursuant to articles 13, section 2, letters b), c), and d), 15, 16, 17, 18, 19, 20 and 21 of the GDPR, we inform you that:

 

You have the right ask Bianchi for access to Your Personal Data together with clarifications about the purpose of their processing, the category of data processed, the subjects of categories of subjects to whom the data have been or will be transmitted (with indication whether said subjects are located in third countries or are international organisations), and where possible about the period of data storage or the criteria utilised to determine such period; to the existence of your rights to rectify and/or erase the personal data; about the limitation to processing and opposition to processing; about your right to  make a claim to a supervisory body; about the origin of the personal data; about the existence and logics applied in the case of an automated decisional process. In case you exercise such right and notwithstanding any indication to the contrary, you will receive an electronic copy of your data that are the object of the processing.

 

You also have the right to obtain:

 

1. the rectification of your Personal Data, in case they are incorrect;
2. the erasure of your Personal Data, in the case of the existence of one of the conditions pursuant to art. 17 of the Regulation (for instance: your Personal Data are no longer necessary for the purposes for which they were collected, you decide to revoke your consent to their processing-where this is the legal foundation-and no other legal foundation exists for the processing itself, you are opposed to the processing and no other legitimate interest of Bianchi prevails, your Personal Data were abused);

iii.            the limitation of the processing of the Personal Data related to you 1) for the time necessary to Bianchi to ascertain the correctness of your Personal Data (in case you have made a claim about it), or 2) if the processing of the Personal Data is abusive and you request, in lieu of the erasure of your Personal Data, the limitation of their processing, or 3) when Bianchi no longer needs your Personal Data but they are necessary to you to ascertain, exercise or defend a right in a court of law, or, finally, 4) where you are opposed to the processing of your Personal Data;

1. Your Personal Data in a structured format, of common use and readable with an automated device also for the purpose of transmitting them to another holder, where the processing is based upon consent or a contract and is effected with automated means (so-called right to data portability). If you are interested, you can ask Bianchi to transmit your Personal Data directly to the other holder, if this will be technically possible.

You also have the right to object to the processing of your Personal Data, when such processing is effected pursuant to art. 6.1 lett. e) (ie. for the execution of a public interest task, or connected to the exercise of public powers which are invested in Bianchi), or lett. f) of the Regulation (ie. to pursue a legitimate interest of Bianchi), unless there are legitimate reasons for Bianchi to proceed with the processing of your Personal Data, pursuant to art. 21 of the Regulation.

1. e) If you are not satisfied with the processing of your Personal Data by Bianchi, you can make a claim with the Garante (Italian Data Protection Authority), following the procedure and indications published on the website of such authority (www.garanteprivacy.it).
2. f) Any rectification or erasure of your Personal Data or limitation to their processing effected upon your request – unless this results impossible or involves a disproportionate effort – will be transmitted by Bianchi to each of the recipients to whom your Personal Data were sent in compliance to this notice.

 

The exercise of the above rights is not subject to any formal restriction and is free of charge. Bianchi reserves the right to verify your identity before following up on your request.

 

7. Modifications.

Bianchi reserves the right to modify or simply to update, in part or completely, the content of the present notice, also due to variations of the applicable laws. We invite you to visit this section regularly to find the most recent and updated version of the notice.

 

Edition: November 2019