PRIVACY POLICY ON THE PROCESSING OF PERSONAL DATA BY GILMAR DIVISIONE INDUSTRIA S.P.A.

Gilmar Divisione Industria S.p.A. (hereinafter referred to as “Gilmar”) respects your privacy and is committed to processing your personal data with the utmost care and in full compliance with the relevant provisions governing the protection of personal data, including Regulation (EU) 2016/679 (General Data Protection Regulation, hereinafter referred to as “GDPR”) and Italian legislative decree no. 196/2003, also updated pursuant to Italian legislative decree no. 101/2018.

This Privacy Policy therefore aims to inform you, with the utmost transparency, about the processing of personal data carried out by Gilmar as part of its activities to promote its products as well as its activities carried out through the www.iceberg.com website (hereinafter referred to as “Website”), including assistance for the products being sold on it and, more in general, the management of the Website.

This Privacy Policy does not apply to the processing of personal data carried out by FiloBlu S.p.A. (an independent data controller as well as an independent subject with respect to Gilmar), which sells Gilmar products through the Website, whose privacy policy is available here.

The information contained in this Privacy Policy does not apply to other websites, web pages or online services accessible from the Website, such as through redirects to resources outside the www.iceberg.com domain.

For us, it is important to provide clear and complete information on how we collect, use and store your personal data within your interaction with the Website. For this reason, we encourage you to carefully read this Privacy Policy before sending Gilmar any information and/or personal data of any type.

Personal data refers to any information that makes it possible to identify a person, including indirectly (e.g. by combining said data with other information). By way of example, your email address, first and last name, data relating to your purchases, etc. are considered to be personal data.

Remember that, for any given consent to the processing of personal data to be valid, the data subject must be at least 14 years old according to Italian law and at least 16 years old according to EU regulations. If you do not have the minimum age required to give your consent to the processing of your personal data, please do not provide any personal data for any purposes requiring it. In the event that we determine that personal data belonging to a person that could not validly give his/her consent to the processing of the same has been communicated to Gilmar, such data shall be deleted.

THE DATA CONTROLLER

The Data Controller for the processing of personal data that you may provide to us is Gilmar Divisione Industria S.p.A., with registered office in Via Malpasso no. 723-725, San Giovanni in Marignano (RN), Italy, reachable by phone or email at:
Tel: +39 0541 959111
Email address: privacy@gilmar.it

THE DATA PROTECTION OFFICER

Pursuant to art. 37 of the GDPR, Gilmar Divisione Industria S.p.A. has voluntarily appointed a Data Protection Officer, reachable at Gilmar Divisione Industria S.p.A., Via Malpasso no. 723-725, 47842 San Giovanni in Marignano (RN), Italy, or by email at dpo@gilmar.it.

TYPES OF PERSONAL DATA PROCESSED

When you browse and interact with the Website, Gilmar processes the following types of personal data:

a. the data that you provide to register on the Website, such as your first and last name, your email address, your date of birth, your gender, the address to ship your purchase, your telephone number, your username and password;

b. subject to your consent, your email address and, optionally, your gender and country to subscribe to Gilmar’s newsletter service;

c. data that you provide to Gilmar when you fill out the “Contacts” form available on the Website, such as your first and last name, your email address, the country where you are located, the information you wish to provide by filling out the “Message” field found on the same form and eventually your telephone number and your order number;

d. browsing data which, although constituting information that is not collected in order to be associated with identified users, could, by its very nature, make it possible to identify the users if processed and associated with data held by third parties.This category of data includes data collected automatically while browsing the Website and necessary for the functioning of the same, such as IP addresses, domain names of computers used to connect to the Website, addresses in URI (Uniform Resource Identifier) notation of requested resources, the time the request is made, the method used to submit the request to the server, the file size obtained in response, the numerical code indicating the status of the response from the server (successful, error, etc.) and other parameters related to the user's operating system and computer environment;

e. data and information regarding your access to the Website, purchases and any returns you may have made.

PURPOSE AND COMPULSORY OR OPTIONAL NATURE OF THE DATA PROCESSING

Gilmar processes your personal data for the following purposes:

a) to provide a reply to your requests for information, made also using the “Contacts” form available on the Website;

b) to provide a reply to your requests regarding purchases, to manage any exchanges and/or returns and, more generally, to perform after-sale activities;

c) to allow you to browse the Website and for computer security purposes. The provision of your personal data for all the aforementioned purposes is not mandatory. However, your refusal to provide such data shall make it impossible for Gilmar to respond to your requests;

d) to allow you to register on the Website and then use the features available on the same (e.g. creation of a “wish list”, retention of your order history and returns);The provision of your personal data for such activities is optional. In fact, you can make purchases on the Website using the “guest” mode, but in this case you shall not be able to use the additional features available only to registered users described above;

e) to provide information and perform promotional activities regarding products previously purchased and/or similar products, as well as to update you on news regarding such products and/or their availability (so-called “soft spam”).
Gilmar does not require your prior consent to perform these activities; however, you may opt-out of receiving such communications from Gilmar by following the instructions at the bottom of the communications received.

f) subject to your consent, Gilmar shall process your personal data for marketing purposes, for example to provide you with promotions, discounts, rebates or other services, to send you newsletters, promotional or commercial information, free products, invitations to events and to conduct market research;
The provision of personal data which Gilmar may use for marketing purposes is entirely optional. However, if you do not provide such data, it shall be impossible for Gilmar to carry out marketing activities and therefore to send you commercial communications, discounts and promotions as described above.
Failure to consent to the processing of your personal data for marketing purposes, or the subsequent revocation of your consent for such purposes, shall not prevent you from browsing the Website and making purchases through the same.

The provision of personal data which Gilmar may use for marketing purposes is entirely optional. However, if you do not provide such data, it shall be impossible for Gilmar to carry out marketing activities and therefore to send you commercial communications, discounts and promotions as described above.
Failure to consent to the processing of your personal data for marketing purposes, or the subsequent revocation of your consent for such purposes, shall not prevent you from browsing the Website and making purchases through the same.

LEGAL BASIS OF THE DATA PROCESSING

Gilmar processes your personal data based on the following conditions of legitimacy:
1. to allow Gilmar to comply with the applicable legal obligations, pursuant to Article 6, letter c) of the GDPR.
2. to allow Gilmar to pursue its legitimate interests, pursuant to Article 6, letter f) of the GDPR, which consist in the promotion of its products offered through the Website and assistance for the products being sold on it, the adoption of computer security systems and, more in general, the management of the Website as well as the protection of its rights.
The data processing activities legitimised by this legal basis concern:
- providing a reply to your requests for information about the products promoted through the Website or about Gilmar’s business activities;
- browsing the Website;
- your registration on the Website;
-providing a reply to your requests about your purchases, the provision of after-sales services, the management of requests for exchanges and/or returns;
- sending “soft spam” communications via the email address that you provided when you purchased products on the Website.
3. your consent to the processing of your personal data by Gilmar for marketing purposes, pursuant to Article 6, letter a) of the GDPR.
The data processing activities legitimised by this legal basis concern:
- the offer of promotions, discounts, rebates or other services, sending commercial or promotional information, newsletters, free products and invitations to events;
- market analysis and research activities.

Gilmar shall process your personal data for marketing purposes only after obtaining your specific consent to carry out such data processing activities. Your consent is optional and may be revoked at any time (in the manner described in the WITHDRAWAL OF CONSENT/OPPOSITION TO THE PROCESSING OF PERSONAL DATA section of this Privacy Policy). Without your consent, Gilmar shall not process your personal data for marketing purposes.

SUBJECTS THAT HAVE ACCESS TO PERSONAL DATA

Gilmar limits access to personal data as much as possible, making such data available to its staff duly authorised to access the data in order to carry out their professional duties.
Gilmar’s staff shall process the personal data within the limits and in compliance with the instructions given to it by Gilmar.
Your personal data may also be transmitted to companies affiliated with Gilmar as well as to third parties on which Gilmar relies to carry out its business activities.
These subjects shall process your personal data both as Data Processors, according to the instructions provided by Gilmar, and as independent Data Controllers.
Gilmar provides to said subjects only the data strictly necessary to perform the agreed-upon services.
The suppliers of such services fall into the following categories:
- service providers, including providers of IT services;
- couriers;
- consultants and lawyers that provide assistance to Gilmar in handling any complaints and requests from competent authorities as well as in fulfilling the obligations imposed by the law;
- communication agencies.

DATA PROCESSING METHOD AND SCOPE OF CIRCULATION OF PERSONAL DATA

Gilmar processes personal data on paper and with the help of electronic and automated means, within the limits of the purposes set out in this Privacy Policy and taking the appropriate measures required to maintain the confidentiality and privacy of such data.
Gilmar pays great attention to the protection and privacy of personal data and consequently does not engage in the dissemination and/or marketing of personal data.
In some cases, your personal data may be transferred outside the European Union. Such transfer shall take place ensuring adequate protection levels for your personal data, also pursuant to the requirements set out in Articles 45 and 46 of the GDPR.
In particular, personal data shall be transferred outside the European Union to countries that provide an adequate level of data protection, as determined by specific decisions of the European Commission.
In other cases, transfers of personal data outside the European Union may take place where adequate assurances and safeguards for the protection of your personal data are issued by the third parties receiving such data, for example, by signing the standard contractual clauses for the protection of personal data adopted by the European Commission, supplemented, if necessary and possible, by additional measures.

DATA RETENTION PERIOD

Your personal data shall be retained by Gilmar for the limited period of time required to achieve the purposes of each data processing activity specified above. At the end of this period, your data shall be deleted or made anonymous.
The personal data processed by Gilmar to provide information about the products promoted through the Website or about Gilmar’s business activities shall be retained for the time strictly necessary to respond to your requests and then deleted.
Credentials for access to the private area of the Website shall be retained by Gilmar until you request to close your account.
Data provided in the “my orders” and “my returns” sections shall be retained by Gilmar for the time strictly necessary to complete your requests and deleted once such requests have been fulfilled.
Personal data processed for “soft spam” activities are stored, in relation to this specific purpose, for 24 months from the date of purchase on the basis of which such communications are sent.
Within 24 months from the collection of the data processed for sending our newsletter and for the fulfilment of any marketing activities, Gilmar shall attempt to obtain new consent to pursue these activities, in the absence of which the data in question shall be deleted.

CLOSING YOUR ACCOUNT - WITHDRAWAL OF CONSENT - OBJECTION TO PROCESSING

To request to close your account, you can send an email to privacy@gilmar.it.
You may, at any time, object to the processing of your personal data by Gilmar for sending newsletters and for the fulfilment of any marketing activities, including sending promotional messages, invitations to events, discounts and free products, as well as for sending “soft spam” communications.
You may object to such personal data processing activities by sending an email to privacy@gilmar.it.
You can also unsubscribe from newsletters, promotional messages, invitations to events, discounts and free products, as well as from “soft spam” communications, by following the instructions provided at the bottom of such communications sent by Gilmar.
Once your request has been received, we will make sure to immediately stop the processing of your personal data.
Other types of data processing, or data processing based on different conditions of legitimacy, shall continue to be conducted as provided for in this Privacy Policy and in full compliance with applicable regulations.
The withdrawal of consent to the processing of your personal data for marketing purposes shall not affect the legitimacy of data processing carried out by Gilmar based on consent given before such withdrawal.

YOUR RIGHTS

You may contact Gilmar at any time, by sending an email to privacy@gilmar.it, requesting to receive the list of Data Processors (i.e. third parties on which Gilmar relies to carry out its business activities, which process personal data on Gilmar’s behalf according to the instructions provided by Gilmar).
Also by sending an email to privacy@gilmar.it, you can request to exercise the rights provided for by the applicable legislation on the protection of personal data (pursuant to the provisions set out in Articles 15 to 22 of the GDPR), and in particular:

a. the right to obtain confirmation as to whether or not your personal data is being processed, to have access to your personal data processed by Gilmar, to know the purpose of such processing, the categories of personal data processed and the recipients or categories of recipients to whom your personal data have been or will be communicated or disclosed. You are also entitled to know the retention period of your personal data or, where this is not possible, the criteria used to determine such period;

b. the right to verify the accuracy and correctness of your personal data and its origin, to request the integration, updating, correction, deletion or anonymisation of your personal data, as well as the limitation of the processing of your personal data;

c. the right to oppose the processing of your personal data;

d. the right to lodge a complaint with the Supervisory Authority (the Italian data protection supervisor is called “Garante per la protezione dei dati personali”);

e. in case of transfer of your personal data to a third country, the right to be informed of the existence of adequate safeguards relating to such transfer;

f. the right to oppose the processing of your personal data, carried out by Gilmar on the basis of its legitimate interest, for reasons related to a particular situation, provided that no prevailing reasons exist to allow Gilmar to continue with the data processing (e.g. the need to protect its rights);

g. the right to be informed of the existence of an automated decision-making process, including profiling, as referred to in Article 22, paragraphs 1 and 4 of the GDPR, and, in such cases, to obtain meaningful information about the logic involved, as well as the significance and the expected consequences of such processing for the data subject;

h. the right to exercise the right to portability of your personal data.

Once your request has been received, Gilmar shall process it as quickly as possible and with utmost care, in order to allow you to exercise your rights, providing a reply without delay and, in any case, within one month from receiving the request. Only in cases of particular complexity, the timeframe for replying to your request may be extended to up to 2 months from receiving the request. In this case, Gilmar shall keep you informed on the status of the fulfilment of your request.

(last updated on 23 December 2021)