Privacy Statement pursuant to Regulation (EU) 2016/679 (GDPR) and applicable national legislation
- General information
illycaffè S.p.A. (hereinafter also referred to as the "Company" or “illycaffè” or “we”) hereby informs you of the purposes and methods of processing the data you have provided in connection with your participation in the “illy Coffee Music” project (hereinafter also referred to as the “project”)
- Data collected
By participating in the project, illycaffè will collect certain personal information such as your name, phone number, WhatsApp profile picture and other profile information, voice, as well as any other information you include in your message and any attachments thereto and other information you may voluntarily submit.
The data provided will be processed by illycaffè:
- to allow your participation in the project as per the regulation and thus to publish, if selected, your voice message sent through WhatsApp on our website and other marketing channels;
- to comply with a legal obligation, regulation or legislation, and for legitimate interests such as those of enforcing or defending illycaffè’s rights
Mandatory nature of provision
The provision of the data is optional as regards the purposes in point 3, letter A, but is necessary in order to allow you to participate in the project. Thus, refusal to provide the data in full or in part will mean that you will not be able to participate in the project. The provision of the data is necessary for the purposes in point 3, letter B, and refusal to provide the data in full or in part will mean that you will not be able to participate in the project.
- Categories of recipients of the data
For the purposes in point 3, letter A, the data may not be communicated, but as regards only your voice and any data contained in the voice message, may be disclosed as indicated in the regulation and below. For the purposes in point 3, letter A, your consent is required, which is optional.
For the purposes in point 3, letter B, the data may be communicated when necessary to judicial bodies, public entities/authorities, legal advisors/lawyers, health insurance companies and bodies, mail and shipping companies (and in that case, the data will only be communicated if indispensable for the pursuit of the purposes indicated in that form).
Your data may be accessed, on behalf of illycaffè, by all of the persons specifically assigned to carry out their respective roles (personnel assigned to the initiative; marketing staff, including outside of the Company; legal office staff; packing and shipping personnel, including outside of the Company; personnel who work on the information systems, including system administrators; legal advisors; collaborators of internal and external data processors), and by the internal and external data processors (e.g. IT outsourcers and marketing companies assigned to the initiative). The list of data processors can always be obtained upon request from the Data Controller.
You agree that by participating in the project and by providing your personal information described in Section 2, you are authorizing that your data be stored by the Company and transferred to illy caffè North America.
The data will be kept for the entire period necessary to pursue the purposes contained in the statement. The period the data will be stored is as follows:
- for legal obligations, regulations and European legislation, the data may be kept for the periods required by those sources of law;
- for the purposes in point 3, letter A of this statement, the data will be kept for the entire period necessary to enforce or defend the Company’s rights, and thus for a period of 10 years, except in cases of litigation which could further extend that period;
in any event, all of the data may be kept for a period necessary to enforce or defend the Company’s rights based on Italian and European legislation.
- Data Controller and Data Protection Officer.
The Controller of the data provided is illycaffè S.p.A. with registered office at via Flavia 110, Trieste, telephone number +39 040 3890111, fax number +39 040 3890490, e-mail email@example.com. There is also a Data Protection Officer who can be reached at the e-mail address firstname.lastname@example.org and at the Company’s addresses.
We inform you that the GDPR gives the data subject the right to contact the Data Controller (at the addresses indicated above) and to request access to the personal data or the rectification or deletion of the same or the restriction of the processing in the data subject’s regard, or to oppose the processing or obtain the portability of the data, and request the other rights contained in section 3 of the GDPR, including to revoke consent, where allowed. The revocation of consent does not affect the legitimacy of the processing based on the consent provided before revocation.
The data subject can always file a complaint with the Italian Personal Data Protection Authority, whose contact information can be found on the website www.garanteprivacy.it.
- Legal Basis
The legal basis for the processing is constituted by the legal obligations (under Italian and European laws) and the Controller’s legitimate interest in the relationship with the user, and for the purposes of point 3, letter A, also by the consent.
- Method of processing
We inform you that the data will be processed by the Company manually, in paper form, with IT or electronic tools (and thus the Company will process and store your data on both paper and electronic media) and will be protected with protection systems suitable to maintain the confidentiality of the data. All of the data indicated above will be stored and processed in full compliance with applicable confidentiality obligations (and thus also in compliance with the principles of fairness, lawfulness and transparency and protection of confidentiality of the rights) and with logics strictly related to the purposes indicated in this statement. The data will be subject only to operations necessary for the pursuit of the purposes indicated in this statement. The data will be kept, as regards the Company, by the data processors appointed by the Company (and by third parties to whom the data is communicated as specified in this statement). The data will also be organized in databases, including electronic databases.
- Temporary storage of data
We note that by sending the message through WhatsApp, illycaffè may temporarily possess the data, including through its outsourcers, even before receiving your confirmation of participation through the specific message. If you do not confirm your authorization to participate in the project, your data will be deleted. By sending the voice message you state that you consent to this temporary storage. The data will not be communicated to third parties, and provision of the same is optional. The legal basis for the processing is the consent.
- Children’s information
We are committed to protecting the safety and privacy of young people using the Internet. We do not knowingly collect personal data from children under age 13. If you become aware that we have collected personal data from a child without parental consent, please notify us promptly at email@example.com. If we become aware that a child under age 13 has provided us with personal data without parental consent, we will take steps to remove such personal data.
- California privacy rights
Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact the following with such request:
800 Westchester Ave., Suite 440
Rye Brook, New York 10573
Attn: Customer Care Manager – California Privacy Compliance
Further, in accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by telephone at (916) 445-1254 or (800) 952-5210; or by email to firstname.lastname@example.org. For more information about protecting your privacy, you may wish to visit: www.ftc.gov.
Statement up-to-date as of August 30, 2019.