Personal data processing information to debtors

 

PERSONAL DATA PROCESSING INFORMATION document pursuant to art. 13 of Legislative Decree no. 196 of 30 June 2003

(Personal Data Protection Code)

 

Dear Madam/Mr., Dear Sirs,

 

Pursuant to art. 13 of Legislative Decree no. 196/2003 (Personal Data Protection Code), we hereby inform you that Guber S.p.A., having its registered office in Brescia, Via Corfù n. 102, in its capacity of entrusted agent to takings or cessionary of a credit owned against you, will process the personal data regarding you that are and will be communicated by subjects that own/owned a credit against you.

Therefore, pursuant to prescriptions of Personal Data protection Code, we inform you that the personal data processing will be realize according to the following conditions.

 

Art. 1.                Processing purposes

 

Personal data processing (including their registration with the Company’s name lists) is carried out exclusively for the following purposes:

to ensure the exact performance of activity of debt collection and recovery,  including activity connected and functional, as for example, to send communications of reminder, warning, for calls with the debtors, to assign powers of attorney, to intent legal proceedings to recover the credit, as well as to provide information by phone to the requiring debtors;

to fulfil properly and timely the obligations deriving from the current law or regulations, in particular with reference to prescriptions of debt recovery, as well as prescriptions against laundering and with specific reference to tax and public safety matters.

 

Art. 2.                Provision of data

 

Guber S.p.A. will process personal data regarding you only for the purpose of carrying out the activity of debt collection and recovery, in compliance with specific prescriptions on this matter, as well for internal administrative and organizational purposes.

 

We inform you that personal data regarding you will be processed by Guber S.p.A. only for the purposes under art. no. 1 above. Please note that consent to your data processing is not necessary, differently Guber will not be able to fulfil the activity of debt recovery.

 

In any case, personal data communicated to Guber S.p.A. by client/ principal / assignor of credit, and regarding your position as debtor and / or guarantor and/or co-obliged, are transferred only for the purposes under art. 1 above, in compliance with legal prescriptions.

 

Art. 3.                Processing methodologies

 

Your personal data processing will mainly be carried out by electronic or in any case automated means, utilising methods and tools adequate to ensure safety and confidentiality in accordance with Legislative Decree 196/2003.

Specifically, all technical, IT, logistic and procedural safety measures provided for by Legislative Decree 196/2003, as well by Provision of Authority of 30 November 2005 related to “Legality, correctness and relevancy in the activity of debt recovery”, will be adopted to ensure the minimum data protection level provided for by the law, granting access only to the entities in charge of processing appointed by the Data Controller or the Data Processors designated by the Data Controller.

The information gathered and the processing method will be relevant to and not excessive in relation to the type of services rendered.

Data will be handled and protected in environments to which access is constantly monitored.

 

Art. 4.     Data communication and spreading

 

Your data may be communicated:

1) to third parties, in Italy or abroad, within the European Union, to consent the fulfilment of the purpose of the task assigned and, in particular to the following entities: (i) other companies charged of the debts recovery; (ii) companies carrying out activities of business information, companies carrying out customer service and information activities (also working by call center), professionals, collaborators (internal and external); (iii) lawyers, procurators, consultants, judiciary authorities, banks, lending institutes, insurance institutes, commercial partners of Guber for the fulfilment of the same purposes;

2) all entities (including public authorities) who have access to personal data pursuant to laws or regulations;

3) companies, advisors or professionals to whom the installation, maintenance, updating and management in general of  Guber’s hardware and software are assigned or which are utilized by the Company to provide its services;

4) companies to whom Guber assigned information and papery data base;

5) other companies of the Group, with registered office in Italy or abroad, within the European Union;

6) all public and/or private entities, individuals and/or legal persons (legal, administrative and tax consultancy firms, judicial authorities, chambers of commerce, Employment and Labour offices etc.), if the communication is necessary or functional to the correct performance of the contractual obligations entered into and the legally prescribed obligations.

 

Your personal data will not be spread, other than for statistical or research purposes in aggregate and anonymous format.

 

Art. 5.                Personal Data Controller and Personal Data Processor

 

Guber S.p.A., having its registered office in Brescia, Via Corfù 102, is the Personal Data Controller.

The Personal Data Processor within the meaning of art. 29 of Legislative Decree 196/2003 is Marco Bertini, resident at the Data Controller’s registered office in Brescia, Via Corfù n. 102.

All claims and requests related to the processing of personal data regarding you may be submitted to the above-mentioned Personal Data Controller or the Personal Data Processor at the following addresses:

a) Guber S.p.A., Via Corfù n. 102 – 25124 Brescia (Italia)

b) indirizzo mail: TrattamentoDati@guber.it

c)indirizzo fax: (+39) : 030.2450351

 

Art. 6.     Storage of personal data

 

Your personal data will be stored only for the period of time required to ensure a correct provision of the fulfilment of the activity of debt collection.

With the exact achievement of the purposes indicated in the art. 1 above, it being understood prescriptions of law, your personal data  will be destroyed pursuant the provision of Persona Data protection Code).

Your data will be stored for administrative purposes for a period prescribed by law, in particular subject to specific legal obligations regarding the keeping of accounting documents or public order and protection of credit.

 

Art. 7.     Right of access to personal data

 

Pursuant to art. 7 of Legislative Decree 196/2003, you will have the right to:

a)            obtain confirmation as to whether or not personal data concerning you exist, and communication of such data in intelligible form;

b)            obtain from the Data Controller or the Data Processor:

-                 information on the source of the personal data, on the processing purposes and methods, on the logic applied to the processing if the latter is carried out with the help of electronic means;

-                 identification data concerning Data Controller, Data Processors and, if it is the case, the representative designated by a foreign entity for data processing in Italy;

-                 information on the entities or categories of entities to whom or which data may be communicated or who or which may get to know said data in their capacity as designated representative in the territory of the State, Data Processors or persons in charge of the processing;

c)            obtain:

-                 updating, rectification or integration of the data relating to you;

-              erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is necessary for the purposes for which they have been collected or subsequently processed;

-                 certification to the effect that the operations as per the letters above have been notified as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected;

d)            object in whole or in part:

-              on legitimate grounds, to the processing of personal data concerning you, even though they are relevant to the purpose of the collection;

-              to the processing of personal data concerning you, where it is carried out for the purpose of sending advertising material or direct selling or else for the performance of market surveys or commercial communications. 

The rights specified above may be exercised by making a request to the Data Controller or Processor without formalities. The request may be sent to the Data Controller or Processor by registered letter, fax [(+39) 030.2450351] or email at TrattamentoDati@guber.it.

 

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Guber S.p.A.