Privacy policy in accordance with Regulation (EU) 2016/679,
regarding personal data processing for the purpose of
COMMERCIAL INFORMATION

The Agenzia Investigativa Pratese provides a commercial information service (RESIDUAL) 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 defense of their rights and/or interests.
According to national legislation, the commercial information service consists of “the service requested by third parties (Clients) concerning the search, collection, registration, organization, analysis, evaluation, processing and communication of information from public sources and sources which are publicly and generally accessible by anyone or otherwise acquired by the interested party, such as to provide further knowledge value to third parties” and can only be performed by those in possession of a prefectural license issued by the competent Prefettura pursuant to art. 134 of R.D. n. 773/1931.
This information is provided on the basis of the principles recognized in art. 5, par. 3 of the Codice di condotta per il trattamento dei dati personali in materia di informazioni commerciali, issued by the Garante per la protezione dei dati personali with resolution of 12.06.2019 (register no. 127 of 12/06/2019), available at the following link https://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/9119868, and exclusively concerns commercial information services as defined above and carried out through information coming from public sources and sources publicly and generally accessible to anyone.

1) CATEGORIES OF DATA SUBJECTS OF THE PROCESSING (to whom this information is addressed):
> Any natural person on whom a commercial information service is requested;
> Subjects legally and/or economically linked to the natural person on whom a commercial information service is requested (*);
> Natural persons or other interested parties legally or economically linked (*) to the legal person or association on which a commercial information service is requested.
(*) It must be considered that there is a legal and/or economic link between two or more interested parties and between an interested party and a subject other than the natural person (e.g. company) when one or more of the following situations occur:
a) participation of the interested party in a business or a company through the direct or indirect possession or control of a percentage of shares or bonds, or voting rights, equal or higher than the thresholds identified in art. 8 of the Codice di Condotta;
b) exercise, through the office or position held by the interested party, of effective powers of administration, management and control of a business or a company.

2) WHICH DATA ARE PROCESSED
> Data relating to patrimonial, economic, financial, credit, industrial and productive aspects, with the exclusion of the particular categories referred to in art. 9, par. 1 of Regulation (EU) 2016/679, that is “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation”;
> Data relating criminal convictions and offences from public sources;
> Data relating criminal convictions and offences disclosed in the last six months, starting from the date of receipt of the request for the service by the Client, and without any possibility of modifying the content of such information – except for their possible update – or using them for the purpose of processing evaluation information;
> Evaluative information and judgments, expressed in predictive or probabilistic terms, issued on the basis of statistical analysis, processing and evaluations carried out by expert analysts, also on the basis of a classification into predefined categories or classes or an overall evaluation of the acquired data;
> Additional information useful to the purposes of verifying the solvency or reliability (typically other companies and economic operators with whom the interested party has or has had relations), such as the so-called payment habits, amount of credit or debit, etc. when both the information obligations and the acquisition of consent (where necessary) have been fulfilled.

3) WHERE THE DATA COME FROM (data sources)
For the purposes of providing the service the following are processed:
> Data provided by the Client: name, address, phone number, email address, information on the type of business relationships established or establishing, etc.;
> Data/documents that may be provided directly by the interested party in the event of any contacts with Agenzia Investigativa Pratese;
> Data available on public sources, i.e. public registers, lists, deeds or documents available to anyone on the basis of current legislation, including, by way of example and without limitation:
1) business register, financial statements and lists of shareholders, inquiries and deeds relating to bankruptcies or other insolvency procedures as well as the computer register of protests at the Chambers of Commerce and the related consortium InfoCamere;
2) real estate deeds, cadastral and prejudicial deeds (e.g. registrations or erasures of mortgage, transcriptions and erasures of injunctions, foreclosure, or judicial documents and related annotations) kept in the registers managed by the Revenue Agency (among which there are the ex Conservatories of real estate registry and the Cadastral Office), in the Public Vehicle Registry and in the Resident Population Registry;
> Data from public sources and generally accessible by anyone, including, by way of example and without limitation: newspapers and similar, so-called category lists, telephone directories and related on-line services, websites;
> Third parties when possible in compliance with the provisions of current legislation.

4) WHY DATA ARE PROCESSED (purposes of the processing)
The processing carried out has the following purposes:
> Providing the Client with commercial information services to enable him/her to correctly evaluate an interested party at an economic and commercial level; in some cases the Client requests the information in the form of lists of interested parties (by sectors or categories), for their subsequent use for marketing, promotional, commercial and advertising purposes, while the Client himself/herself will remain responsible for all the information obligations and the possible acquisition of consent of the interested party to the processing carried out by him/her;
> Satisfying any requests from the interested party;
> Generating/formulating assessments and judgments, also expressed in predictive and possibilistic terms or on the basis of a classification in predefined categories or classes (scores and/or rating);
> Defend or assert a right of the Client, of Agenzia Investigativa Pratese or of a third party.

4.1) WHY DATA CAN BE PROCESSED (legal basis)
Data can be processed:
> When the processing relates to personal data which are manifestly made public by the Data Subject pursuant to art. 9, par. 2, let. e), of Regulation (EU) 2016/679;
> When the processing is necessary for the purposes of the legitimate interests pursued by the Client, mainly in relation to the preventive protection of credit, pursuant art. 6, par. 1, let. f), of Regulation (EU) 2016/679;
> When the processing is necessary for the purposes of the legitimate interests pursued by the Client, such as monitoring and prevention of fraud, the guarantee of the security and reliability of the services provided, the stability of the management and proper execution of commercial relations and economic and financial activities between the latter and the registered subject, as well as the defense of relative rights, pursuant art. 6, par. 1, let. f), of Regulation (EU) 2016/679;
> When data come directly from the Data Subject, with his/her consent.

5) HOW AND BY WHOM DATA ARE PROCESSED (processing modalities)
In relation to the aforementioned purposes, the processing of personal data may take place by paper, IT and telematic tools, and it will concern – in full compliance of the principles recognized by the aforementioned Codice di Condotta – all operations or set of operations necessary for the processing at stake, including communication within the scope referred to point 8.
More in detail, information:
> May be collected both manually and with the aid of electronic and telematic devices, in both direct and indirect form, from public entities or from other private suppliers (which also provide commercial information service), both in Italy and abroad on the basis of specific agreements with the latter and, in any case, in compliance with forms and limits established by provisions of law regarding knowledge, usability and publicity of documents and data contained therein.
> May be integrated and used for the preparation of reports and files according to the level of service required by the Client.
The data may be processed on behalf of the Data Controller exclusively by duly authorized and trained subjects as well as by companies/consultants, appointed as Processors pursuant art. 28 of Regulation (EU) 2016/679, that need to access data for services functional to the processing of this document (e.g. management/maintenance of IT systems, corresponding agencies, etc.) always and only within the limits of what is actually necessary to carry out its functions.

6) HOW LONG DATA ARE STORED
The data may be kept as long as they remain accessible and/or published on 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 term provided by specific legal provisions, information from public sources relating to negative events may be stored in compliance with the following time limits:
a) information relating bankruptcies or insolvency proceedings for a period of time no exceeding 10 years from the date of the opening of the bankruptcy proceedings; once this period has elapsed, the aforementioned information may be further used by the suppliers, only when there is information relating to a subsequent bankruptcy or a new bankruptcy or insolvency proceeding has been started against the registered person or other person linked to him/her, in which case it can last for a maximum period of 10 years from their respective opening;
b) information related to prejudicial and cadastral deeds (mortgages and foreclosures) for a period of time not exceeding 10 years from the date of their transcription or registration, without prejudice to their possible cancellation before this term, in which case the annotation of the cancellation will be kept for 2 years.
Furthermore, the Agenzia Investigativa Pratese did not consider having its own database, consequently, once the Client’s request has been provided, it does not keep the information beyond the term necessary to demonstrate the correctness of its work, except for special needs.

7) TO WHOM THE DATA MAY BE COMMUNICATED (subjects or categories of subjects)
Personal data cannot be disclosed but only communicated or made available upon specific request:
> To the Client, private or public, who requests the commercial information service to the supplier, established in Italy or abroad;
> To subjects who can access the data by virtue of the provisions of law, regulation, EU legislation, within the limits set by these norms;
> To corresponding commercial information agencies;
> To commercial information providers.

8) WHEN IT IS COMPULSORY TO COMMUNICATE THE DATA
The communication of any data requested directly to the interested party by the Agenzia Investigativa Pratese is, of course, entirely optional. However, without these data, the Agenzia Investigativa Pratese may not be able to provide the best information, with an obvious disadvantage for all the parties involved.

9) WHO IS THE CONTROLLER
AGENZIA INVESTIGATIVA PRATESE
Via Fratelli Giachetti nr. 28/3
59100 – Prato (PO)
Italy

P.I. e CF 01754990974
Phone number: +39 0574 401179
Email address: info@agenziainvestigativapratese.it

10) HOW TO EXCERCISE THE DATA SUBJECT’S RIGHTS
Relating to the processing, Data Subject shall have the right:
> To request the controller the access to his or her personal data and the rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
> To receive the personal data concerning him or her, in a structured, commonly used and machine-readable format and to transmit, if technically feasible, these data to another controller, if the processing is carried out by automated means (IT) and on the basis of consent;
> To withdraw his or her consent at any time (without any prejudice to the lawfulness of processing based on consent before its withdrawal), obviously this for the processing carried out on the basis of this assumption;
> To lodge a complaint to the supervisory authority:
Garante per la protezione dei dati personali
Piazza di Monte Citorio n. 121
00186 ROMA
Fax: +39 06 696773785
Phone number: +39 06 696771
Email address: garante@gpdp.it
Pec: protocollo@pec.gpdp.it

Requests must be addressed to the data controller, through the contact details indicated at par. 9 above and in the contact area of the website, always bearing in mind that it will not be possible to respond to requests by phone if there is no certainty about the identity of the incoming call.

Latest update: September 14, 2019