PRIVACY NOTICE PURSUANT TO ARTICLES 13 AND 14 OF REGULATION (EU) 2016/679 FOR CUSTOMERS

The Data Controller is Baoli EMEA S.p.A., with registered office in Viale de Gasperi, 7 - 20045 Lainate (MI), available for any matter relating to the processing, as well as for the exercise of the rights referred to in articles 15 to 22 of the Regulation, to the address indicated above and/or to the following e-mail addresses: gdpr@baoli-emea.com and baoliemea@pec.baoli-emea.com

Baoli EMEA S.p.A. processes, at the establishment of the business relationship and in the execution of the same, personal data relating to the Customer and/or to persons belonging to Customer Company such as, for example, identification and contact data, as well as accounting data indispensable for the payment of the goods/services supplied and information relating to legal and regulatory compliance (the ‘Data’). (the "Data").

These Data will be collected directly from the Data Subject, from the client company, or from sources accessible to the public, third parties expressly appointed to do so (such as, for example: Chamber of Commerce, public directories and/or registers, operators for credit risk analysis, social security and welfare institutions, banks and/or financial offices, insurance services, etc.).

The processing of Data is aimed at:

• the correct establishment, management and termination of the contractual and commercial relationship (invoicing and administrative management activities in general, evaluation of the Customer through the due diligence activities, communications related to the execution of the work, coordination, training etc ...), or for the purposes of ascertaining, exercising or defending a right in or out of court;
• sending – by e-mail – promotional material on news, promotions and offers of products similar to those purchased (so-called soft-spam)

The processing of your personal data, intended for the pursuit of the purposes referred to in point 3, is carried out in the presence of the following legal basis:

(i) execution of the commercial contract signed with the customer and fulfillment of legal obligations for the purposes referred to in point 3.1;
(ii) the legitimate interest of the Controller with regard to due diligence activities and the sending of promotional communications concerning products similar to those previously purchased (purposes referred to in Section 3.2).

The processing of Data will take place by means of the operations or set of operations indicated in art. 4.2 of the Regulation: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
These operations will be carried out both with the aid of electronic or automated tools, and manually and by means of paper archives.
The Data will be processed by the Company in compliance with the principles of correctness, lawfulness, transparency and protection of your privacy and your rights, as well as in accordance with the provisions of the Regulation, the current provisions on the subject and through the adoption of adequate security measures pursuant to art. 32 of the Regulation.

The provision of Data for the purposes indicated in point 3 above, is a mandatory requirement for the execution of the contract.

The processing of Data will be carried out by the data controller and/or employees duly instructed and trained by the data controller and or by third parties expressly appointed, where necessary, data processors by the data controller.

Therefore, we inform you that the Data may also be communicated by the Company, to: 

• authorities and supervisory and control bodies and in general subjects, public or private, with functions of public importance;
• companies of the KION Group or in any case subsidiaries or associates;
• subjects that carry out data acquisition, processing and processing services necessary for the execution of the provisions received from customers; 
• subjects that provide services for the management of the information system of Baoli EMEA S.p.A. and telecommunications networks (including e-mail);
• subjects that carry out activities of transmission, enveloping, transport and sorting of communications with the data subjects;
• subjects that carry out documentation archiving and data entry activities;
• studies or companies in the context of assistance and consultancy relationships;
• subjects that carry out control, audit and credit recovery obligations;
• subjects that carry out activities of promotion and sale of products / services of Baoli EMEA S.p.A.

These subjects, where necessary, have been appointed by the data controller, data processors or operate in total autonomy as separate data controllers, committing themselves to comply with the provisions regarding the processing of personal data.
Your data will not be subject to disclosure.

As part of the pursuit of the purposes referred to in point 3 above, the Data will not be transferred to third countries located outside the European Economic Area. Should this happen, Baoli EMEA S.p.A. will carry out such transfers after assessing the level of protection recognized in the destination state and only where there is an adequacy decision of the European Commission, or by resorting to the use of the so-called standard contractual clauses, approved by the European Commission and giving specific information to the interested parties.

The Data collected will be kept for the time necessary to fulfill the purposes referred to in point 3 above and, in particular for accounting data, 10 years since the termination of the contractual relationship for the purposes referred to in point 3.1., unless further storage is necessary to fulfill a legal obligation or for the protection of a right of our Company before a judicial, administrative or other authority.

In relation to Personal Data, each interested party may exercise - by writing to our Company to the contact details indicated below - the rights referred to in Articles. 15-22 of Regulation (EU) 2016/679 and in particular:

• access: you can obtain information about the processing of Personal Data and a copy of them;
• rectification: where you believe that your Personal Data is inaccurate or incomplete, you may request that such data be rectified or modified following your instructions;
• erasure: except in the cases provided for by applicable law, you will have the right to request the erasure of the respective data, when: (i) the data are no longer necessary for the purposes for which they were collected and processed; (ii) revoke your consent to the processing; (iii) you object to processing for direct marketing purposes or processing carried out to pursue other purposes and there are no overriding legitimate reasons to continue with the processing; (iv) the Personal Data are unlawfully processed; (v) erasure is required by law;
• limitation: you may request the limitation of the processing of the respective Personal Data in the cases referred to in art. 18 of the Regulation;
• opposition: you will have the right to object to the processing of your Personal Data in the cases referred to in art. 21 of the Regulation;
• data portability: where the processing is based on contract, you will have the right to receive the Personal Data provided in a structured, commonly used and machine-readable format and, where this is technically feasible, to the secure transmission of the Data to another data controller.

To protect your rights and to protect your Personal Data, each interested party may also, at any time, decide to lodge a complaint with the competent supervisory authority or to bring an action before the competent courts.