Privacy Policy
MODERN MACHINERY FOR TRADING has decided to activate, in cooperation with SAME DEUTZ-FAHR Italia SpA, a new website to provide its users with a better browsing experience and improved services. This site - which is owned by SAME DEUTZ-FAHR Italia SpA, which is also the owner of the corresponding domain name - therefore replaces the https://modernmachinery.net/, which is no longer active or, where it still is, will cease to be active over time, resulting in a redirect to this site.
Therefore, with this document, SAME DEUTZ-FAHR Italia SpA ('SDF Italia') and MODERN MACHINERY FOR TRADING (the 'Dealer') inform users - pursuant to Articles 13 and 14 of Regulation (EU) 679/2016 of the European Parliament and of the Council of 27 April 2016 ('GDPR') - about how this website processes their personal data.
This information is provided exclusively for the modern-machinery.sdfdealer.com (the 'Site').
- TYPES OF DATA PROCESSED, PURPOSES AND LEGAL BASES OF PROCESSING
Personal data collected and/or provided by Data Subjects through the Site shall be processed by SDF Italia and the Dealer in the manner and for the purposes described in this section.
- 1.1.Data provided voluntarily by the user
- Data processed:Personal data provided directly by Data Subjects (e.g. name, surname, name and references of the company they work for, contact details, any other information contained in Data Subjects' requests) when they decide to fill in the Site's forms.
- Purpose of processing: SDF Italia and/or the Dealer may process the personal data referred to in this paragraph solely to respond to the requests made by Data Subjects and provide them with the requested service/product.
- Legal bases of processing: The legal bases of the processing operations described in this paragraph are:
- the need to perform a contract and/or pre-contractual measures taken at the request of the Data Subject, e.g. in the case of a request for a quote, technical assistance and/or accessories and spare parts (Art. 6(1)(b) GDPR);
- the consent of the Data Subjects if they request other types of information (e.g. filling in the 'Work with us' section). In such cases, the fact that a Data Subject decides to contact SDF Italia or the Dealer by submitting a request will be considered an unequivocal positive action equivalent to written consent within the meaning of Article 4(11) GDPR (Art. 6(1)(a) GDPR).
- Need to provide data: The provision of the data in this paragraph marked with an asterisk is compulsory for the performance of the service/fulfilment of the request made by the Data Subject; however, the provision of other data is optional. Therefore, in the event of failure to provide the data marked with an asterisk, it will not be possible to follow up on the requests submitted by Data Subjects, whereas in the event of failure to provide the other data, it will not be possible to process them at all.
- Retention period: The data processed in accordance with this paragraph will be kept for the period strictly necessary to provide a response to the requests of the Data Subjects. Without prejudice to the possibility for SDF Italia and/or the Dealer to extend the aforementioned period should this be necessary to fulfil legal obligations to which they are subject or to protect their right before a competent authority.
It is understood that where the Dealer's local regulations provide for different and/or specific methods and/or times of storage of personal data, the Dealer shall make known to Data Subjects all necessary information on the processing of their personal data.
- 5.2.Marketing Activities
- Data processed.Some of the personal data voluntarily provided by the Data Subject under the previous paragraph (e.g. email address, telephone number and postal addresses).
- Purpose of processing.SDF Italia and the Dealer may process the personal data referred to in this paragraph to perform marketing activities, which may take the following forms:
- sending email messages – to the coordinates provided by the Data Subject in the context of a purchase – referring to products similar to those purchased, limited to their respective customers (so-called soft-spam);
- sending promotional newsletters, conducting market surveys, also to assess the degree of user satisfaction, and sending advertising material, also using automated systems such as email or by traditional methods (e.g: paper mail or brochures), referring to products that are not similar to those purchased by a person who is already a customer or directed at users who are not yet customers(marketing purposes). The messages and promotional communications in question may refer not only to products of SDF Italia and/or the Dealer, but also to products of companies belonging to the same group as SDF Italia, its partners or third parties. In this regard, however, SDF Italia and the Dealer will not share the data of the Data Subjects with such third parties, but will themselves proceed to send communications and messages relating to such products.
- Legal bases of the processing operations.The legal bases on which the processing of personal data for the marketing purposes described herein is based are, respectively:
- the legitimate interest of the Data Subject, in the case of communications relating to products similar to those purchased by its customers(so-called soft-spam), in application of the provisions of Article 6(1)(f) GDPR and Article 130(4) of Italian Legislative Decree 196/2003 ('Italian Privacy Code') for SDF Italia. In such cases, the Data Subjects may still object to such processing by sending an email to privacy@sdfgroup.com or via the link provided at the bottom of any promotional email communication sent to Data Subjects. Opposition expressed in this manner also extends to the sending of communications by postal service and
- the consent of the Data Subjects in the case of promotional messages sent to persons who are not customers of SDF Italia and/or the Dealer, or relating to products that are not similar to those already purchased by a customer of the same (Art. 6, par. 1, lett. a) GDPR).
- Need to provide data: The provision of the data referred to in this paragraph, and the provision of consent to its processing, where necessary, is optional. Lack of consent to data processing will therefore not affect the Data Subject's freedom to navigate the Site and use its services.
- Data retention. Data processed for marketing purposes will be retained for 24 (twenty-four) months after it has been provided and consent to its processing has been given, where required. At the end of this period, the Data Subject will be asked to renew consent to the processing of such data. This shall be without prejudice to the possibility for SDF Italia and/or the Dealer to extend the aforementioned retention period if this is necessary to comply with a legal obligation imposed on them or to protect their rights before a competent authority.
It is understood that if the Dealer's local regulations provide for different methods and/or times for storing personal data, the Dealer will make known to the Data Subjects all necessary information on the processing of their personal data.
- 5.3.Profiling
- Data processed. Some of the personal data voluntarily provided by the Data Subject pursuant to section 1.1 above (e.g. country, city, province).
- Purpose of processing. SDF Italia and the Dealer may process the personal data mentioned in this paragraph to perform profiling activities aimed at sending advertising material or personalised promotional communications. However, no profiling activities will be carried out by SDF Italia and/or the Dealer directly through the Site(i.e. through cookies).
- Legal Basis. The legal basis for profiling activities is the Data Subjects' consent pursuant to Art. 6(1)(a) GDPR.
- Need to provide data. The provision of the data described in this section, and the provision of consent to its processing, is optional and, in its absence, it will not be possible to deliver personalised promotional messages and communications to the Data Subjects. Lack of consent to data processing will not affect the Data Subject's freedom to navigate the Site and use its services.
- Retention period. Data processed for profiling purposes will be retained for 12 (twelve) months after it has been provided and consent to its processing is given, where required. At the end of this period, the Data Subject will be asked to renew consent to the processing of such data. This shall be without prejudice to the possibility for SDF Italia and/or the Dealer to extend the aforementioned retention period if this is necessary to comply with a legal obligation imposed on them or to protect their rights before a competent authority.
It is understood that if the Dealer's local regulations provide for different methods and/or times for storing personal data, the Dealer will make known to the Data Subjects all necessary information on the processing of their personal data.
- 5.4.Navigation data
When a user visits the Site, SDF Italia and the Dealer collect the following browsing data:
- technical information, including IP address, information on devices used by visitors to the Site, browser and operating systems, etc.
- information about navigation on the Site, including URLs of pages visited and activities performed on the page, dates and times of navigation, time spent on the Site, clickstream, etc.
This information is collected for the proper functioning, management, maintenance and improvement of the Site, and to ensure that the Data Subjects can browse safely and to be able to ascertain liability in the event of cyber-security breaches. It is also used to enable SDF Italia and the Dealer to obtain statistical analyses on the use of the Site, including in aggregate form, and to enable promotional announcements to be sent in line with the wishes and interests of the individual Data Subjects.
Site users are always free to decide whether to provide their browsing data, for example by choosing to disable cookies through their browser settings. However, the refusal to provide information necessary for browsing purposes may make it impossible to carry out activities strictly connected with browsing and, therefore, also to consult and interact with the Site.
This data is only stored for as long as is strictly necessary for the purposes for which it is collected.
Browsing data is collected through the use of cookies. To learn more about how cookies work and how to activate and deactivate them, please consult the cookie policy[Internal note: insert hyperlink to cookie policy].
It is understood that if the Dealer's local regulations provide for different methods and/or times for storing personal data, the Dealer will make known to the Data Subjects all necessary information on the processing of their personal data.
- 5.5.Plug-ins and interaction with social media
The Site allows interaction with third-party sites and social networks (Google, Instagram, Facebook, etc.) through hyperlinks, share buttons, social plug-ins and other similar tools.
By accessing one of the areas of the Site equipped with these kinds of tools, the Internet browser will connect the Data Subjects directly to the servers of the third-party sites in question, thus transferring their personal data to the operators of those sites.
The data transfer will be carried out with the Data Subjects' consent, expressed unambiguously when they click on a specific hyperlink, plug-in button or other similar tool.
Depending on the specific agreements in place with the operators of such third-party sites, SDF Italia and the Dealer may act as independent Data Controllers or joint Data Controllers regarding such data transfers. Regarding the privacy protection methods and the processing of personal data collected by the managers of third-party sites with which the interactions described take place, please refer to the relevant sites.
- PROCESSING PROCEDURES
The processing of the personal data of Data Subjects will mainly be carried out with the aid of electronic or otherwise automated means, according to the methods and with the tools suitable to ensure the security and confidentiality of the data in compliance with the GDPR. In particular, all the necessary technical, IT, organisational, logistical and procedural security measures will be taken to guarantee the minimum level of data protection required by law, allowing access only to the persons in charge of processing or to the expressly designated Data Processors.
The information acquired and the methods of treatment will be pertinent and not excessive with respect to the type of services rendered. The data will also be managed and protected in environments whose access is under constant control.
- COMMUNICATION AND DISSEMINATION OF DATA
The personal data of Data Subjects processed pursuant to this Privacy Policy may be disclosed:
- to all those subjects (including public authorities) who have access to personal data by virtue of regulatory or administrative measures or by provision of law;
- to other companies in the SDF Group or with which the Dealer has contractual relations. These subjects will process the personal data collected through the Site as independent Data Controllers and in compliance with this privacy policy;
- companies, consultants or professionals in charge of installing, maintaining, updating and, in general, managing the hardware and software connected to the Site or used by SDF Italia and the Dealer to provide their services (e.g. Leadspark);
- companies or third parties in charge of enveloping, labelling, shipping and/or delivery and/or collection services;
- external companies in charge of sending advertising communications on behalf of SDF Italia and the Dealer;
- employees and/or contractors of SDF Italia and the Dealer;
- all those public and/or private individuals and/or legal entities (legal, administrative and tax consultancy firms, Judicial Offices, Chambers of Commerce, Chambers and Labour Offices, etc.), if the communication is necessary or functional for the correct fulfilment of the contractual obligations assumed, and the obligations arising from the law.
Data relating to Data Subjects will not be disseminated, except in anonymous and aggregate form for statistical or research purposes.
- DATA TRANSFER OUTSIDE THE EEA
SDF Italia and the Dealer will not transfer the personal data of Data Subjects to countries outside the European Economic Area ('EEA'), which includes, besides the Member States of the European Union, Norway, Lichtenstein and Iceland.
Should this prove necessary to pursue the purposes of the processing operations described in this Privacy Policy, SDF Italia and the Dealer ensure that any transfer of data outside the EEA will take place in such a way as to ensure full protection of the rights and freedoms of the Data Subjects. Where, regarding the recipient third country, the European Commission has issued no adequacy decisions, the data transfers will be carried out by adopting the guarantees under articles 46 and following of the GDPR, including the standard contractual clauses approved by the European Commission and a considered assessment of the legislation of the receiving third country, if any.
- DATA CONTROLLER
The Data Controllers for processing carried out through the Website are SAME DEUTZ-FAHR Italia S.p.A., with registered office in Viale Francesco Cassani 15 - 24047 Treviglio (BG) - Italy, Tax Code/VAT number 00778780163 and MODERN MACHINERY FOR TRADING, with registered office in KM 28 PO BOX 12311 CAIRO ALEX DESER, Tax Code/VAT number 487-068-777 who act (i) in collecting the personal data and in the processing referred to in paragraphs 1.1 and 1.4 as joint controllers of processing pursuant to Art. 26 GDPR and (ii) for other processing operations carried out (i.e. purposes of marketing</ span>, profiling etc.)as independent Data Controllers, in compliance with the specifications of in this privacy policy.
SDF Italia and the Dealer may be contacted at the following addresses:
SDF Italia
Address: Viale Francesco Cassani, 15 - 24047 Treviglio (BG) - Italy
Phone: +39 0363.4211
Email: privacy@sdfgroup.com
Dealer
Address: KM 28 PO BOX 12311 CAIRO ALEX DESER.
Phone: 20223495011.
Email: sales@modern-machinery-eg.com.
The essential content of the agreements in place between SDF Italia and the Dealer pursuant to Article 26 GDPR is available to Data Subjects who may request it at any time.
- RIGHTS OF THE DATA SUBJECT
Pursuant to Article 13 of the GDPR, SDF Italia and the Dealer inform the Data Subjects that, under current legislation, they have the right to:
- request access to and rectification or erasure of their personal data or restriction of its processing or to object to its processing;
- request the portability of data concerning them provided in a structured, commonly used and machine-readable format, and have the right to transmit such data to another Data Controller without hindrance;
- withdraw consent at any time without affecting the lawfulness of the processing based on the consent given before the withdrawal; and
- complain to a Data Protection Authority (e.g. for Italy the Garante per la protezione dei dati personali - Piazza Venezia, 11 - 00187 Roma; Tel. +39 06 696771 email protocollo@gpdp.it).
The above rights may be exercised by making a request to the contact data indicated in the previous paragraph without formalities.
- CHANGES TO THIS PRIVACY POLICY
SDF Italia and the Dealer reserve the right to make changes to this Privacy Policy at any time, giving appropriate publicity to Site users and ensuring in all cases adequate and similar data protection. To view any changes, each Data Subject is invited to consult this Privacy Policy regularly.
In any case, if substantial changes are made to this policy (e.g: processing of personal data for different and additional purposes) should be substantial, SDF Italia and/or the Dealer should notify the Data Subjects by email.