CUSTOMER PRIVACY NOTICE

DATA CONTROLLER

Pixel Moda S.r.l., with registered office at at Via Ausonio n. 26, 20123, Milan (MI), Italy, VAT No. 12088950964 (hereinafter referred to as the “Controller” or by the words “we” or “us”).

DATA SUBJECT

The Data Subject is you (i.e. the natural person who can be identified through the personal data processed by the Controller as described below).

SOURCE OF DATA

The data processed by the Controller as described below (hereinafter, the “Data” or “Personal Data”) are provided by you and/or by your company in the context of business relations between your company and Pixel Moda.

PURPOSE OF PROCESSING – Management of the contractual relationship with you: data will be processed in order to carry out all the obligations stemming from our contractual relationship with you.

DATA PROCESSED: first name, last name, professional email, professional telephone number, company where you are employed, address of the company, details of persons of contact, company data (VAT number, invoicing details, company board members, bank account details, certified email address).

LEGAL BASIS: performance of pre-contractual and contractual obligations (Article 6, par.1, lt. b) GDPR).

MANDATORY / OPTIONAL PROVISION OF DATA: necessary. In the event of total or partial failure to provide the Data, or in the event of incorrect provision of Data, it will be impossible for the Controller to initiate, continue or manage the working / collaboration relationship with you, and to carry out properly all related obligations.

RETENTION PERIOD: the Data shall be processed and stored for the entire duration of the collaboration between you and the Controller. Thereafter, the Data will be stored for the period of time prescribed by applicable laws, including accounting laws, and in any case for no longer than 10 years.

PURPOSE OF PROCESSING – Legal and Tax compliance purposes: if required by applicable law, regulation, operating license or agreement, judicial authority or governmental request, or to fulfill other binding authority’s request. Data will be processed, including, but not limited to, through bookkeeping and general ledger, in order to comply with requirements set out under applicable tax legislation and for any other legal purpose.

DATA PROCESSED: first name, last name, professional email, professional telephone number, company where you are employed, address of the company, details of persons of contact, billing data (bank account details, invoice amount, tax code, VAT number).

LEGAL BASIS: compliance with a legal obligation to which the Controller is subject (Article 6, par. 1, lt. c) GDPR).

MANDATORY / OPTIONAL PROVISION OF DATA: necessary to fulfill legal obligations. In the event of total or partial failure to provide the Data, or in the event of incorrect provision of Data, it will be impossible for the Controller to initiate, continue or manage the working / collaboration relationship with you.

RETENTION PERIOD: the Data shall be processed and stored for the entire duration of the collaboration between you and the Controller.  Thereafter, the Data will be stored for the period set by applicable laws, including accounting laws, and in any case for no longer than 10 years.

PURPOSE OF PROCESSING – Signing up on Pixel Moda Platform (creating Client Account).

DATA PROCESSED: first name, last name, company email, company telephone number, company name, company address, billing data (VAT number, invoicing details, bank account details, certified email address, credit card details).

LEGAL BASIS: performance of pre-contractual and contractual obligations (Article 6, par.1, lt. b) GDPR).

MANDATORY / OPTIONAL PROVISION OF DATA: necessary for the performance of the request of registration. In the event of total or partial failure to provide the Data, or in the event of incorrect provision of Data, it will be impossible for the Controller to allow you to sign up on the Pixel Moda Platform.

RETENTION PERIOD: the Data shall be processed and stored for the entire duration of the collaboration between you and the Controller.  Thereafter, the Data will be stored for the period of two (2) years.

PURPOSE OF PROCESSING – Marketing and commercial purposes: your Personal Data may be processed for direct marketing purposes such as for sending our newsletter, commercial information and communications, updates on latest releases relating to Pixel Moda products and services. We might carry out these activities through our newsletter via email or phone, including by automated means (SMS, social media). You can also opt to receive such communications solely by non-automated means (e.g. by non-automated phone calls or by mail) by writing an email to privacy@pixelmoda.net

DATA PROCESSED: name, surname, professional email, professional telephone number, any other information you provide to us.

LEGAL BASIS: your express consent to the processing of Personal Data (art. 6, par. 1, lt. a) GDPR).

MANDATORY / OPTIONAL PROVISION OF DATA: optional. In the event of failure to provide the Data, the Controller will be unable to keep you regularly updated on its latest initiatives, as well as to use your Personal Data for market research and statistical analysis or customer satisfaction surveys. If you have given your consent, you may withdraw it at any time by clicking on the “unsubscribe” link included in our marketing emails you received or by sending an e-mail to privacy@pixelmoda.net

RETENTION PERIOD: your Data will be kept (i) until you withdraw your consent or (ii) for no longer than two (2) years from the date of last engagement with our marketing initiatives and communications.

PURPOSE OF PROCESSING – Negotiations / operations concerning Pixel Moda: sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

DATA PROCESSED: name, surname, professional email, professional telephone number, company where you are employed, job/role position, fiscal code or relevant identification number.

LEGAL BASIS: the legitimate interest of the Controller (Article 6, par.1, lt. f) GDPR).

MANDATORY / OPTIONAL PROVISION OF DATA: processing of Data is necessary for the legitimate interest of the Controller in negotiating and executing corporate transactions. The legitimate interest of the Controller is fairly balanced with your legitimate interest. You may opt-out from this data processing (see “YOUR RIGHTS AS DATA SUBJECT” paragraph below); nonetheless, the Controller may demonstrate that its compelling legitimate interest overrides your interests or fundamental rights and freedom.

RETENTION PERIOD: Data retained for such purpose will be deleted upon completion of the transaction.

PURPOSE OF PROCESSING – Exercise or defense of legal claims: the purpose of processing your Personal Data in the context of legal defense and the enforcement of rights is the defense against claims and the legal enforcement of claims and rights.

DATA PROCESSED: name, surname, professional email, professional telephone number, home/domicile address and any other data as above if required.

LEGAL BASIS: the legitimate interest of the Controller (Article 6, par.1, lt. f) GDPR).

MANDATORY / OPTIONAL PROVISION OF DATA: processing of Data is necessary for the legitimate interest of the Controller in exercising its rights or defending itself from legal claims. The legitimate interest of the Controller is fairly balanced with your legitimate interest. You may opt-out from this data processing (see “YOUR RIGHTS AS DATA SUBJECT” paragraph below); nonetheless, the Controller may demonstrate that its compelling legitimate interest overrides your interests or fundamental rights and freedom for the establishment, exercise or defense of legal claims (Article 21, par. 1, GDPR).

RETENTION PERIOD: no longer than it is required in view of the purposes for which the data were collected and processed

PURPOSE OF PROCESSING – Business outreach: your Data will be processed in order to get in contact with you in order to propose our services.

DATA PROCESSED: name, surname, professional email, professional telephone number, company where you are employed, job/role position.

LEGAL BASIS: the legitimate interest of the Controller (Article 6, par.1, lt. f) GDPR).

MANDATORY / OPTIONAL PROVISION OF DATA: processing the Data is necessary for the legitimate interest of the Controller in offering its service to you. The legitimate interest of the Controller is fairly balanced with your legitimate interest. Such processing is not mandatory and you may object to such processing at any time as per “YOUR RIGHTS AS DATA SUBJECT” paragraph below.

RETENTION PERIOD: your Data will be kept (i) until you opt-out/ask to be removed from the Controller’s contact list or (ii) for no longer than two (2) years from the date of last engagement.

METHODS OF DATA PROCESSING AND AUTOMATED DECISION MAKING

Your Data will be processed according to the principles of fairness, lawfulness and transparency, through manual and automated methods and by deploying either paper or electronic means, in any case within the limits of the purposes of data processing set forth by the present notice and, in any case, in order to ensure the safety and confidentiality of your Data.

SUBJECTS AUTHORIZED TO PROCESS YOUR DATA

Your Data will be processed exclusively by the Controller’s duly appointed employees, who have been expressly authorized to process the Personal Data under our instructions. We take (and we ensure that such authorized subjects take) the appropriate measures to protect your Data in relation to all the purposes set forth above.

POSSIBLE RECIPIENTS OF THE DATA

The Data will not be disclosed, and may be known exclusively by the following subjects in relation to the purposes of processing set out above:

→ outsourced service providers and/or trusted external consultants of the Controller who provide the Controller with services inherent to the purposes set out in the above table which will act as Data Processors appointed by the Controller, for the time strictly necessary for the provision of such services;

→ third parties who establish business relationships with the Controller (limited to certain categories of data) such as clients, suppliers, business partners and any related companies or subsidiaries who will act as independent data controllers;

→ additional parties which may process data as independent data controllers: (a) subjects who can access the data by virtue of legal provisions provided for by the law of the European Union or the law of the Member State to which the Data Controller is subject; (b) legal and notary offices;

→ purchasers or successors of the Controller in the event of a merger, sale, restructuring, reorganization, dissolution or other sale or transfer of some or all of Pixel Moda’s assets, to which Personal Data are to be transferred.

The list of data recipients is available for consultation at the Controller’s headquarters and a copy can be obtained by writing to privacy@pixelmoda.net

TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

Personal Data processing activities are carried out within the European Union territory. The Controller undertakes to transfer personal data to third countries:

→ ensuring that the country whereto your personal data is sent guarantees an adequate level of protection, as provided under Article 45 GDPR; or

→ adopting the standard contractual clauses approved by the European Commission as to the transfer of personal information outside the EEA (approved under Article 46(2) GDPR).

YOUR RIGHTS AS DATA SUBJECT

With regard to the aforementioned Personal Data processing, you may exercise the following rights at any time under the conditions and within the limits provided under Articles 12 to 23 of the GDPR, by sending an email to privacy@pixelmoda.net.

→ Right of access (Article 15 GDPR);

→ Right to rectification of inaccurate data and to have incomplete personal data completed (Article 16 GDPR);

→ Right to erasure of personal data (Article 17 GDPR);

→ Right to restriction of processing (Article 18 GDPR);

→ Right to object to processing under Article 6(1), point (e) or (f), of the GDPR, including profiling (Article 21 GDPR);

→ Right to lodge a complaint with a supervisory Authority (Article 77 GDPR).

In case the processing is based on your consent or contract and it is carried out by automated means, you have the right to receive your personal data in a structured, commonly used and machine-readable format and, if technically feasible, to transmit such data to another controller without hindrance under Article 20 of the GDPR. 

Furthermore, you have the right not to be subject to decisions based solely on automated data processing, including profiling, which could trigger legal effects concerning you as the data subject, in case you have not previously and explicitly provided consent, as set forth by art. 22 of the GDPR. Moreover, in relation to automated processing, the data subject has the right to obtain human intervention from the Controller, as well as to express an opinion or challenge the decision, as provided for by art. 22, par. 2 GDPR.

You may withdraw your consent given for marketing purposes at any time, without affecting the lawfulness of data processing carried out before your withdrawal and based on your consent.