Privacy Policy

INFORMATION CONCERNING THE PRIVACY POLICY OF THE WEBSITE PURSUANT TO EUROPEAN REGULATION 2016/679 AND LEGISLATIVE DECREE NO. 196/2003, AS AMENDED BY LEGISLATIVE DECREE NO. 101/2018

This section contains information on how Echarme s.r.l. processes the personal data of users/customers, collected through the Website www.echarme.it. (from now on "Website") and/or through other tools (e.g. through social media, cookies, etc.). This policy does not apply to personal data collected by other websites that may be consulted by the user through links contained on the Website.

The objective of this document is to provide the user/customer with information on how his/her data is collected, the purposes for which it is collected, the legal basis that legitimizes its processing, how long it is processed and the nature of its treatment.

If the user/customer is under 14 years of age, or any other age indicated by the legislation of the country of residence, pursuant to Art. 8, c.1 EU Reg./2016/679, and Art. 2 - Quinquies of Legislative Decree 196/2003, as amended by Legislative Decree 101/18, he/she must give his/her consent to the processing of his/her data through the authorization of his/her parents or legal guardian, without prejudice to civil law regulations concerning the limited ability of minors to act with regard to the purchase of products sold through the Website. By registering or purchasing on the Website, the user/customer confirms that he/she has reached his/her majority.

The Data Controller is Echarme s.r.l., with registered office in Sorbara di Bomporto (MO), via G. Brodolini 18/20, VAT number: 03363301205, telephone number: 051.0822709 - email: info@echarme.it

Echarme s.r.l. has appointed a Data Protection Officer (DPO) e-mail: dpo@echarme.it .

 

1 - WHICH PERSONAL DATA ARE COLLECTED AND PROCESSED BY ECHARME S.R.L.

Echarme s.r.l. collects different types of personal data of the user/customer for the purposes described later on in this Policy, among which:

- User/customer data (such as name, birthday, nationality, e-mail address, postal address, telephone number and other personal information) provided by the user/customer by filling in forms on the Website, including the possible subscription to the newsletter and the creation of an account;

- Data of any transaction previously made by the user/customer;

- Personal data that may be contained in communications sent by the user/customer, for example to report a problem or to send specific requests, problems or comments relating to the Website or its contents;

- Other personal data that the user/customer decides to voluntarily share with Echarme s.r.l. customer support members, for example by e-mail or chat;

- Information arising from surveys that Echarme s.r.l. may decide to make over time on the Website, if the user/customer decides to answer or to participate;

- Information on debit/credit cards; Echarme s.r.l. keeps data related to purchases made and payment method used for the transaction. Please note that only the records of the transactions made through the Website are stored. The bank or credit card information will not be recorded since the Website uses secure payment platforms managed by third parties, namely Gestpay and Paypal, whose privacy policies are referred to.  When the User transmits the credit card information, the User is asked to record data to facilitate any subsequent transactions. In case of consent, only the expiry date of the credit card and the identification of the bank transaction will be stored. This information may be used for a payment;

- Information about how your user/customer's device interacted with the Website;

- Personal data collected from third parties, such as data that the customer agrees to share with Echarme s.r.l. on publicly accessible social networks (e.g. Facebook, Instagram, Google, etc.) and/or that may be collected from other publicly accessible databases. The Website also incorporates plugins for social networks (facebook, pinterest, instagram, etc.. etc.) in order to allow easy sharing of content on your favorite social networks. These are buttons for third party social websites; these websites may record information on the activities carried out by the user/client on the Internet, including the activity on the Website. The plugins are programmed in a way that they are unable to install cookies when you access to the web page, to safeguard your privacy. Cookies are set, if provided by the social networks, only when the user/customer makes effective and voluntary use of the plugin. Please note that if the user/customer is logged into the social network, then he or she has already given consent to the use of cookies when subscribing to the social network. Furthermore to this, the identification data of the user/customer may be transmitted from Facebook to Echarme s.r.l. if the user expressly agrees to link the account of Echarme s.r.l. with his/her Facebook account when accessing to the Website via the Facebook connect button.

The collection and use of the information obtained through the plugin and the connect button are regulated by the respective privacy policies of the social networks, to which please refer:

 

Facebook: https://www.facebook.com/help/cookies

Pinterest: https://about.pinterest.com/it/privacy-policy

Instagram: http://www.instagram.com/privacy/privacy-policy

 

- We also collect information with regards to the use and web browsing of the user/customer on the Website. The collected data could be the following: internet protocol (IP) address, type of browser and parameters of the device used to connect to the Website, name of the internet service provider (ISP), date and time of the Website visit, web page of origin (referral) and of exit, possibly the number of clicks, other parameters relating to the operating system and computer environment of the user/customer on the Website, to the webpages that have been visited or searched for, in order to select and place specific ads for users using, for example, cookies. The above information is processed automatically and collected in an exclusively aggregated form in order to verify the correct functioning of the Website and for security reasons. This information, in itself not identifying the user/customer, could however, even through processing and/or association with other data held by the provider or third parties, allow to trace the identity of the user/customer. For security purposes (spam filters, firewalls, virus detection), such automatically recorded data, such as IP address, could be used, in accordance with the laws in force, to block attempts to damage the Website itself or to cause damage to other users/customers, or in any case to counteract harmful activities or crimes. They are never used for the identification or profiling of the user/customer, but only for the protection of the Website and its users/customers.

- Indirectly, personal data may be collected by Echarme s.r.l. through access to commercial partner websites, such as Amazon. When the user/customer purchase a product of Echarme s.r.l. on Amazon, the latter transmits the customer's data in order for it to process the purchase order.

 

2 - FOR WHICH PURPOSES ECHARME S.R.L. COLLECTS AND PROCESSES PERSONAL DATA OF THE USER/CUSTOMER

Echarme s.r.l. collects and processes the data of its users/customers for the following purposes:

Contractual purpose: To display the web page and use the services within the Website https://www.echarme.it. In particular, to proceed to the pre-contractual phase and to the execution of the contract of sale of products for sale on the Website, as well as to undertake activities related to the contract itself. This happens when the user/customer purchases a product or takes part in promotions.

Marketing purposes: for example, sending - by automated ways of contact (e-mail, sms, etc.) - advertising material, promotional and commercial communications of products similar to those already purchased on the Website.

Profiled marketing purposes: analysis of preferences, habits, behaviours, interests of the user/customer inferred, for example, from clicks on products/sections of the Website, in order to send them personalized commercial communications, targeted promotional actions, business intelligence. The processing of the user/customer's personal data for profiling purposes will be carried out, in case of consent, with processing tools that, after crossing, will create a commercial and behavioral profile on the web. These data processing tools relate the information collected while browsing the Website through the use of profiling cookies accepted by the user/customer with the data collected through his subscription to the newsletter or the creation of the account. Such data/information will be associated with any and all further data/information already in possession of Echarme s.r.l. as a result of previous purchases on the Website.

Purposes of compliance/legal obligations: to comply with obligations provided for by regulations and applicable national and supranational regulations.

Purpose of sending newsletters: if requested by the customer with the registration to this service.

Purpose of exercising rights: if necessary, to verify, exercise or defend the rights of Echarme s.r.l. in court.

Purpose of operation of the Website: the computer systems and software procedures required for the operation of the Website acquire, during their normal service, some personal data in the use of Internet communication protocols.

Customer Service purposes: if requested by the user/customer through the chat present on the Website or through e-mail, to provide assistance, product information and/or support with the purchase and/or payment procedure.

Purpose of preventing abuses / fraud: exclusively to prevent and/or detect any fraudulent activity or abuse in the use of the Website and therefore allows Echarme s.r.l. to protect itself in court.

 

3 - LEGAL BASIS FOR THE COLLECTION AND PROCESSING OF PERSONAL DATA

These are the legal bases that Echarme s.r.l uses, to process the user/customer data, according to the purposes indicated in the previous paragraph:

-Providing the Service: the processing of data for this purpose is necessary to provide the services and, therefore, for the execution of the contract. It is not mandatory to provide Echarme s.r.l. with the data for this purpose, but otherwise it will not be possible to offer any Service.

-Marketing: the processing of data for this purpose is based on the legitimate interest of Echarme s.r.l. to send marketing communications via email regarding products and services similar to those that the user/customer has purchased in the past or on the Website. You can stop receiving these communications, without any consequence (besides the fact that you will no longer receive further communications of this kind) by using the unsubscribe button at the bottom of each of the e-mails received or by contacting Echarme s.r.l.

 -Profiled marketing: the processing of data for this purpose is based on the consent. It is not compulsory to provide Echarme s.r.l. with it for this purpose and it can be withdrawn any time without any consequence (except the impossibility to benefit from the personalization of the commercial offers you receive). The consent can be revoked any time by the user/customer by following the instructions reported in the Cookie Policy.

-Compliance/legal obligations: the processing of data for this purpose is necessary for Echarme s.r.l. in order to fulfill any legal obligations. When you provide personal data to Echarme s.r.l., they must be processed according to the applicable law, which could imply their storage and communication to the Authorities for accounting, fiscal or other obligations.

Newsletter: the processing of data for this purpose arises from a specific request by entering the e-mail address (consent) and can be withdrawn at any time through the unsubscribe button in the newsletter section of your account, at the bottom of each e-mail received or by contacting Echarme s.r.l. directly.

Functioning of the Website: the processing of data for this purpose is based on the legitimate interest of Echarme s.r.l. in the correct operation of the Website.

Costumer service: the processing of data for this purpose is based on the legitimate interest of Echarme s.r.l. to provide assistance, product information and/or support in the purchase and/or payment procedure.

Abuses/Fraud: the data treatment for this purpose is based on the legitimate interest of Echarme s.r.l. to prevent and/or detect possible fraudulent activities or abuses in the use of the Website and therefore allow it to protect itself in court.

 

4 - MANDATORY OR OPTIONAL NATURE OF THE CONFERMENT AND DATA PROCESSING

The user/customer is under no obligation to provide with personal data. However, the provision of personal data (in particular personal details, e-mail address, postal address, credit/debit card numbers, bank code and telephone number) are necessary for Echarme s.r.l. in order to be able to process the purchase order of the products on the Website, to provide other services at the user/customer's request, or to fulfill the obligations provided by laws or regulations. The refusal by the user/customer to provide with the necessary data to pursue the abovementioned purposes may make it impossible to process the purchase order placed for products on sale on the Website or to fulfill the obligations provided by legislative or regulatory provisions. The failure to provide personal data may therefore constitute, in some cases, a legitimate and justified reason for not processing the order or not providing the services.

The provision of personal data other than those required for the fulfilment of legal or contractual obligations and for the correct display of services with the necessary traffic data is optional and has no effect on the use of the Website and related services or on the purchase of products. The customer is informed at each stage whether the provision of personal data is necessary or optional by applying a symbol (*) on the information requested or on the data necessary for the purchase of products and/or for the provision of services requested on the Website.

 

5 - RECIPIENTS OF PERSONAL DATA

The personal data collected by Echarme s.r.l. may be shared with the subjects indicated here below (the "Recipients"):

-subjects that typically act as data processors, i.e.: i) persons, companies or professional firms that provide assistance and advice to Echarme s.r.l. in accounting, administrative, legal, tax, financial and credit recovery activities related to the provision of Services;

-subjects with which it is necessary to interact in order to provide the Services (e.g. hosting providers or providers of platforms for sending e-mails);

-subjects delegated to carry out technical maintenance activities (including the maintenance of network equipment and electronic communication networks);

-people authorized by Echarme s.r.l. to process data necessary to carry out activities strictly related to the provision of the Services, who are committed to confidentiality or have an adequate legal obligation of confidentiality (e.g. employees of Echarme s.r.l.);

-subjects, entities or authorities to which it is mandatory to communicate data for compliance, abuse or fraud purposes, or for orders of the authorities;

 

6 - STORAGE OF PERSONAL DATA

The Personal Data processed for the purpose of providing the Services will be stored by Echarme s.r.l. for the time strictly necessary for the abovementioned purpose (e.g. to send the purchased product). In any case, since such data are processed to provide the services to the user/customer, Echarme s.r.l. may keep them for a longer period, in particular for what may be necessary to protect its interests from possible claims related to the services (10 years).

The data processed for Marketing purposes will be kept by Echarme s.r.l. until the user opposes such data treatment through the link at the bottom of each e-mail received.

The data processed for Profiled Marketing purposes will be stored until the moment in which the user/customer withdraws the consent. Once the consent has been revoked, Echarme s.r.l. will no longer use the data for this purpose, but it will still be able to keep them, in particular for what may be necessary to protect its interests, for example following complaints based on such data processing.

The data processed for the purposes of Compliance/ Legal obligations will be stored for the period provided by specific legal obligations or applicable legislation.

The data processed in order to prevent abuse / frauds will be stored for the time strictly necessary for the abovementioned purpose and therefore until the moment in which Echarme s.r.l. will be required to keep them to protect itself in court and/or to communicate it to the competent Authorities.

 

7 - USER/CUSTOMER RIGHTS

The user/customer is the holder of the following rights that refer to his/her personal data:

- Right to withdraw the consent - if applicable, the customer has the right to revoke his consent at any time. For example, if the customer wishes to unsubscribe for the electronic receipt of marketing communications, he/she will able to change his account settings on the Website by using the 'unsubscribe' link provided in the e-mails or by contacting Echarme s.r.l. directly, which will stop sending communications.

- Right of access, rectification and cancellation - the customer has the right to request access to any personal data stored and to obtain a copy of it, to request the correction of any inaccurate data and to request in some cases the cancellation of the personal data. The customer can view and update most of their data independently from their account or by contacting info@echarme.it directly. 

- Data Portability Right - in some cases the customer has the right to receive all personal data provided to Echarme s.r.l. in a structured format, in common use and readable with an automatic device and also to request the transmission of the data to another holder of the treatment, where technically possible.

- Right to the limitation of the treatment - the customer has the right to obtain the limitation of the treatment of personal data by Echarme s.r.l. when:

o  Dispute the accuracy of the personal data until the adoption by Echarme s.r.l. of appropriate measures to correct or verify the accuracy of the data;

o  The data treatment is illegal but the user/customer does not wish the cancellation of the data by Echarme s.r.l.;

o  Echarme s.r.l. no longer needs the personal data of the user/customer for the purposes of the treatment and the customer requests the above mentioned data for the preparation, exercise or defense of legal actions;

o  The user/customer has contested the data treatment on the basis of reasons of legitimate interest (see below) pending the ascertainment of the pre-eminent and legitimate reasons for the continuation of the data processing.

In case personal data are subject to restrictions in this respect, Echarme s.r.l. will process them exclusively with the consent of the user/customer or for the preparation, exercise or defence of legal actions.

- Right to object to the processing on the basis of legitimate interest - in case of processing of personal data of the customer on the basis of legitimate interest of Echarme s.r.l., the user/customer will have the right to object to the processing. In case of customer's objection Echarme s.r.l. is forced to stop the data treatment except if Echarme s.r.l. proves the existence of pre-eminent legitimate reasons for the treatment that prevail over the interests, rights and freedom of the customer or the demonstration of the necessity to prepare and/or exercise legal actions.

- Right to contest the processing for marketing purposes - in case of the customer’s personal data treatment for marketing purposes, the customer will have the right to object to the data processing at any time.

Any request can be sent to Echarme s.r.l., without formalities or, alternatively, using the form provided by the Guarantor for the Protection of Personal Data, or by sending an email to info@echarme.it.

In case of violation of the law, the user/customer has the right to file a complaint with the Guarantor for the Protection of Personal Data, as authority responsible for monitoring the data processing in Italy.

 

8 – TRANSFERING OF DATA TO COUNTRIES OUTSIDE THE EU

This Website may share some of the data collected with services located outside the European Union. In particular with Google and Facebook via social plugins and the Google Analytics service. The transmission of data is authorized and strictly regulated by Article 45 of EU Regulation/2016/679, so no further consent is required. The above mentioned companies guarantee their adhesion to the Privacy Shield.

Data will never be transferred to third countries that do not comply with the conditions set out in Chapter V of the EU Regulation.

 

9 - AMENDMENTS TO THIS DOCUMENT

This document, in force since 22/05/2028 and published at www.echarme.it, constitutes the privacy policy of this Website.

It may be subject to change or update. Users are invited to consult this page periodically in order to be always updated on the latest legislative news.

Previous versions of the document are available upon request.

The document was updated on 08/07/2020 to comply with the relevant regulatory provisions, and in particular in accordance with EU Regulation/2016/679.

 

10 - SAFETY

Echarme s.r.l. attaches great importance to the security of all personal data related to users/customers. It takes security measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, communication or unauthorized access. In order to best protect the personal data of the user/customer beyond the limits of its control, the user/customer's devices must be protected (with up-to-date antivirus systems) and the Internet service provider must take appropriate measures for the security of data transmission over the network (such as firewalls and spam filters).

Although Echarme s.r.l. does its best to protect the user/customer's personal data, it cannot guarantee that the personal data received will be 100% secure or that no data breaches will occur.

The user/customer accepts the implications related to online trading and will not hold Echarme s.r.l., or the respective operators, responsible for any data breaches unless this is due to its negligence.

 

11 - CONTACT DATA, COMMUNICATIONS AND COMPLAINTS

Written communications addressed to Echarme s.r.l. and any complaint will be considered valid only if sent to the following address: Echarme s.r.l., via Brodolini 18/20, Bomporto (MO), or sent by fax to 051/0822709 or sent by e-mail to the following address info@echarme.it. You must indicate the registration form, residence or domicile, telephone number or e-mail address to which you wish Echarme s.r.l. communications to be sent. You will be informed of the receipt and the requests will be followed up within ten working days. In the most complex cases we are committed to providing a first response no later than fifteen days.