PRIVACY POLICY ON THE PROCESSING OF PERSONAL DATA



Summary


Introduction. 1. Definitions - 2. Legal basis for processing – 3. Data Controller – 4. Data Processor – 5. Type of data processed – 6. Purposes of data processing – 7. Methods of processing and protection of personal data – 8. Sharing and transfer of personal data – 9. Data retention period – 10. Rights of the Data Subject – 11. The procedure for the exercise of rights on behalf of the Data Subject – 12.  Amendments. – 13 Data Protection Officer.



Introduction 


This Privacy Policy is intended for all individuals who visit and/or interact with the www.momodesign.com website through which products with the Momodesign brand are sold.

From the www.momodesign.com website, you can directly access the e-commerce website, the so-called "E-Store", where you can make online purchases of Momo Design Brand products. The E-Store is directly managed by ECPF S.r.l., an Italian company based in Viale Andrea Doria 6, in Milan (MI) IT, VAT no. IT01792600189, REA no. MI-1624594, contact email help@momodesign.com, hereinafter also simply "ECPF" and/or "Company")

The Privacy Policy is provided exclusively for this website with the exclusion of any other website owned by third parties, possibly accessible through hyperlinks – so-called links – on which ECPF S.r.l. has no ownership or control and is in no way responsible for the content, quality, accuracy and services offered.



  1. Definitions

Pursuant to this Privacy Policy on the processing of personal data the following definitions apply:

1.1 Personal data: any information concerning an identified or identifiable natural person indicated in the Privacy Policy with the term "Data Subject"; 

1.2 Processing: any operation or set of operations, performed with or without the aid of automated processes and applied to personal data or sets personal data such as, but not limited to, the collection, registration, organisation, structuring, retention, consultation or erasure of personal data; 

1.3. Data Controller: the natural or legal person who holds the personal data for the purposes indicated in this Privacy Policy and determines the purposes and means of processing personal data; 

1.4. Data Subject: the natural person to whom the personal data being processed refer; 

1.5 Data Processor: the natural or legal person, who processes personal data on behalf of the Data Controller; 

1.6 Consent: any freely given, specific, informed and unambiguous indication of the Data Subject with which he/she, through a statement or a clear affirmative action, agrees to the processing of personal data relating to him/her; 






  1. Legal basis for processing

The legal basis on which we base the processing of the data provided to us is provided by Art. 6 of EU Regulation 2016/679, better known and subsequently referred to as the GDPR, and in particular:

- the Data Subject has given his/her consent to the processing of his/her personal data;

- the processing is necessary for the performance of a sales contract of which the Data Subject intends to be a party or in order to take steps at the request of the Data Subject prior to entering into a contract.

- the processing is necessary to fulfil a legal obligation to which the Data Controller is subject;

- the processing of data is necessary for the pursuit of the legitimate interest of the Data Controller;

For the use of our e-commerce website, visitors and users must explicitly approve this Privacy Policy, agreeing to the processing of personal data according to the methods and purposes described in this document.

Consent to the processing of personal data is not mandatory but optional and can be denied and revoked at any time without compromising the navigability of the website in the manner expressly indicated below but with the consequent impossibility of being able to use the sales services offered by the website itself.

As expressly provided for by Art. 7 of the GDPR the possible revocation of consent following the performance does not affect the lawfulness of the processing based on consent before revocation.



  1. Data Controller


The Data Controller of the data provided at the time of registration and for the eventual conclusion of the purchase contract through the E-Store is ECPF S.r.l., an Italian company based in Viale Andrea Doria 6, in Milan (MI) IT, VAT no. IT01792600189, REA no. MI-1624594, contact email help@momodesign.com  



  1. Data Processor

The Data Processor of the data provided at the time of registration and for the eventual conclusion of the purchase contract through the E-Store is ECPF S.r.l., an Italian company based in Viale Andrea Doria 6, Milan (MI) IT, VAT no. IT01792600189, REA no. MI-1624594, contact e-mail help@momodesign.com,  legal entity against which the rights referred to in paragraph 10 which follows "Rights of the Data Subject" may be exercised, and which may be contacted by writing to the address help@momodesign.com.


  1. Type of data processed

The website offers informative and occasionally interactive content. While browsing the www.momodesign.com website, it is thus possible for information about the visitor to be obtained in the following ways:


5.1 Navigation data


During their normal operation, the computer systems and software procedures used to operate the www.momdesign.com website acquire some personal data whose transmission is implicit in the use of internet communication protocols. This category of data includes: the IP addresses, the type of browser used, the operating system, the domain name and the addresses of websites from which it was accessed, information on the pages visited by users within the website, the time of access, the time spent on each single page, the analysis of the internal pathway and other parameters related to the operating system and the user's computer environment.


5.2 Cookies


The Data Controller makes use of cookies, including those of third parties, released by the website solely and exclusively for the purpose of ensuring the correct operation of the functions of the website itself, including those for directly processing online purchases of products offered by the website and localization of the stores in which to purchase Momo Design products in person, as well as easy navigation and use of the website itself.

The Data Controller does not use cookies for marketing or advertising purposes or for the transmission of personal information.


However, theData Controller cannot guarantee that the following third parties will not use the following cookies for user profiling purposes:

- Google Inc., regarding cookies released from the interactive map on the search page of the MOMODESIGN store;

- Google Inc., regarding cookies released by the embeds of YouTube videos uploaded to the website on the "Collaboration" page, the "Consultation" page or any other page.

Therefore, in relation to these cookies, the Data Controller invites users to consult the Privacy Policies of the aforementioned third parties.


Links to Facebook Social Networks of Facebook Inc., YouTube of Google Inc., Pinterest of Pinterest and Instagram of Facebook Inc., as well as those to the third-party websites with which MOMO DESIGN has entered into collaboration agreements referred to in the "The Brand" section of the website constitute, on the other hand, simple links and not embeds, and are therefore not eligible to release cookies of any kind.


The user can always configure his/her browser to refuse cookies or the possible deployment of a cookie. To do this, each user can find the information necessary to disable cookies on the toolbar of their browser under the heading "help". 


For more information, the user is invited to visit the Cookie Policy page.


5.3 Voluntarily provided personal data.


Personal data provided by the visitor through the website, for example, by registering and/or accessing a reserved area and/or service and/or participating in one of the initiatives launched by ECPF S.r.l., by writing to an ECPF S.r.l. e-mail address to request information.

Voluntarily provided personal data may include, for example: 

- contact information (e.g. name, postal address, email address and mobile phone or another phone number); 

- username and password in case of registration on the website; 

- information on purchases and transactions (data exclusively relating to the value and frequency of purchases as well as the type of products purchased), only with your express consent.


  1. Purposes of data processing

The data provided is processed by ECPF S.r.l. for the following purposes.


- Provide the goods and/or service requested by the user, manage the contracts finalised by the user, carry out the relevant administrative, accounting, tax and legal obligations, as well as fulfill the requests submitted by the user, to enforce the Terms of Use of the Website, which are accepted by the User during any registration on the Website and/or during the completion of the online purchase procedure. The user's data collected by ECPF S.r.l. for the purposes listed above include: name, surname and nickname voluntarily chosen, age, province of residence/domicile, gender, email address, and all personal information of the User voluntarily published.


- Detect the experience of using our platforms, products and services that we offer and ensure the proper functioning of web pages and their content. The processing performed for these purposes is based on the legitimate interest of the Data Controller and in this case, the Data Subject has the right to object, at any time and free of charge, to the processing of personal data concerning his/her particular situation.


Only following the free and optional consent of the Data Subject:


- Marketing: with the consent of the Data Subject some personal data of the Data Subject (i.e. name, email address) may also be processed for marketing purposes (sending advertising material and commercial communications), or so ECPF S.r.l. may contact the Data Subject by mail, email, telephone (fixed and/or mobile, by automated call or call communication systems with and/or without the intervention of an operator) and/or SMS and/or MMS to offer the User products to purchase and/or services offered by the same, present offers, promotions and business opportunities.

In case of lack of consent, the possibility of registering on the Website will not be affected in any way.

In the event of consent, the Data Subject may at any time revoke the same, by making a request to ECPF S.r.l. in the manner indicated in paragraphs 10 and 11 below.


- Newsletter: with the consent of the Data Subject some personal data of the Data Subject (i.e. name, surname, email address) may also be processed for the purpose of sending the newsletter. Therefore the Data Subject will receive from ECPF S.r.l. a periodic newsletter that will contain information in relation to news and promotions within the Website and/or initiatives of ECPF S.r.l. itself.

In case of lack of consent, the possibility of registering on the Website will not be affected in any way.

In the event of consent, the Data Subject may at any time revoke the same, by making a request to ECPF S.r.l. in the manner indicated in paragraphs 10 and 11 below.


- Profiling: with the free and optional consent of the Data Subject, personal data, i.e. personal and contact data, in addition to information relating to the services to which the person has expressed his/her interest, may be processed by ECPF S.r.l. also for profiling purposes, or to reconstruct the tastes and consumption habits of the Data Subject, identifying the profile of the consumer, in order to be able to send to the same commercial offers consistent with the profile identified.

In case of lack of consent, the possibility of registering on the Website will not be affected in any way.

In the event of consent, the Data Subject may at any time revoke the same, by making a request to ECPF S.r.l. in the manner indicated in paragraphs 10 and 11 below.


  1. Methods of processing and protection of personal data

The personal data provided to ECPF S.r.l. is processed with the aid of electronic, IT and residual paper instruments; such processing will be based on the principles of correctness, lawfulness and transparency and the protection of the rights and privacy of the user. In particular, the processing of data can also take place through automated processes, for example through comparison and comparative analysis of purchasing choices (types, quantities), during a given period and/or season and through analysis of the type and number of any product inquiries made over a predetermined time horizon. 

The data will be processed in a way that minimizes the risks of destruction, loss, unauthorized access or unauthorised processing or not compliant with the purpose of the collection.

ECPF S.r.l. has implemented adequate technical and organizational measures to provide an adequate level of security and confidentiality to personal data.

These measures take into account the state-of-the-art technology, the costs of its implementation, the nature of the data, the risk of the processing.

The purpose is to protect the data from accidental or unlawful destruction or alteration, accidental loss, unauthorized disclosure or access, and other forms of illegal processing.

ECPF S.r.l. collects and processes personal data that is adequate, relevant and not excessive, as required to fulfil the aforementioned purposes and ensures that such personal data remains up-to-date and accurate.



  1. Sharing and transfer of personal data

The data collected by ECPF S.r.l. will only be shared for the aforementioned purposes and will not be shared or transferred to third parties other than those indicated in this Privacy Policy.


During our activities and exclusively for the same purposes as those listed in this Privacy Policy, personal data may be transferred to the following categories of recipients:

- employees and collaborators of the Company in charge of processing;

- the service providers whose collaboration the Company uses only if this is strictly necessary to process and perform the requested service or provision;

 - service providers, third parties who are in charge of the maintenance/development of our IT system for the time strictly necessary for the execution of this service (e.g. IT system suppliers, cloud service providers, database providers and consultants);

- public administrations for legal purposes;

- any public and/or private subject to whom the communication of your personal data is necessary in relation to the purposes indicated above.

- the exclusive licensees of the MOMODESIGN brand as well as producers of the products for sale on the e-store website

- Shopify;

- Activecampaign;

- Manychat


The updated list of data processors is available at the registered office of the Data Controller and shall be provided upon written request. 

There is no transfer of personal data processed by ECPF S.r.l. abroad.



  1. Data retention period

ECPF S.r.l. will retain personal data only for the period strictly necessary to ensure the correct provision of the purchased services, except for the need for storage for a longer period in compliance with the applicable regulations, including accounting.

The retention period is the time of their actual use, plus the period of time necessary for any legal requests to be prescribed.

Once the retention period expires as indicated above, the user's personal data will be removed from the active systems of ECPF S.r.l.



  1. Rights of the Data Subject

Pursuant to Article 7 of Legislative Decree no. 196/2003 (Personal data protection code) and Articles 15 and following of the GDPR, in relation to the processing of personal data by Momo Design S.r.l. the Data Subject has the following rights:


10.1 Right of access to data. The right of the Data Subject to obtain information from ECPF S.r.l. about the existence or otherwise of personal data concerning him/her, including information on which categories of personal data ECPF S.r.l. is dealing with, the purpose of the processing, the place where and how the data was collected (if not directly provided by the Data Subject), recipients to whom the data has been or will be disclosed, data retention time or criteria used to determine this period (Article 15 EU Regulation 679 in 2016).


10.2 Right to rectification. Right of the Data Subject to obtain from ECPF S.r.l. the correction of inaccurate personal data and/or the integration of incomplete data concerning him/her, also by means of any additional declaration. ECPF S.r.l. makes reasonable efforts to ensure that the personal data in its possession is accurate, complete, up-to-date and relevant, based on the most recent information available (Article 16 EU Regulation 679 of 2016).


10.3 Right to erasure. Right of the Data Subject to obtain from ECPF S.r.l. the deletion of his personal data if: the personal data is no longer needed in relation to the purposes for which they were collected or otherwise processed, the Data Subject has the right to oppose further processing of his/her personal data and intends to make use of this right, personal data have been processed unlawfully, personal data must be deleted to fulfil an obligation of the European Union or the Member State to which the Data Controller is subject.

The right to erasure does not apply in cases where processing is necessary by virtue of legal obligations or for the assessment, exercise or defence of a right in court (Article 17 EU Regulation 679 of 2016).


10.4 Right to limitation of processing. Right of the Data Subject to obtain from ECPF S.r.l. a limitation of the processing of personal data in the presence of one of the following conditions:

- dispute regarding the accuracy of the data processed, for the period necessary for the Data Controller to verify the accuracy of the data;

- unlawful processing of data with opposition by the Data Subject to cancellation and request for limitation instead of cancellation;

- non-existence of the need for data for the purpose of processing with the same need of the same for the assessment, exercise or defence of a right in court;

- there is opposition to the processing of personal data carried out in the legitimate interest of the Data Controller, for the time it takes to verify the prevalence of the reasons of the legitimate interest of the Data Controller in relation to those of the Data Subject. (Article 18 EU Regulation 679 of 2016).


10.5 The right to data portability. Right of the Data Subject to obtain from ECPF S.r.l. the transfer of his/her personal data to another Data Controller, if technically possible, provided that the processing is based on your consent or is necessary for the execution of a contract (Article 20 EU Regulation 679 of 2016).


10.6 Right to object. Right of the Data Subject to object to the processing of his/her personal data by ECPF S.r.l. if the processing is not based on the consent given by the Data Subject but on the legitimate interests of ECPF S.r.l., except for the demonstration by the Data Controller of the existence of legitimate binding reasons to proceed with the processing that prevail over the interests, fundamental rights and freedoms of the Data Subject or the assessment, exercise or defense of a right in court. Right of the Data Subject to object to the processing of their personal data by ECPF S.r.l. if the processing is carried out for direct marketing purposes. (Article 21 EU Regulation 679 of 2016).


10.7 Right to lodge a complaint. Right of the Data Subject to lodge a complaint to a supervisory authority of the state in which he/she habitually resides or the place where the alleged violation occurred, if he/she believes that the processing of his/her personal data violates the current legislation regarding the processing of personal data (Articles 12 and 77 EU Regulation 679 of 2016).

The Italian supervisory authority is the Italian Personal Data Protection Authority with offices in Piazza di Monte Citorio no. 121, 00186 - Rome (http://www.garanteprivacy.it/).



  1. The procedure for the exercise of rights on behalf of the Data Subject.

The rights provided by the legislation regarding the processing of personal data and recalled in this Privacy Policy may be exercised at any time by the Data Subject with a request to ECPF S.r.l. in one of the following ways:

- communication by e-mail to help@momdesign.com;

- sending a registered letter with acknowledgement of receipt to the registered office of Momo Design S.r.l., Via Giuseppe Meda 45, 20141 Milan (MI) 



  1. Amendments

ECPF S.r.l. reserves the right to amend or simply update the content of this Privacy Policy, partially or completely, including in the event of changes to the relevant legislation. Momo Design S.r.l. will inform you of such changes as soon as they are introduced and they will be binding as soon as they are published on the Website. ECPF S.r.l. invites you to visit this section regularly so that You are aware of the most recent and updated version of the Privacy Policy in order to remain up-to-date on the data collected and the Company's use of it.



  1. Data Protection Officer

ECPF S.r.l. does not require the figure of the Data Protection Officer pursuant to Article 37 of the EU Regulation 679/2016.