Cookie Policy osirc.it

Information to interested parties pursuant to article 13 of EU Regulation 2016/679 for the processing of personal data

Owners and managers of the treatment, purpose and legal basis

With the entry into force on 24 May 2016 of the General Data Protection Regulation EU 2016/679 - which became definitively applicable on 25 May 2018 - the two companies OSIRC SOLUTION and OSIRC SERVICE, with operational headquarters in Lainate (MI), in via Rossini 1 / A, in the person of their respective legal representatives, provide the interested parties, including surfers and users of the site, but also consultants and debtors, who carry out the treatments in compliance with the principles of confidentiality and minimization and only for the pursuit of statutory purposes, or to carry out activities of finding commercial and financial information regarding debtors for the benefit of the customer / client, to whom an information report is sent containing an assessment of the solvency of the interested party, and credit recovery.

The legal bases of the processing are therefore constituted by the law, by the contract stipulated with the clients and by the law, in full compliance with the provision that the interested parties can make use of the data necessary to carry out the defensive investigations referred to in law 7 December 2000 n. 397 and to assert or defend a right in court.

The information search and credit recovery activities are carried out under the prefectural authorization referred to in article no. 134 of the TULPS and the license referred to in article no. 115 of the TULPS

In order to carry out the mandate received from their client, the owners turn to external subjects, defined managers, who carry out the processing on behalf of the owner, or the agents and peripheral contacts located on the Italian territory. The accountant and the data protection officer as well as other professionals such as the statutory auditor and the competent doctor are equally responsible for the treatment. The supervisory body is considered to be an authorized person for processing. The updated list of managers is available on site or from the data protection officer (DPO).

Means of processing, transfer outside the European Union and automated decision-making processes

Personal data are processed in paper, computerized and telematic form and entered in the relevant data banks of the owners.

They are not transferred outside the European Union and are not used for the taking of decisions legally relevant to the data subjects as a result of automated decision-making processes.

Technical and organizational security measures

The owners guarantee the maximum protection of the data of the interested parties, which they pursue by implementing appropriate technical and organizational measures, as required by articles 5, 24 and 32 of the general data protection regulation. The effectiveness of these measures is periodically verified.

Data retention period

The data of the interested parties are kept only for the time strictly necessary to carry out the mandate received from the customers, or as a rule not more than two years. Only fiscal data are stored according to the specific provisions provided for by law.

Rights of interested parties

The interested parties, where this is not incompatible with current regulations or with the implementation of contractual obligations, can exercise the following rights:

  • access to data and their correction or updating, cancellation and portability (articles 15, 16, 17 and 20);

  • withdrawal of consent, if it constitutes the legal basis of the processing (Article 7, § 3);

  • opposition to processing or its limitation (articles 18 and 21).

The request to exercise the rights can be addressed to the Data Protection Officer (DPO), by writing to avvocatoconsoletti@gmail.com or to daniele.consoletti@milano.pecavvocati.it . The telephone number (with an always active secretariat) is 02.9304277.

If they believe that their rights have been violated or that their exercise has not been guaranteed, the interested parties can always submit a complaint to the supervisory authority (Article 77), using the form available on the website of the privacy guarantor.

Data entered on the site and cookies policy

The data entered on the site, equipped with a secure connection, in the various forms or fields to request information, are used for the sole purpose of providing an answer to the interested party and only for the time necessary to fulfill this obligation. Before sending the data through the site (in the service request fields or in the "Contacts" and "Work with us" areas) there is a link to this information page on data processing, which the user has the obligation to view in order to continue.

The customer can also register in his personal area; in this case, all the data necessary for its identification, for carrying out the mandate and for the related tax obligations are required. The user can always unsubscribe, in the event that his data are also deleted, except for those that must be kept for tax reasons.

The sending of information of a promotional nature is subject to the manifestation of a specific will of the interested party, who must first read this page. The consent expressed for this purpose is always revocable.

The site contains cookies, regarding the nature and duration of which, please refer to the appropriate section.

This page was last updated on December 22, 2020.

  1. Premises

Cookies are small text strings that the sites visited by the user send to his terminal (usually the browser), where they are stored before being re-transmitted to the same sites at the next visit by the same user. While browsing a site, the user can also receive cookies on his terminal that are sent from different sites or web servers (so-called "third parties"), on which some elements may reside (such as, for example, images, maps, sounds, specific links to pages of other domains) present on the site that the same is visiting.

Cookies, usually present in users' browsers in very large numbers and sometimes even with characteristics of wide temporal persistence, are used for different purposes: execution of computer authentication, session monitoring, storage of information on specific configurations concerning users who access the server, etc.

In order to arrive at a correct regulation of these devices, it is necessary to distinguish them since there are no technical characteristics that differentiate them from each other precisely on the basis of the purposes pursued by those who use them. Moreover, the same legislator has moved in this direction, which, in implementation of the provisions contained in Directive 2009/136 / EC, has brought back the obligation to acquire the prior and informed consent of users for the installation of cookies used for purposes other than the purely technical ones (see art. 1, paragraph 5, letter a), of Legislative Decree no. lgs. 28 May 2012, n. 69, which amended art. 122 of the Code).

In this regard, and for the purposes of this provision, two macro-categories are therefore identified: "technical" cookies and "profiling" cookies.

  1. Technical cookies.

Technical cookies are those used for the sole purpose of "carrying out the transmission of a communication over an electronic communications network, or as strictly necessary for the provider of an information society service explicitly requested by the subscriber or user to provide this service "(see Article 122, paragraph 1, of the Code).

They are not used for other purposes and are normally installed directly by the owner or manager of the website. They can be divided into navigation or session cookies, which guarantee the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate to access restricted areas); analytics cookies, similar to technical cookies when used directly by the site manager to collect information, in aggregate form, on the number of users and how they visit the site; functionality cookies, which allow the user to browse according to a series of selected criteria (for example, the language, the products selected for purchase) in order to improve the service provided.

For the installation of these cookies, the prior consent of users is not required, while the obligation to provide information pursuant to art. 13 of the Code, which the site manager, if he uses only such devices, will be able to provide in the manner he deems most suitable.

  1. Profiling cookies.

Profiling cookies are designed to create profiles related to the user and are used in order to send advertising messages in line with the preferences expressed by the user while surfing the net. Due to the particular invasiveness that such devices may have in the private sphere of users, European and Italian legislation provides that the user must be adequately informed on the use of the same and thus express their valid consent.

The art. 122 of the Code where it provides that "the storage of information in the terminal equipment of a contractor or user or access to information already stored is permitted only on condition that the contractor or user has given his consent after having was informed with the simplified procedures referred to in article 13, paragraph 3 "(article 122, paragraph 1, of the Code).

  1. Subjects involved: publishers and "third parties".

A further element to consider, for the purposes of the correct definition of the matter in question, is the subjective one. That is, it is necessary to take into account the different subject that installs cookies on the user's terminal, depending on whether it is the same operator of the site that the user is visiting (which can be briefly referred to as "publisher") or a site different that installs cookies through the first (so-called "third parties").

Based on what emerged from the public consultation, it is considered necessary that this distinction between the two subjects indicated above be taken into due account also in order to correctly identify their respective roles and responsibilities, with reference to the release of the information and acquisition of the consent of online users.

There are many reasons why it is not possible for the publisher to be obliged to provide the information and obtain consent to the installation of cookies within its site, even for those installed by "third parties".
First of all, the publisher should always have the tools and the economic-legal capacity to take on the obligations of third parties and should therefore also be able to verify from time to time the correspondence between what is declared by the third parties and the purposes they actually have. prosecuted with the use of cookies. This is made very difficult by the fact that the publisher often does not directly know all the third parties that install cookies through its site and, therefore, not even the logic underlying the related treatments. Furthermore, not infrequently, between the publisher and the third parties there are subjects who perform the role of concessionaires, making it very complex for the publisher to control the activity of all the subjects involved.

Third-party cookies could then be modified over time by third-party suppliers and it would be impractical to ask publishers to keep track of these subsequent changes as well.

It should also be taken into account that publishers, which also include individuals and small businesses, are often the “weaker” part of the relationship. Whereas third parties are usually large companies characterized by considerable economic weight, they normally serve a plurality of publishers and can be, compared to a single publisher, even very numerous.

It is therefore believed that, also for the reasons indicated above, the publisher cannot be obliged to include on the home page of its site also the text of the information relating to the cookies installed through it by third parties. This would also lead to a general lack of clarity in the information issued by the publisher, while at the same time making it extremely difficult for the user to read the document and therefore to understand the information contained therein, thereby also nullifying the intention of simplification provided for by the 'art. 122 of the Code.

Similarly, with regard to the acquisition of consent for profiling cookies, having necessarily - for the above reasons to keep separate the respective positions of publishers and third parties - it is believed that the publishers, with whom users establish a direct relationship through access to the relative site, necessarily take on a double role.

These subjects, in fact, on the one hand are data controllers with regard to the cookies installed directly from their site; on the other hand, since there is no joint ownership with third parties for the cookies they install through them, it is considered correct to consider them as a sort of technical intermediaries between them and the users. And it is, therefore, in this capacity that, as will be seen below, they are called to operate in this resolution, with reference to the release of the information and the acquisition of the consent of online users with regard to third-party cookies.

  1. Impact of the regulation on cookies on the network.

Cookies perform various and important functions within the network. Any decision regarding the methods of information and online consent, concerning in practice anyone who has an Internet site, will therefore have a very strong impact on a huge number of subjects, who also have, as has been said, nature and characteristics that are profoundly different from each other.

The Guarantor, aware of the scope of this decision, therefore considers it necessary that the measures prescribed in the same - pursuant to the provisions of art. 122, paragraph 1, of the Code are, on the one hand, such as to allow users to express truly informed choices on the installation of cookies by expressing an express and specific consent (as required by art.23 of the Code) and, on the other hand, they have the least possible impact in terms of continuity of the navigation of the same users and of their use of the telematic services.

These opposing needs, which emerged clearly also during the public consultation and the meetings held by the Authority, are taken into account in the first place in determining the ways in which the disclosure is to be made in a simplified form.

Furthermore, it is the conviction of the Guarantor that the two issues, information and consent, must necessarily be treated jointly, in order to avoid that the use of online consent methods that require excessively complex operations by users nullifies the simplification achieved in the information.

  1. The disclosure with simplified procedures and the acquisition of online consent.

For the purposes of simplifying the information, the guarantor believes that an effective solution, which is without prejudice to the requirements of art. 13 of the Code (including the description of the individual cookies) and of the European regulation 2016/679, and to set the same on two successive levels of detail.

When the user accesses a website, a first "short" information must be presented to him, contained in an immediate pop-up banner on the home page (or other page through which the user can access the site), integrated by an "extended" information, which is accessed through a link that can be clicked by the user.

In order for the simplification to be effective, it is considered necessary that the request for consent to the use of cookies is included in the banner containing the brief information. Users who wish to have more and more detailed information and to differentiate their choices regarding the different cookies stored through the site visited, can access other pages of the site, containing, in addition to the text of the extended information, the possibility of expressing more choices. specifications.

4.1. The banner containing brief information and request for consent.

More precisely, when accessing the home page (or other page) of a website, a banner of suitable dimensions must immediately appear in the foreground, i.e. of such dimensions as to constitute a perceptible discontinuity in the use of the contents of the web page. you are visiting containing the following information:

  1. a) that the site uses profiling cookies in order to send advertising messages in line with the preferences expressed by the user while surfing the net;

  2. b) that the site also allows the sending of "third party" cookies (where this obviously happens);

  3. c) the link to the extended information, where information on the use of technical and analytics cookies is provided, the possibility is given to choose which specific cookies to authorize;

  4. d) the indication that on the extended information page it is possible to refuse consent to the installation of any cookie;

  5. e) the indication that the continuation of navigation by accessing another area of ​​the site or selecting an element of the same (for example, an image or a link) involves the provision of consent to the use of cookies.

The aforementioned banner, in addition to having to have sufficient dimensions to accommodate the information, albeit brief, must be an integral part of the positive action in which the manifestation of the user's consent is substantiated. In other words, it must determine a discontinuity, albeit minimal, of the browsing experience: overcoming the presence of the banner on the video must be possible only through active user intervention (precisely through the selection of an element contained in the page below. the banner itself).

Naturally, the possibility remains for publishers to resort to methods other than that described for the acquisition of online consent to the use of users' cookies, provided that these methods ensure compliance with the provisions of art. 23, paragraph 3, of the Code.

In accordance with the general principles, it is in any case necessary that the user's consent be kept track by the publisher, who could use a specific technical cookie for this purpose, a system that does not seem particularly invasive. (in this sense, see also recital 25 of Directive 2002/58 / EC).

The presence of this "documentation" of the user's choices then allows the publisher not to re-propose the brief information on the second visit of the same user on the same site, without prejudice of course to the possibility for the user to deny consent and / or modify, at any time and easily, your options relating to the use of cookies by the site, for example by accessing the extended information, which must be linkable from every page of the site.

4.2. The extended information.

The extended information must contain all the elements required by art. 13 of the Code and the European regulation, describe in a specific and analytical manner the characteristics and purposes of the cookies installed by the site and allow the user to select / deselect individual cookies. It must be accessible through a link included in the brief information, as well as through a reference on each page of the site, located at the bottom of the same.

Within this information, the updated link to the information and consent forms of the third parties with which the publisher has entered into agreements for the installation of cookies through its site must also be inserted. If the publisher has indirect contacts with third parties, he must link the sites of the subjects who act as intermediaries between him and the third parties themselves. The possibility is not excluded that these links with third parties are collected within a single website managed by a person other than the publisher, as in the case of dealers.

In order to keep the responsibility of publishers separate from that of third parties in relation to the information provided and the consent acquired for the latter's cookies through their site, it is considered necessary that the publishers themselves acquire, already in the contractual phase, the aforementioned links from third parties (this also means the dealers themselves).

In the same space of the extended information must be recalled the possibility for the user (which also refers to the art.122, paragraph 2, of the Code) to express their options regarding the use of cookies by the site also through the browser settings, indicating at least the procedure to be performed to configure these settings. If, then, the technologies used by the site are compatible with the version of the browser used by the user, the publisher can set up a direct connection with the section of the browser dedicated to the settings themselves.

  1. Notification of processing.

Please note that the use of cookies is one of the treatments subject to the obligation to notify the Guarantor pursuant to art. 37, paragraph 1, lett. d) of the Code, where the same is aimed at "defining the profile or personality of the interested party, or at analyzing consumption habits or choices, or at monitoring the use of electronic communication services with the exclusion of technically indispensable treatments for provide the same services to users ".

The use of cookies is, on the other hand, removed from the notification obligation on the basis of the provisions of the provision of the Guarantor of March 31, 2004, which expressly included, among the treatments exempted from the aforementioned obligation, those "relating to the use of electronic devices or similar devices installed, or temporarily stored, and not persistent, in the terminal equipment of a user, consisting only in the transmission of session identifiers in accordance with the applicable regulations, for the sole purpose of facilitating access to the contents of an Internet site "(resolution no. 1 of March 31, 2004, published in the Official Gazette of April 6, 2004 no. 81).

From the picture outlined above, it therefore emerges that, while profiling cookies, which have characteristics of permanence over time, are subject to the obligation of notification, cookies that have different purposes and fall into the category of technical cookies, to which analytics cookies are also similar (see point 1, letter a), of this provision), they do not need to be notified to the Guarantor.

  1. Adjustment times.

As already highlighted above, the Guarantor is aware of the impact, including economic, that the regulation on cookies will have on the entire sector of the information services society and, therefore, of the fact that the implementation of the measures necessary to implement the this provision will require a considerable effort, also in terms of time.

For this reason, it is therefore considered appropriate to provide for a transitional period of one year starting from the publication of this decision in the Official Gazette to allow the subjects concerned by this provision to be able to make use of the simplified procedures identified therein.

  1. Consequences of non-compliance with the regulations on cookies.

We remind you that in the case of omitted information or unsuitable information, that is, it does not contain the elements indicated, as well as in the provisions pursuant to art. 13 of the Code, in this provision, an administrative sanction is envisaged for the payment of a sum from six thousand to thirty six thousand euros (Article 161 of the Code).

The installation of cookies on users' terminals in the absence of their prior consent entails, on the other hand, the sanction of payment of a sum from ten thousand to one hundred and twenty thousand euros (Article 162, paragraph 2-bis, of the Code).

The omitted or incomplete notification to the Guarantor, finally, pursuant to the provisions of art. 37, paragraph 1, lett. d), of the Code, is sanctioned with the payment of a sum of between twenty thousand and one hundred and twenty thousand euros (Article 163 of the Code).

ALL OF THIS GIVEN THE OSIRC GROUP

informs, pursuant to art. 122, paragraph 1 and 154, paragraph 1, lett. h) of the Code - by means of the appropriate banner that appears in the foreground:

  1. a) that the site uses profiling cookies in order to send advertising messages in line with the preferences expressed by the user while surfing the net;

  2. b) that the site also allows the sending of "third party" cookies;

  3. c) that there is a link to the extended information, which contains the following additional information relating to:

  • use of technical and analytics cookies;

  • possibility to choose which specific cookies to authorize;

  • possibility for the user to express their options regarding the use of cookies by the site also through the browser settings, indicating at least the procedure to be performed to configure these settings;

  1. d) the indication that on the extended information page it is possible to refuse consent to the installation of any cookie;

  2. e) the indication that the continuation of navigation by accessing another area of ​​the site or selecting an element of the same (for example, an image or a link) entails the provision of consent to the use of cookies;

Cookies on this site

This site does not use cookies, with the exception of the technical cookie relating to the acceptance of the cookie policy consent.

Città moderna

OSIRC SOLUTION SPA

Registered office:

Piazzetta U. Giordano, 2

20122 Milan (MM1 S.Babila)

Operational headquarters:

Via Rossini, 1 / A

20045 Lainate (MI)

tel: +39 0291527700
e-mail: info@osirc.it

PEC = osircsolution@pec.it

NO. REA = MI-2586295

CF / VAT No. 111 93500961

OSIRC SERVICE SRL

Registered office:

Piazzetta U. Giordano, 2

20122 Milan (MM1 S.Babila)

Operational headquarters:

Via Rossini, 1 / A

20045 Lainate (MI)

tel: +39 0291527700
e-mail: info@osirc.it

PEC = osircsoervice@pec.it

NO. REA = MI-2585917

CF / P. VAT number 11193350961

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