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PRIVACY INFORMATION NOTICE
We invite you to read our Privacy Policy, which is applicable whenever you browse our website, regardless of whether you decide to use the services and/or purchase the products. We would also invite you to read the website’s General Terms and Conditions of Use, since they also contain information on the privacy and the security systems adopted by the website. The processing of personal data of the website’s users will be carried out in Italy in compliance with applicable European legislation: European Data Protection Regulation no. 2016/679 (GDPR), which regulates the processing of personal data performed by anyone resident or based in Italy. DIP S.p.a., with registered office in Via Commerciale no. 29, 35010 Santa Giustina in Colle, Padua, Italy, tax code / VAT IT01757100282 and registration number in the Padua Register of Companies 380466, (“DIP S.p.a. “), is involved in the provision of e-commerce services and the sale of products via the Website.
1. OUR POLICY
Everyone has the right to the protection of their personal data. DIP S.p.a. respects the right of its users to be informed about the collection and processing of their personal data. We always try to comply with the principle of strict necessity in the processing of data that can identify you, even indirectly. This is why we have configured the Website to ensure the minimal use of your personal data, and therefore excludes processing when the purposes pursued in individual cases can be achieved through the use of anonymous data or by other means that allow the identification of the data subject only in case of necessity or at the request of the authorities or police forces. This Privacy Policy provides useful information to understand how information that identifies users of the Website is collected and used. For more information on our Privacy Policy, you can send requests via e-mail to privacy@bluespirit.com.
2. WHO PROCESSES THE DATA, HOW IT IS PROCESSED AND FOR WHAT PURPOSE
The DIP S.p.a. Group is the Controller of the Personal Data of users of the Website, for the management, conclusion and execution of sales transactions, communication of a commercial nature and profiling activities, via this Website (the “Purpose”). In regard to the communicative and profiling purposes, the legal basis of the processing is the consent of the data subject. For exclusively organisational and functional needs, we have appointed external data processors for the processing of personal data of users of the Website, for purposes strictly related to the provision of services on the Website, including the sale of products. These managers have been chosen because they have demonstrated their ability, experience and reliability, and provide suitable guarantees of full compliance with the current provisions on processing, including data security profiles.
The personal data processors of the users of the Website act in accordance with the instructions given by DIP S.P.A.
To obtain a list of the data processors, please contact Customer Service or send an email to the following email address: privacy@bluespirit.com
In particular, in pursuing the purposes, as part of the process of purchasing products on the Website, we collect Personal Data (personal data such as name, height, weight, age, gender but also profile picture uploaded from gallery or camera APP prior authorization from the user, e-mail addresses, postal addresses, credit card and bank details, telephone numbers and contact list) on the order form for the sale of products on the Website. Your personal data is mainly processed in an electronic format and in some cases in a hard-copy format as well, for example when the processing of your data is necessary to prevent fraud on the Website. Your personal data will be stored in a format that allows your identification for the time strictly necessary for the purpose for which it is collected and subsequently processed and, in any case, within the limits of the law. In order to ensure that your personal data is always accurate, up-to-date, complete and relevant, please report any changes to the following e-mail address: privacy@bluespirit.com Except as otherwise provided for herein, your personal data shall not be disclosed to third parties for purposes not permitted by law or without your express consent. Your data shall also be made available to third parties for ancillary purposes and purposes related to the provision of services requested by the user (for example, for transactions relating to purchases). For details on this aspect, see the content of section 4 (to whom we communicate your personal data). At any time, you can request and obtain an updated list of data processors by writing to the following email address: privacy@bluespirit.com. Your data may be disclosed to police forces or judicial authorities, for example in the context of Website anti-fraud services, in accordance with the law and where required. Your data will also be accessible to the Data Processors, as indicated in this section, and for the specific purposes indicated herein. Your personal data may not be transferred abroad to countries outside the European Union which do not ensure adequate levels of personal protection. If this is necessary for the achievement of the purposes, we assure you that the transfer of your personal data to countries that do not belong to the European Union and that do not ensure adequate levels of protection, will only be performed after the conclusion of specific contracts between DIP S.p.a. and said parties, containing adequate safeguard clauses for the protection of your personal data, in compliance with applicable law and regulations. The purposes for which your personal data is specifically noted, on a case-by-case basis, is in the information text submitted on the page where the provision of personal data is requested. DIP S.p.a. may process the personal data of third parties communicated directly by its users to DIP S.P.A, e.g. when a user intends to tell a friend about a service or product for sale on the Website or if a user purchases a product to be delivered to a friend or when the party paying the purchase price is different from the party to whom the product is sent. In the above cases, please obtain the consent of the person to whom the data refers before communicating it to DIP S.p.a. , and inform them of this Privacy Policy, because you will be the only one responsible for the communication of information and data relating to third parties, without being expressly requested, and for its incorrect use or use that is contrary to the law. In any case, DIP S.P.A, within the limits of the provisions of the law, shall comply with the obligation of disclosure to the user and, where necessary, request his/her express consent upon registration in its archives of the relative personal data.
Location permission might be asked through our Smartwatch APPs on Google Play Console or iTunes App Store. In case the user agrees to share their location with the APP, it is solely used to enable weather function and to enhance the user experience. It is not stored or collected in any servers and there is no other reason to collect it. The user can also opt-out from sharing their location by turning the sharing location settings OFF from the iOS or Android menu in any moment
3. FAILURE TO PROVIDE PERSONAL DATA AND ITS CONSEQUENCES
The provision of your personal data to DIP S.p.a. and, in particular, personal data, your e-mail address, your postal address, your credit/debit card and bank details and telephone number is necessary to achieve the purposes. Some of this data could be indispensable to fulfil obligations pursuant to laws or regulations or the provision of other services rendered on the Website and requested by you. Failure to provide certain data, identified on the Website with the character (*), could make it impossible to execute the purchase contract of products or to correctly fulfil the legal and regulatory obligations. Failure to provide data may therefore constitute, according to the circumstances, a legitimate and justified reason for not executing the contract for the purchase of products on the Website or for the provision of services through the Website. The sending to DIP S.p.a. of additional Personal Data, other than compulsory data, is optional and does not involve any consequence regarding the purchase of products on the Website.
4. TO WHOM WE COMMUNICATE YOUR PERSONAL DATA
The DIP S.p.a. Group will process the data provided by users for the exclusive purpose of providing services to the same, such as, and in particular: communications and commercial information, including from partner companies, through newsletters and/or to respond to any communications received, as well as related activities (including, for example, administrative, managerial, statistical, marketing and commercial purposes), either by manual means or by electronic and/or automated methods.
The data may be processed by third parties that provide functional services to the management of the navigation experience on the site: which companies that provide virtual assistance services, live chat or management of the interaction with the user.
The data will not be disclosed, transferred or otherwise transferred to other third parties without users being previously informed and, with their express consent, when this is required by law.
5. HOW WE COLLECT YOUR DATA ON THE WEBSITE
The DIP S.p.a. Group collects personal data and other information in the context of online registration processes on the Website or via the sending of order forms for the purchase of products on the Website for the conclusion of electronic commerce transactions. This data is processed by DIP S.P.A within the limits and for the purposes explained in the information notice submitted to the user in the specific data collection section.
6. SECURITY MEASURES
We have adopted security measures to minimise the risk of destruction or loss, even accidental, of data, unauthorised access or processing that is not permitted or does not comply with the collection purposes defined in our Privacy Policy. However, since it is not possible to ensure that the measures taken for the security of the Website and the transmission of data and information on the Website limit or exclude any risk of unauthorised access or data loss, we urge you to ensure that your computer is equipped with up-to-date antivirus software for the protection of both inbound and outbound data transmission and that your Internet service provider has adopted firewalls and anti-spam filters suitable for the security of data transmission over the web.
7. RIGHTS OF ACCESS TO DATA AND OTHER RIGHTS
Pursuant to articles 15 – 22 of the GDPR, you have the right, at any time, to obtain confirmation of the existence of personal data that concerns you, even if it has not yet been registered, and its communication in an intelligible format. You also have the right to obtain information about the origin of your personal data, the purpose and method of processing it, the logic applied in case of processing carried out with the aid of electronic tools, the identification details of the holder and data processors, the indication of the parties or categories of parties to whom the personal data may be communicated or who may become aware of it, for example, as data processors. In part, this information is contained in our Privacy Policy; To find out more, you can send an e-mail to privacy@bluespirit.com You have the right, at any time, to obtain the following from DIP S.p.a.: – updating, rectification or, where applicable, additions to your personal data; – the cancellation, transformation into anonymous format or blocking of your personal data, possibly processed in violation of the law, including data that does not need to be kept for the purposes for which the data was collected or subsequently processed; – certification that the above operations have been brought to the attention, also with regard to their content, to those to whom the data has been communicated or disseminated, except in the case in which this fulfilment proves to be impossible or involves a use of means manifestly disproportionate to the protected right. However, you also have the right to object in whole or in part: – for legitimate reasons, to the processing of personal data that concern you, even if pertinent to the purpose of the collection; – to the processing of personal data that concerns you for the purpose of sending advertising materials or direct marketing or for carrying out market research or commercial communication. – You can freely, and at any time, exercise your rights, provided that this is done within the limits of the law, with a request addressed to DIP S.p.a. at the following email address: privacy@bluespirit.com to which we will give appropriate feedback.
8. LINKS TO OTHER WEBSITES
DIP S.p.a. does not control or perform monitoring operations on these websites and their content. DIP S.p.a. cannot be held liable for the contents of these Websites and the rules adopted by them with regard to your privacy and the processing of your personal data during your navigation. Therefore, please pay attention when you connect to these websites through the links on our website and carefully read their terms of use and privacy regulations. Our Website Privacy Policy does not apply to third party websites, nor is DIP S.P.A in any way responsible for the privacy policy applied by these websites. The Website provides links to these websites solely to facilitate the user in searching and browsing and to facilitate hypertext links on the Internet to other websites. The enabling of the links does not imply any recommendation or notification by DIP S.p.a. for accessing and browsing these websites, or any guarantee regarding their content, services or goods supplied by them and sold to Internet users.
9. DATA CONTROLLER AND DATA PROCESSOR
The Data Controller is DIP S.p.a., Via Commerciale, 29 – S. Giustina in Colle (PD) and the companies of the group. The Data Processor is Adriaflor S.r.l., via San Francesco n. 33 – 33052 Cervignano del Friuli, email: dpo@morellatogroup.com Should you wish to receive further information on how DIP S.p.a. processes your personal data, please send an e-mail to the following address: privacy@bluespirit.com To know your rights and always keep up-to-date on legislation regarding the protection of persons with regard to the processing of personal data, we recommend visiting the website of the personal data protection authority at http://www.garanteprivacy.it/
10. COMPLAINT TO THE DATA PROTECTION AUTHORITY
Complaints can be made in relation to the processing to the competent Authority: Data Protection Authority, Piazza di Monte Citorio no. 121 00186 ROME, Fax: (+39) 06.69677.3785, Telephone switchboard: (+39) 06.696771, E-mail: garante@gpdp.it.
11. JURISDICTION
This Privacy Policy is defined on the basis of the GDPR. The GDPR ensures that the processing of personal data is carried out in compliance with fundamental rights and freedoms, as well as the dignity of the data subjects, with particular reference to non-disclosure, personal identity and the right to protection of personal data.
12. AMENDMENTS AND UPDATES TO THE WEBSITE’S PRIVACY POLICY
DIP S.p.a. may amend or simply update, in whole or in part, the Website’s Privacy Policy, also in consideration of changes in the law or provisions that regulate this matter and protect your rights. The amendments and updates to this Website Privacy Policy shall be notified to users on the Website homepage as soon as they are adopted and shall be binding as soon as they are published on the website in this section. We therefo