Cressi App - Privacy Policy

INFORMATION PURSUANT TO ART. 13 OF REGULATION (EU) NO. 2016/679

 

CRESSI SUB S.p.A. (tax code and VAT no.: 00260910104, in the person of the legal representative pro tempore, with registered office in Genoa, at via Gelasio Adamoli 501, hereby informs you that in accordance with Art. 13 of the GDPR, your personal data described at Art. 1 below will be processed for the purposes of processing described at Art. 3 below.

 

  1. Category of personal data processed.

1.1. In order to pursue the specific purposes of processing described at Art. 3 below, CRESSI collects and processes your personal data pursuant to Art. 4, point 1 of the GDPR, which may include “identifying” personal data (e.g. your name, surname, place of birth/residence, e-mail address and user ID).

 

  1. CRESSI contact data.

2.1. CRESSI may be contacted to follows: 010830791; the Data Protection Officer (DPO) pursuant to Art. 37 of the GDPR appointed by CRESSI may be contacted to follows: 010830791.

 

  1. Purpose of processing and legal basis.

3.1. Your personal data is processed by CRESSI, in order to pursue the following purposes of processing:

  1. Registration (and subsequent login) to this mobile software application (“App”), including the consequent use of any function made available through the App (e.g., downloading, parsing and display of details such as depth and temperature, of an underwater dive; management of the dive log) and the fulfillment, where appropriate and necessary, of the related regulatory obligations (“App use”).

In compliance with Art. 13, paragraph 2), letter e) of the GDPR, CRESSI hereby informs you that failure to provide (even only part of) the personal data required (and clearly and unambiguously indicated as essential and mandatory on the registration form) will make it impossible to correctly make full use of the App and the functions available through it.

To this end, CRESSI informs you that the legal basis for the purposes of processing described at Art. 3.1, letter a) refers to Art. 6, paragraph 1), letters b) and c) of the GDPR.

3.2. Your personal data is processed, by CRESSI, in order to pursue the following purpose of processing:

  1. Sending of commercial/promotional/marketing communications about a similar product and/or service or in any way one that is connected to the App and/or device (watch/computer) (inter)connected to it, by e-mail or mail (“soft spam”).

In compliance with Art. 13, paragraph 2), letter b) of the GDPR, CRESSI hereby informs you of your right to object pursuant to Art. 21, paragraph 2) of the GDPR, at any time, as envisaged by Art. 130, paragraph 4) of the renewed Italian Legislative Decree no. 196/2003 (the “Privacy Code”) (i.e. at the time the personal data is collected or when each communication is sent), to the processing described at Art. 3.2, letter b), by means of the use of the contact data given under Art. 2.

In this regard, CRESSI hereby informs you that the legal basis for the purpose of processing pursuant to Art. 3.2, letter b) refers to Art. 6, paragraph 1), letter f) of the GDPR and Art. 130, paragraph 4) of the Privacy Code (specified, insofar as regards the use of mail, by the Provision of 6.19.2008 signed by the Italian Data Protection Authority).

3.3. Your personal data is processed by ***, in order to pursue the following purposes of processing: 

  1. Profiling pursuant to Art. 4, point 4) of the GDPR not based purely on an automated processing, aimed at determining and establishing categories/classifications (clusters) on the basis of the personal information supplied by you directly or indirectly through use of the App and any service and/or function made available there, in order to know the preferences and characteristics of App customers, of any service and/or function made available there and/or the (inter)connected device, so as to customize and/or improve the offers and offer products and/or services able to best satisfy the needs and wishes of the latter (“soft profiling”).

In compliance with Art. 13, paragraph 2), letter b) of the GDPR, CRESSI hereby informs you of your right to object pursuant to Art. 21, paragraph 1) of the GDPR, at any time, to the processing described under Art. 3.3, letter c), by means of the use of the contact data given under Art. 2.

To this end, CRESSI informs you that the legal basis for the purpose of processing pursuant to Art. 3.3, letter c) refers to Art. 6, paragraph 1), letter f) of the GDPR.

3.4. Your personal data is processed by CRESSI for the following purpose of processing, after obtaining your specific, free, informed and unambiguous consent:

  1. Sending of commercial/promotional/marketing communications (including market research) as hard copies, using automated and/or electronic means (e.g. ordinary mail, e-mail, telephone (e.g. automated calls, SMS, MMS, fax) or any other information/telematic channel (e.g. website, mobile app, social page)) (“marketing”).

In compliance with Art. 13, paragraph 2), letter c) of the GDPR, CRESSI hereby informs you of the right to revoke, at any time, consent that may have been given for the processing of your personal data in order to pursue the purpose of processing explained at Art. 3.4, letter d), by using the contact details given at Art. 2, without such an event affecting the lawfulness of processing carried out on the basis of consent given before such revocation.

To this end, CRESSI and the B810 GROUP inform you that the legal basis for the purpose of processing pursuant to Art. 3.4, letter d) refers to Art. 6, paragraph 1), letter a) of the GDPR and Art. 130, paragraphs 1) and 2) of the Privacy Code.

3.5. Your personal data is processed by CRESSI for the following purpose of processing, after obtaining your specific, free, informed and unambiguous consent:

  1. Acquisition by third parties belonging to the entrepreneurial category of CRESSI (including as parties marketing the goods and/or services provided or in any case owned by CRESSI) in order to allow for the sending of commercial/promotional/marketing communications (including market research), as hard copies, using automated and/or electronic means (e.g. ordinary mail, e-mail, telephone (e.g. automated calls, SMS, MMS, fax) or any other information/telematic channel (e.g. website, mobile app, social page)) (“third party marketing”).

In compliance with Art. 13, paragraph 2), letter c) of the GDPR, CRESSI hereby informs you of the right to revoke, at any time, consent that may have been given for the processing of your personal data in order to pursue the purpose of processing explained at Art. 3.5, letter e), by using the contact details given at Art. 2, without such an event affecting the lawfulness of processing carried out on the basis of consent given before such revocation.

To this end, CRESSI informs you that the legal basis for the purpose of processing pursuant to Art. 3.5, letter e) refers to Art. 6, paragraph 1), letter a) of the GDPR.

 

  1. Recipients.

4.1. In compliance with Art. 13, paragraph 1), letter e) of the GDPR, CRESSI informs you that your personal data may be disclosed, where appropriate and/or necessary, to one or more recipient pursuant to Art. 4, point 9) of the GDPR, identified as follows, generally, by category: i) in order to pursue the purpose of processing pursuant to Art. 3.1, letter a): processors authorized by CRESSI; IT companies; various types of consultants in any case providing services and/or making provisions (including professionally) connected, directly or indirectly, to the pursuit of the purpose of processing in question; public authorities, where necessary; ii) for the pursuit of the purpose of processing pursuant to Articles 3.2, letter b), 3.3, letter c) and 3.4, letter d): processors authorized by CRESSI; IT companies; marketing/advertising/analysis companies; various types of consultants in any case providing services and/or making provisions (including professionally) connected, directly or indirectly, to the pursuit of the purpose of processing in question; iii) for the pursuit of the purpose of processing pursuant to Art. 3.5, letter e): processors authorized by CRESSI; IT companies; third parties described at Art. 3.5, letter e).

4.2. Finally, CRESSI informs you that your personal data will not be disseminated in any way.

 

  1. Storage period.

5.1. In compliance with Art. 13, paragraph 2), letter a) of the GDPR, CRESSI informs you of the following storage periods (or related general criteria for determination thereof) of your personal data, after which such personal information will be erased, destroyed or made anonymous: i) for the pursuit of the purposes of processing pursuant to Art. 3.1, letter a): until you clearly inform us that you no longer wish to use the App, potentially to be extended in order to comply with a legal requirement (even as may arise thereafter) or to exercise or protect a right, including in a court of law; ii)for the pursuit of the purpose of processing pursuant to Art. 3.2, letter b): until such time as you object to such processing; iii) for the pursuit of the purpose of processing pursuant to Art. 3.3, letter c): until such time as you object to such processing; iv) for the pursuit of the purpose of processing pursuant to Art. 3.4, letter d): until such time as you notify us of your revocation of the consent given to the Data Controller; v) for the pursuit of the purpose of processing pursuant to Art. 3.5, letter e): until such time as you notify us of your revocation of the consent given to the Data Controller: in this respect, CRESSI informs you that if you should Revoke consent to the pursuit of the purpose of processing in question, it undertakes, in compliance with Art. 17, paragraph 2) of the GDPR, to inform any (autonomous) Data Controllers of said request, so as to ensure cessation of the related processing and enable the erasure of any links, copies or reproductions of your personal data.

 

  1. Transfer.

6.1. In compliance with Art. 13, paragraph 1), letter f) of the GDPR, CRESSI informs you that your personal data may be stored using telematic archives (e.g. public cloud computing services), potentially able to transfer such information to one or more non-European Economic Area (EEA) countries (e.g. the USA): in this regard, CRESSI clarifies to you that at present, the appropriate guarantee for any such transfer refers to Art. 46, paragraph 2), letter c) of the GDPR.

 

  1. Rights of the data subject.

7.1. In respect of your personal data, CRESSI notifies you that you have the faculty to exercise the following rights, which are only subject to the limits set forth in Articles 2 undecies and 2 duodecies of the Privacy Code: right of access pursuant to Art. 15 of the GDPR: right to obtain confirmation as to whether or not personal data concerning you is being processed, as well as the information pursuant to Art. 15 of the GDPR (e.g. purposes of processing, storage period); right to rectification pursuant to Art. 16 of the GDPR: the right to have personal data corrected, updated or supplemented; right to erasure pursuant to Art. 17 of the GDPR: right to obtain the erasure or destruction or anonymisation of the personal data, where, however, the criteria listed in said Article are met; right to restriction of processing pursuant to Art. 18 of the GDPR: this right is precautionary in nature, aiming to ensure the restriction of processing where the events arise as governed by said Art. 18; right to data portability pursuant to Art. 20 of the GDPR: right to receive the personal data supplied to co-Data Controllers, in a structured, commonly used and machine-readable format (and, where requested, to have it sent directly to another (autonomous) Data Controller), where the specific conditions set forth in the same Article are met (e.g. legal basis for consent and/or execution of a contract; personal data supplied by the data subject); right to object pursuant to Art. 21 of the GDPR: right to obtain the permanent cessation of a specific form of personal data processing; right to lodge a complaint with a supervisory authority (i.e. the Italian Data Protection Authority) pursuant to Art. 77 of the GDPR: right to lodge a complaint if it is believed that the processing in question infringes national and European Community legislation governing personal data protection. 

7.2. In compliance with Art. 12, paragraph 1) of the GDPR, the Data Controller undertakes to provide you with the communications pursuant to Articles 15 to 22 and 34 of the GDPR in a concise, transparent, intelligible, easily-accessed form and using clear, simple language: this information will be provided in writing or using other means, potentially also electronic or, at your request, will be provided verbally as long as your identity is proven using other means.

7.3. In compliance with Art. 12, paragraph 3) of the GDPR, the Data Controller informs you that it undertakes to provide you with the information about action taken in respect of a request made in accordance with Articles 15 to 22 of the GDPR without any unjustified delay and, in any case, within a month of receipt of such a request; this deadline may be extended by 2 months if necessary, considering the complexity and number of requests (in this case, the co-Data Controllers undertake to inform you of any such extension and the reasons for the delay within a month of receipt of the request).

7.4. You can exercise the rights described above at any time (except for the right pursuant to Art. 77 of the GDPR) by using the contact details given at Art. 2.

 

Genoa, 9/8/2021

 

Cressi Sub S.p.A.

(in the person of the legal representative pro tempore)