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Modiano_privacyData Protection Policy

Information notice pursuant to Art. 13 of Regulation (EU) 2016/679
Regulation (EU) 2016/679 states that the data subject must be informed in advance of the use of data that relate to that subject and that the processing of personal data is permitted only with the express consent of the data subject except in cases provided for by law.

Pursuant to Art. 13 of Regulation (EU) 2016/679 (hereinafter GDPR), and in regard to personal data, we draw your attention to the following:

Owner of the processing
The Owner of the processing of data is Dr. MODIANO & ASSOCIATI SpA, Via Meravigli, 16 – 20123 Milano (MI), Italy, Tel. (+39)02-85907777, E-mail: info@modiano.com

Purpose of the data processing
The processing is aimed at the correct and complete execution of the service or of the performance requested, with particular reference to technical/legal activities relating to intellectual property. Your data will also be processed for the purposes of:
– fulfilling tax and accounting obligations;
– complying with obligations imposed and stipulated by current intellectual property law at individual administrations in Italy and abroad;
– managing clients (administration of clients, administration of contracts, orders, deliveries and invoices, reliability and solvency checks);
– managing suppliers (administration of suppliers, administration of contracts, orders, arrivals, invoices and selection based on the needs of the company);
– sending communications (newsletters and/or emails) pertaining to new developments and/or general news relating to intellectual property i.e. patents, models, designs, trademarks, copyrights, software, domain names, know-how etc.), with your prior consent.

The personal data may also be processed using hardcopy and electronic files (including portable devices) and processed using methods that are strictly necessary for achieving the purposes listed above.

Legal basis of the processing
Your personal data are processed lawfully, where the processing:
– is necessary for the execution of the mandate, of a contract to which you are a party or for the execution of pre-contractual measures adopted on request;
– is necessary to fulfill an obligation imposed following the technical/legal management of the intellectual property rights under your ownership and/or title and handled by us;
– is based on express consent: for example sending newsletters.

Consequences of failure to communicate personal data
For personal data relating to the execution of a contract to which you are a party or relating to the fulfillment of a legal obligation (for example obligations to maintain taxation and accounting records), failure to communicate the personal data will prevent the fulfillment of the contractual relationship.
The provision of personal data for sending newsletters is optional, but refusal to provide such data will prevent us from providing the service.

Storage of the data
The personal data processed for purposes indicated above, other than the sending of newsletters and/or communications of an informative nature, will be stored for the period of duration of the contract and, subsequently, for a maximum period of 10 years from the conclusion of the contractual relationship for administrative/accounting/tax purposes.
For newsletters and/or communications of an informative nature, the personal data will be stored for a period of time appropriate to the carrying out of the service requested or in any case until receipt of the associated cancellation (unsubscribe) request.
Specific security measures are in place to prevent the loss of data, illegal or incorrect uses, and unauthorized accesses.

Disclosure of the data
Your personal data may be disclosed to:
1. attorneys and accountants or other legal personnel who provide services relating to the purposes indicated above;
2. Banks and insurance companies that provide services relating to the purposes indicated above;
3. subjects that process the data in the execution of specific legal obligations;
4. judicial and administrative authorities, Patent and Trademark Offices at national and/or conventional level (European Patent Office, World Intellectual Property Organization, European Union Intellectual Property Office), to fulfill legal obligations.

Profiling and dissemination of the data
Your personal data are not subject to dissemination or to any fully-automated decision-making process, including profiling.

Rights of the data subject
You have the right to obtain, from the Owner, the erasure (right to be forgotten), the restriction, the update, the rectification, the portability, and to object to the processing of personal data that relate to you, and in general you may exert all rights provided for by Articles 15, 16, 17, 18, 19, 20, 21, 22 of the GDPR.

Regulation (EU) 2016/679: Articles 15, 16, 17, 18, 19, 20, 21, 22 – Rights of the data subject
1. The data subject has the right
to obtain confirmation of the existence or otherwise of personal data that relate to him or her, even if such data are not yet registered, and to have such data communicated to him or her in an understandable form.
2. The data subject has the right to obtain indication:
– of the origin of the personal data;
– of the purposes and methods of the processing;
– of the logic applied for processing carried out with the aid of electronic tools;
– of the identification details of the Owner, of the persons responsible and of the designated representative pursuant to Art. 5, paragraph 2;
– of the subjects or of the categories of subjects to whom the personal data can be disclosed or who may become aware of it in their capacity as designated representative in the territory of Italy, as persons responsible or assigned.
3. The data subject has the right to obtain:
– the update, the rectification or, when he or she has an interest, the supplementing of the data;
– the erasure, the conversion to anonymous form or the freezing of data processed in breach of the law, including data for which storage is not necessary for the purposes for which the data were collected or subsequently processed;
– confirmation that the operations in letters a) and b), and their content, have been brought to the attention of those persons to whom the data were disclosed or disseminated, except where such fulfillment is found to be impossible or entails a use of means that is manifestly disproportionate to the right protected;
– the portability of the data.
4. The data subject has the right to object, in whole or in part:
– for legitimate reasons to the processing of the personal data that relate to him or her, even though they are pertinent to the purpose of the collection;
– to the processing of personal data that relate to him or her for the purposes of sending advertising material or direct sales or for carrying out market research or marketing communications.

Your rights under the GDPR include the right to:
– ask for access to your personal data and to information relating thereto; the rectification of incorrect data or the supplementing of incomplete data; the erasure of the personal data relating to you (when one of the conditions indicated in Art. 17, paragraph 1 of the GDPR obtains and in consideration of the exceptions provided for in paragraph 3 of that Article); the limitation of the processing of your personal data (when one of the situations indicated in Art. 18, paragraph 1 of the GDPR applies);
– request and obtain – if the legal basis of the processing is a contract or consent, and has been effected with automated means – your personal data in a structured format that can be read by an automatic device, including in order to disclose said data to another owner of the processing (the right to personal data portability);
– object at any time to the processing of your personal data when particular situations relating to you arise;
– revoke consent at any time, limited to situations in which the processing is based on your consent for one or more specific purposes and relates to common personal data (for example date and time of birth or place of residence), or particular categories of data (for example data that reveal your racial origin, your political opinions, your religious convictions, state of health, or sex life). Processing based on consent and carried out prior to the revocation thereof remains lawful, however;
– lodge a complaint to a supervisory authority (the Italian Authority for the protection of personal data – garanteprivacy.it).

For further explanation of this information notice or of any data protection topic, or if you wish to exercise your rights or revoke consent, please send an email to info@modiano.com.

Milano, 25/05/2018
Dr. MODIANO & ASSOCIATI SpA

Consent to the processing
We assume that you consent to sign up for our newsletter service and that you accept our conditions. If you no longer wish to receive communications of an informative nature and/or newsletters from us, please send an email to info@modiano.com.

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