Privacy Policy, Consent to Data Use, and Cookie Usage
Updated on 24.05.2018 (GDPR)
In this document (web page) you will find all information on how we apply privacy rules, consent to the use of your data, and cookie usage within our websites.
The entry into force of EU Regulation 2016/79 required us to change some conditions regarding personal data processing and security. The way our users' personal data was treated already reflected most of the rules in force since EU Regulation 2016/79; the remaining ones have been aligned.
You will find the necessary information to use services provided by Pesaro System, so as to know what data we collect, why, for how long, and where it is stored.
When you use our services and/or software, you have the right to decide, at any time and in total transparency, whether or not to accept the way your data is treated. If at any time you do not agree with what is written in this document, you have every right to refuse, request the deletion of your data, and cancel and no longer use the services.
Also regarding cookies you have the possibility at any time to accept or refuse usage in part or in full. Remember that the use of cookies is necessary for the operation of the site you are using. By not accepting cookies, the site and related connected services might not work correctly.
We invite you to read carefully the indications that follow and verify what might interest you.
Basic Information
Who we are
Pesaro System is a company based in Italy that creates and sells software products, web applications, and internet services worldwide.
Pesaro System di Marchionni Gabriele
Via Della Rinascita – 61122 Pesaro (PU)
VAT IT02058680410
Extension of privacy and security regulations compliant with the EU
Pesaro System's headquarters are located in Italy, therefore our company is subject to Italian and
European laws, also regarding security conditions and privacy legislation.
We are always attentive to our users' privacy and security, therefore we have adopted measures to
ensure the safest and most transparent service possible, including the extension of the policy to EU
Regulation 2016/79 (known as GDPR).
By using our websites and services, you consent to the collection, storage, processing, and transfer
of your information to our servers in Italy and abroad, with which they are shared in the terms and
ways described in this policy.
Users using free versions, subscribed to services, or holders of Pesaro System software licenses,
must necessarily adhere to our contracts and accept this policy to continue using our applications
and services.
Data Controller
We become data controllers of your personal data when we collect it during the provision of services
purchased by you.
As controllers, we guarantee compliance with rules regarding personal data protection, giving you
all useful information about the processing of data you communicated to us voluntarily, or when the
system collects it during website navigation and while you use our services.
Specifically, the data controller for Pesaro System is the company owner, who guarantees compliance
with rules imposed by the GDPR.
The controller can always be contacted via email at privacy@pesarosystem.it.
Data Processor
We collect your personal information only for administrative purposes, to generate software usage licenses, and to allow the provision of purchased services. As for personal information you collect with desktop software provided by us, or with services provided, for example your mailing list subscribers, or contacts found on the internet, it will be your task to ensure you have appropriate authorization for collecting and processing information relating to various subjects. We have no direct relationship with your subscribers or people other than you and therefore, for this very reason, you are the data controller.
How Pesaro System Collects Data
Data Collected by Our Applications During Your Activities on the Site or While Using Our Services
When you use our services or browse one of our websites, we might collect information about you, such as your IP address.
There are also external services like Google Analytics or similar on our website, used to analyze trends and understand how our sites are used.
When we send an email to someone who subscribes to a service or purchases a software license, or
notice emails for any updates, we can verify if the email has been read or not and collect the IP
address at the time of reading. This is thanks to an image inserted in the email linked to one of
our servers. This allows us to measure the effectiveness of sent emails and improve features offered
for specific users.
This technology allows collecting information on when you open the email, your IP address, possibly
your location corresponding to your IP, and other similar details.
When you actively interact with us, we also collect data you shared with support, while using our support services (online chat, email, phone). These pieces of information are collected as on our PCs or on third-party servers (e.g., online chat).
For your peace of mind, we specify that this data is not accompanied by any additional personal
information and is used to:
- derive anonymous statistical information
- ascertain liability in case of fraud or hypothetical computer crimes
- keep track of your requests for more effective assistance
Data Voluntarily Provided for Service Usage
In many cases, you voluntarily provide us with information that we collect, to provide what you
request, specifically when:
- you sign up and use our services, applications, and software;
- you request support from our customer service team;
- you send us a communication via email;
- you fill out a contact form;
- you integrate services with another site or web service;
- you communicate with us in any way (including by phone).
Such information may include your first and last name, physical address, email address, phone number,
as well as location details, purchase history, and other demographic information.
By providing us with this information, you consent to it being collected, used, and stored by us, as
described in this Privacy Policy.
Consent to Data Processing
We have provided a declaration of consent to data processing, prepared in an understandable and
easily accessible form, without unfair terms. You will always be able to make an authentically free
choice.
In expressing or denying consent, you must take into account:
- the need to comply with legal obligations to which Pesaro System is also subject as data
controller;
- the need for contract execution to provide a service you are interested in;
- possible pre-contractual measures, to execute requests for quotes or use of demo versions.
You will always have the possibility to give your consent through a positive and unequivocal act,
with which you manifest free, specific, and informed intention to accept processing of personal data
concerning you.
Depending on the case, "positive and unequivocal act" means
- a written paper declaration;
- communication through electronic means, such as in online forms to be filled out before purchasing
a Pesaro System service;
- oral communication with recorded procedure.
If communication occurs via a form on our website, you will have to actively select a specific box:
with this choice, you clearly indicate that you have intentionally accepted the proposed
processing.
You can decide to withdraw from data processing at any time, based on GDPR rules.
Data Retention – Processing Times and Methods
At Pesaro System, we do our best to keep your data accurate and updated, limited to the information
you
provided. We will keep your information for as long as your account is active or for the time
necessary to provide our services.
We may also keep and use your information to comply with our legal obligations, resolve disputes,
prevent abuse, and enforce our agreements.
Data we collect to meet contractual obligation execution needs and information on how and when you
use our services are stored in databases on our servers or other types of duly protected and
encrypted data storage systems.
In particular:
- personal data to fulfill contractual conditions will be kept in protected management databases on
our servers, for the entire period provided by the agreement
- personal data collected related to contractual and billing obligations are kept via protected
backup on our servers, for a period of 5 years after termination of the contractual relationship:
contract termination means explicit contract resolution by the user or expiration of the service
itself
- personal data collected to access our services, applications, and software, both purchased and
demo/consultable, with access via username and password of the single account, will be kept on our
servers via database accessible by active account and, subsequently, by means of protected backup on
our servers for the entire time of service usage, or archived and kept for 12 months in case of
cancellation.
Pesaro System is not required to store all your data forever: you will be able to access some of it as long as you have an active contract, whether paid or free, and for a period that varies depending on the type of data in question and the plan subscribed.
Data Present During Use of Our Services
When you use our services, for example the SMTP service, we have access to information contained in
email you send, as well as the subject and content of emails you send.
This data is stored on secure servers and only a limited number of people is authorized to access
it,
specifically to provide support services.
This data is stored only to guarantee functioning and calculate service consumption.
This data is deleted after 12 months.
Remember that you decide to whom to send and the content of messages, so you are considered the data
controller under the GDPR.
How Pesaro System Uses Your Information
Purpose and Scope of Data Processing – Legal Bases as Controller
We process your information to pursue our goals and those of third parties, applying appropriate safeguards to protect your privacy.
The main purpose of collecting personal data is to offer a safe, optimal, efficient, and personalized experience. To achieve this goal, we inform you that we pursue legitimate interests, as provided by art. 6 of the GDPR on lawfulness of processing: "Processing strictly necessary for the purposes of preventing fraud also constitutes a legitimate interest of the data controller concerned. The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest."
We assure you that your data will be used only for the following purposes:
- Promote use of our services. When you request information or register for free services, leaving
us your data, we might contact you via email to ask for feedback or offer discounts on future
renewals.
- To invoice or send payment notices. We might use your data to send you emails with invoices,
receipts, insolvency notices. We use third parties for secure credit card transaction processing and
send billing data to such third parties to process your orders and payments.
- To send system alert messages. You might receive communications regarding Pesaro System services,
applications, or software you use. The purpose is to alert you in case of: temporary or permanent
changes to our services, applications, or software; change of usage conditions; new features;
version
updates; abuse notices or data breach; updates and changes to our Privacy Policy.
- To provide support. We might communicate with you to provide assistance and support regarding
services, applications, and software used.
- For legal matters. You might receive legal communications, such as compliance with court
orders.
- To provide information to representatives and consultants, including lawyers and accountants. To
comply with legal, accounting, or security requirements provided by law, your information might be
used.
- To respond to legitimate requests from public authorities. If a public authority were to make a
legitimate request, motivated by compliance with national security needs or law enforcement, your
data might be used.
- To transfer your information in case of sale, merger, consolidation, liquidation, reorganization,
or acquisition. In such case, any buyer will be subject to our obligations under this Privacy
Policy, including rights of access and choice. We will inform you of the change by sending an email
or posting a notice on our website.
When Pesaro System Shares Your Information – Data Recipients
Personal data collected is intended for commercial, accounting, and technical support services of
Pesaro System, and may also be transmitted to contracting companies invoked by Pesaro System in the
framework of service execution.
Personal data cannot be sold to third parties for marketing purposes without your explicit consent.
Disclosure to third parties of personal data you provided to us may occur only in the following
cases:
- upon your authorization;
- upon request of competent legal authorities, for judicial requisition or in the framework of a judicial dispute.
Purpose and Scope of Data Processing as Processor – B2B User
We have no direct relationship with people other than you, so it is your task to ensure you possess
appropriate authorization for collection and processing of data relating to such subjects.
Consistent with relevant GDPR indications, we might transfer your personal information or that of
your subscribers to companies that support us and help ensure our services.
Accessing, Exporting, Modifying and Removing Information
Right of Access, Rectification, Opposition
We have set up mechanisms and procedures that at any time and for legitimate reasons guarantee you
the possibility to:
- object to data processing;
- request deletion, modification, or update of all your personal information in our possession.
Pesaro System allows you to modify your data whenever you want by contacting us at email privacy@pesarosystem.it.
You can unsubscribe from our newsletter or choose not to receive commercial communications via email
anymore: just use the unsubscription link present in each of them.
Such requests will be processed within a maximum time of 30 days, without undue delay, giving
reasons for our potential intention not to accept them.
Right to be Forgotten
We guarantee your right to be forgotten, which allows you to obtain rectification of your personal
data.
By sending your legitimate request to privacy@pesarosystem.it we will proceed to delete
your data, which will no longer be subjected to any type of processing, nor will be necessary for
purposes for which they were previously collected or processed.
You have the possibility to withdraw consent or object to data processing, if you believe the latter
is not compliant with this regulation.
To avail yourself of this right, you will have to prove that it is indeed you making the request, by
sending us documents proving your identity, also remember to justify your decision.
Once we have received your communication, we will proceed as soon as possible to confirm and
demonstrate the deletion of your data.
Right to Withdraw Consent to Data Processing
If you no longer want to receive our promotional emails, follow the cancellation instructions from
our contact list contained in each email.
Remember: by withdrawing consent to data processing, we will no longer be able to offer you the
chosen service.
Security
Technical Measures
Pesaro System places utmost importance on security and integrity of your personal data.
In compliance with GDPR, we commit daily to taking all necessary precautions to preserve security of
your data and, in particular, to protect them from:
- accidental or illicit destruction;
- accidental or illicit loss;
- accidental or illicit corruption;
- circulation or disclosure to unauthorized persons;
- unauthorized access;
- illicit processing.
To this end we have adopted industry standard technical security measures:
- multilevel firewalls;
- proven effective antivirus and intrusion attempt detection;
- encrypted data transmission through SSL/https/VPN technology.
To protect personal data from unauthorized disclosures, we have used specially developed encoding
methods, in addition to algorithms guaranteeing security of transactions, access, and data
backup.
We ensure accuracy and correct use of data:
- with appropriate electronic, physical, and managerial procedures to safeguard and preserve data
collected through our services;
- with appropriate training of our staff, who have obtained specific indications to access data, in
compliance with GDPR provisions.
Remember however that to date there is no absolute defense against piracy attacks or hackers. In case
a security breach (data breach) occurs, we commit to informing you without undue delays, while
operating
at the best of our abilities to neutralize intrusion and minimize impact. In case you suffer a loss
due to a security breach, we commit to providing you all necessary assistance to assert your
rights.
If by exceptional case the loss suffered was due to a serious failure of Pesaro System, we will
provide compensation within liability limits provided by our General Terms of Use.
If a user, a contact list subscriber, or a hacker discovers and takes advantage of a security
breach, they become liable for criminal prosecution. Pesaro System will take all measures, including
filing a complaint and/or legal action, to preserve data and rights of its users and ourselves, and
to limit potential impacts.
The aforementioned measures are those we adopt for protection of your data, but, being user of our
services, applications, or software, you will have to perform the following actions:
- check authentication of people accessing data;
- use an individual and sufficiently secure password, remembering to modify it regularly without
leaving it unattended;
- ensure to take security measures for data you pass on unprotected communication channels that are
subject to processing by Pesaro System.
The purpose of these technical measures is to make your data incomprehensible or inaccessible to
unauthorized persons.
For any questions, relating to security of our services, applications, and software, we invite you
to
contact our technical support staff, available on our official channels: email, online chat, and
phone.
Data Breach Management
Art. 33 of GDPR requires data controller to notify supervisory authority of personal data breach (data breach), within seventy-two hours from the moment become aware of it.
Three types of breaches can be distinguished:
- confidentiality breach, when unauthorized or accidental disclosure or access to personal data
occurs;
- integrity breach, when unauthorized or accidental alteration of personal data occurs;
- availability breach, when accidental or unauthorized loss, inaccessibility, or destruction of
personal data occurs.
If potential breach also concerned your data, Pesaro System, as data processor, will notify you in
following ways:
- personally and directly;
- by means of public communication or similar and effective measure, if direct and personal
communication involves disproportionate efforts.
Authorized Data Access for Customer Care and Technical Assistance
Collected data will be used if necessary or instrumental for execution of purposes of:
- technical assistance to users, for services provided by Pesaro System involving data
controllers
- phone calls or emails, to conclude commercial negotiations
- direct or indirect commercial consulting
Your data may be processed by Pesaro System employees or third parties, who will be appointed external processors depending on cases. Owner or controller of personal data will be informed from time to time regarding processing methods.
Minimization of Processed Data and Archiving
We have arranged technical and organizational measures to guarantee principle of minimization of
processed data, which will always be adequate, relevant, and limited to what is necessary for
pursuit of declared purposes.
Data processing for statistical purposes, archiving in public interest, scientific or historical
research is subject to guarantees adequate to rights and freedoms of data subject, in compliance
with
GDPR provisions.
Data Transfer
We manage servers worldwide, but mainly in Europe, so your information might be processed on servers
located outside country where you live. Laws regarding personal data protection vary from country to
country, specifically some provide more protection than others.
Regardless of where your data is processed, we apply same protections described in these policies.
Interventions
Complaints
In case we receive formal written complaints, we will respond by contacting people who submitted them. We collaborate with competent regulatory authorities, including local data protection authorities, to resolve any complaints regarding transfer of your personal data, which cannot be resolved directly with you.
Policy Application
These Privacy Policies apply to all services offered by Pesaro System and websites of applications developed and sold by Pesaro System. Each specific service, application, and software collects and processes only data necessary for proper functioning.
Cookie Usage
To ensure best experience of our website and make services efficient, this site uses cookies. Therefore, when visiting it, in special Cookie files residing in User's browser directory, some portions of code are saved that assist controller in providing service.
Below are types of cookies that may be used on Site with description of purpose linked to its usage.
Technical Cookies
Cookies of this type are necessary for correct functioning of some sections of site. They can be persistent or session. In absence of such cookies, site or some sections of it might not work correctly.
Therefore, they are always used, regardless of user preferences. These cookies are always sent from our domain.
Controller is not required to request user consent for technical cookies, since these are strictly necessary for service provision.
Analytical Cookies
Cookies of this type are used to monitor Site usage. Controller has such information for statistical analyses to improve usage, enjoyment, and functioning of Site. User activities on Site and access sources to Site are collected anonymously. These cookies are sent from Site itself or from third-party domains.
Third-Party Tracking Cookies
Cookies of this type are used to collect information on Site usage by visitors, keywords used to reach Site, and traffic origins from which visitors come for marketing campaigns. Controller can use such information to compile reports and improve Site. Cookies collect information anonymously and are sent from Site itself or from third-party domains.
Cookies for Integration of Third-Party Functionalities
Cookies of this type are used to integrate third-party functionalities into Site: for example comment forms or sharing on social networks. These cookies can be sent from partner site domains or that anyway offer functionalities present on site.
Third-Party Websites
Site contains links to other websites having their own privacy policy. These privacy policies may be different from that adopted by Controller, who therefore is not responsible for Third-Party Sites.
Pursuant to art. 122 second paragraph of Legislative Decree 196/2003 consent to use of such cookies is expressed by interested party through individual configuration freely chosen for browser used for Site navigation, notwithstanding user's faculty to communicate at any time to Data Controller their will regarding data managed through cookies that browser itself has accepted.
Cookie Management
User can decide whether to accept cookies or not using browser settings.
Warning: total or partial disabling of technical cookies may compromise use of site functionalities reserved for registered users. On contrary, usability of public content is possible also by completely disabling cookies.
Disabling "third-party" cookies does not affect navigability in any way.
Setting can be defined specifically for different websites and web applications. Furthermore, best browsers allow defining different settings for "proprietary" cookies and for "third-party" ones.
By way of example, in Firefox, through menu Tools->Options ->Privacy, it is possible to access control panel where it is possible to define whether to accept different types of cookies or not and proceed to their removal.
Chrome: https://support.google.com/chrome/answer/95647?hl=it
Firefox: https://support.mozilla.org/it/kb/Gestione%20dei%20cookie
Internet Explorer: http://windows.microsoft.com/it-it/windows7/how-to-manage-cookies-in-internet-explorer-9
Opera: https://www.opera.com/it/privacy/cookies
Safari: http://support.apple.com/kb/HT1677?viewlocale=it_IT
How to disable third-party service cookies
Cookies Currently Accepted and Used
You are free to choose which cookies to use and which not. Your choice will be valid for one year from your last modification. Remember that cookie usage is necessary for site functioning. By not accepting cookies, site and related connected services might not work correctly.
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