INFORMATION ABOUT THE PROCESSING OF DATA PURSUANT TO ART. 13 R.E. N. 679/16, AS WELL AS OF THE D. LGS. 196/03 MODIFIED BY D. LGS. N. 101/18
Dear Sir / Madam,
TUTORYOU S.r.l. (hereinafter the “Company“) informs you that, for the purposes of establishing, executing and managing the relationship undertaken, the Company assumes the role of Data Controller of your personal data, pursuant to and for the purposes of European Regulation no. 679/16 (hereinafter also abbreviated “R.E. 679/16”) and D. Lgs. 196/03 as modified by D. Lgs. 101/18, and therefore informs you pursuant to art. 13 of the RE 679/16 that:
a) The Data Controller of your data is TUTORYOU S.r.l. (C.F./P. IVA 10280740969), personified by the Sole Director Dr. Alessia Angela Sarita Cremona, born in Milan on 23 May 1966, with registered office in Milan, Via Agostino Bertani n. 6, PEC: email@example.com;
b) Processing of personal data:
– Personal identification data (i.e. name, surname, date and place of birth, address of residence / domicile / registered office, tax code / VAT number, e-mail address, telephone number, school attended and grade, languages spoken and level of knowledge, school subjects attended and level of knowledge) and information on subjects exercising parental responsibility (name, surname, tax code, residential address, telephone number, e-mail address);
– Access credentials to the TutorYou S.r.l. platform;
The data indicated above is collected by your compilation of the online forms present in the sections of the website.
If the personal data are related to minors under the age of 16, the processing is carried out only if the consent is expressly given or authorised by the parent or whoever is responsible for the minor. In lieu of this, the information provided will be eliminated and it will not be possible for the Company to provide the requested services.
c) The data that you communicate and that reach the Company are necessary to obtain for the purpose of carrying out and executing the relationship undertaken (art. 6 paragraph 1 letter b of RE 679/16). In particular, the processing is carried out for the following specific purposes:
1. Execution of the relationship with you and of the related commitments, including the procedures for issuing credentials for accessing the website in order to provide and manage the various services offered by the Company as well as for processing and managing contacts;
2. Fulfilment of legal obligations, also of a fiscal and accounting nature, connected and attributable to the existing relationship;
3. Selection of Tutors;
4. Creation of groups on instant messaging applications including the Tutor, student and parent or subject exercising parental responsibility;
5. Direct mailing and/or direct marketing activities, also for promotional purposes, on the Company’s behalf and on behalf of third parties;
6. Market research activities in the field of online marketing and communication, also in collaboration with partners, such as, by way of example, research institutes, public and private entities, associations, universities or public or private schools;
7. Response to the requests relating to the services offered by the Company forwarded by interested parties through the website (“Contact” section);
8. Internal statistical analysis;
9. Communication with universities and academic course providers on behalf of the student for administrative purposes related to a potential or pending application;
10. Linkage of the student’s application to an academic program to TutorYou in order to monitor their progress and potentially request payment of a fee in the context of a contractual agreement between the provider of the academic course and TutorYou.
11. Taking audio-visual recordings and photographs at in-person events and during the delivery of courses and publishing and/or disseminating such images in any form whatsoever on its website, in printed media and/or in any other means of dissemination, including the storage of the images in the Company’s computer archives for purely informative and possibly promotional purposes.
The provision of data and the related processing are necessary in relation to the purposes numbers 1, 2, 3, 4, 7, 9 and 10 relating to contractual and legal obligations (legal basis pursuant to art. 6 paragraph 1 letter b) and c) RE 679/2016). It follows that any refusal to provide data for these purposes may determine the impossibility of the Company to carry out the aforementioned relationships and legal obligations and to offer its services.
The legal basis of the data processing for the purposes referred to in the numbers 5, 6 and 11 is the consent freely expressed by you and collected by the Company at the bottom of this information (art. 6 par. 1 letter a) R.E. 679/2016). With regard to the purpose referred to in n. 5, you may at any time express your refusal to the processing operations, pursuant to art. 21 of the RE 679/2016, using the “unsubscribe” function contained in the commercial message received or through a specific request sent via the “Contact” section of the website.
The legal basis supporting the processing of data for the purpose referred to n. 8 is attributable to the legitimate interest of the Data Controller (art. 6 par. 1 letter f) R.E. 679/2016).
d) The data processing can take place by employees who, formally designated and instructed by the Company, as Data Controller, pursuant to art. 29 RE 679/16, are expressly authorised in this sense.
The treatment will also be carried out using paper, IT or telematic tools in compliance with the provisions aimed at guaranteeing security and confidentiality, as well as, among other things, the accuracy, updating and relevance of the data with respect to the purposes stated below.
The stored data will be protected by adequate and appropriate security measures in order to protect the rights and freedoms of the interested party and will be treated in compliance with the principles of confidentiality, integrity and availability of data, even in the event of any communication to third parties.
Any hardware / software / system assistance and maintenance of the devices will be performed by qualified subjects, appointed as external data processors, as far as they are concerned.
e) In relation to the purposes indicated in the previous letter c), the data may be communicated to the following subjects or to the categories of subjects indicated below:
– Banks for the management of receipts and payments;
– Financial administrations and other companies or public bodies in fulfilment of regulatory obligations;
– Accounting and accountant studios for tax obligations;
– Law firms for the protection of rights arising from the contract;
– Insurance institutes for any obligations to cover policies;
– Commercial partners and external structures used by the Data Controller, responsible for carrying out related activities, instrumental or consequent to the commercial relationship;
– Research institutes, public and private bodies, associations;
– Employees and collaborators of the Data Controller, in their capacity as persons in charge and/or in charge of the treatment and/or system administrators;
– Third parties (for example, providers for the management and maintenance of the website, etc.) who carry out outsourced activities on behalf of the Data Controller, in their capacity as external data processors.
The personal data and images collected in relation to the initiatives called “EVENTS” may also be published on the social networks linked to TUTORYOU exclusively for promotional purposes and may also be shared with academic service course providers participating in the events, only in the event that your consent is expressed by filling in the appropriate check-box.
Personal data is stored on servers located within the European Union.
The personal data collected may also be communicated outside the Italian national borders or outside the European Union. In such cases, after informing the interested party, the Company will do its utmost to ensure transfers to countries with respect to which there are guarantees of adequacy regarding the processing of data, or through the use of standard clauses, existing between the legal entities involved, aimed at the protection of personal data being transferred.
f) The data will be kept until the termination and exhaustion of the relationship, without prejudice to the permanence of conservation of those strictly necessary data which must be used, even subsequently, to comply with legal obligations of an administrative, fiscal and legal nature and related duties. Taking into account the foregoing, the processing will in any case have a duration no longer than that necessary for the purposes for which the data were collected. Upon the expiry of these needs and the expiry of the aforementioned duties, the treatment will cease definitively and in full. Conservation may not exceed a period of ten years from the conclusion of the relationship.
g) Pursuant to art. 13 paragraph 2 lett. b) RE 679/16, you have the right to request from the Company: access to the processed data (art. 15 R.E. 679/16); the rectification of the same (art. 16 R.E. 679/16); subsisting the conditions, the cancellation of data (art. 17 RE 679/16); if the requirements are met, the limitation of the relative treatment (art. 18 R.E. 679/16). The right to data portability is also recognised (art. 20 R.E. 679/16) and the right to oppose the processing of the same, with regard to the types of processing necessary for the execution of a task of public interest or connected to the exercise public authorities vested in the data controller, or based on the legitimate interest of the data controller – unless the latter demonstrates the existence of binding legitimate reasons for proceeding with the processing which prevail over the interests, rights and freedoms of the data subject or for the assessment, exercise or defence of a right in court – or, again, for direct marketing purposes (art. 21 R.E. 679/16). Furthermore, as regards the hypotheses of data processing based on consent, you will have the right, at any time, to withdraw the same, already previously expressed, without prejudice to the lawfulness of the treatment based on the consent given before the revocation;
h) For any alleged grievance regarding the data processing carried out by the Company, without prejudice to any other administrative or judicial appeal, you have the right to lodge a complaint with the Guarantor for the protection of personal data, pursuant to art. 77 RE 679/16 (www.garanteprivacy.it).
– Articles 15, 16, 17, 18, 19, 20, 21 European Regulation n. 679/16;
I, the undersigned, acknowledge the information provided above and declare that I have fully understood and assimilated its content.
I confirm and acknowledge the existence, validity and legitimacy of the legal bases indicated in the information as foundations for the processing of my data and consisting in the need to execute the commercial contractual relationship, to fulfil legal obligations and to satisfy the legitimate interest of the Company, as illustrated in letter c), points 1, 2, 3, 4, 7 and 8 of the above disclosure.
I explicitly, knowingly and freely consent to the processing of my personal data. In the event of refusal of consent it will not be possible to provide the relevant service. Consent for processing under C, point 11 is obligatory and refusal will make it impossible to establish cooperation.
European Regulation No. 679/16
Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
(a) | the purposes of the processing;
(b) | the categories of personal data concerned;
(c) | the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) | where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) | the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(f) | the right to lodge a complaint with a supervisory authority;
(g) | where the personal data are not collected from the data subject, any available information as to their source;
(h) | the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning their person. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure (‘right to be forgotten’)
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a) | the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) | the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(c) | the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
(d) | the personal data have been unlawfully processed;
(e) | the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(f) | The personal data have been collected in relation to the offer of the IT company’s services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
(a) | for exercising the right of freedom of expression and information;
(b) | for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(c) | for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
(d) | for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(e) | for the establishment, exercise or defence of legal claims.
Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
(a) | the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(b) | the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) | the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
(d) | the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Notification obligation regarding rectification or erasure of personal data or restriction of processing
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(a) | the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
(b) | The processing is carried out by automated means.
2. In exercising his or her rights to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Right to object and automated individual decision-making
Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.