The application CableApp (also named "App") has been developed as an aid for the selection of the most appropriate Prysmian cable, meeting the user requirements. The data and results are of an informative nature and have been selected and verified with great care.
The results of the services that are offered by the App are calculated with great care. The App uses the information, the mathematical and technical models as well as the knowledge and technology that is available at that moment. Although the App is developed and maintained with great care and expertise, the App remains an aid. The user therefore uses the App for his own risk. The user has to make use of his own professional knowledge and expertise, in using the App as well as in the final selection and application of the product.
Taking into account the prior statements, Prysmian Group and its subsidiaries (also named "Group") shall not be liable to the maximum extent permitted by the applicable law for any direct or indirect loss, liability, damages or other costs of any nature, whether for breach of contract, in tort (including without limitation negligence), by way of indemnity or otherwise howsoever arising and whether or not resulting from third party claims, that are resulting from or have any relationship with the use of the App.
Consequently, the Group shall not be liable for any damages to legal entities, organizations or persons, that should result from the use of the App. This applies to damages of any nature, including but not limited to: loss of goods, loss of profit and revenue, biological damage, damages resulting from cost of reactivation or replacement, or any other similar direct or indirect costs, even the costs that are supposed to be related to the use of the App.
For all cases, including but not limited to the prior mentioned, the user accepts full responsibility for using the App and the potential civil or criminal legal consequences that may result from the use of the App.
Nothing in this agreement will limit or exclude any liability which cannot be legally limited, included but not limited to the liability of either party for fraud or fraudulent misrepresentation or for death or personal injury arising out of its negligence.
Please note that this Policy shall apply to anyone who navigates and/or uses the App, or otherwise interacts with the contents and services accessible through the App itself (hereinafter the "User").
The processing of personal data of the Users will take place full compliance with the applicable data protection legislation, including the Regulation (EU) 2016/679 (the "GDPR").
1. CATEGORIES OF PERSONAL DATA COLLECTED
Following are the personal data collected and processed through the App:
(A) TRAFFIC DATA
The computer systems and software procedures used to operate the App may acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.
This category of data includes: IP addresses, browser type, operating system, the domain name and website addresses from which you are logged in or out, the time of access, time period of User's staying on a single page, the internal path analysis and other parameters regarding the User's operating system and computer environment.
This technical / IT data is collected and used only in an aggregated and not immediately identifiable manner and can be used to ascertain liabilities in case of hypothetical crimes committed within or against the App or upon competent authorities' request.
(B) REGISTRATION DATA
Data subjects are required to register (or log-in) before accessing and using the App. In this phase, only those data are collected which are necessary to allow the Controller to properly render the services connected to the App (e.g. e-mail, password, nationality and language). Accordingly, where the User prefers that the Company does not collect his/her personal data, he or she is invited not to proceed with the registration and not to use the App.
(C) FURTHER OPTIONAL DATA
In addition to the above, the User may freely decide to provide further optional data (e.g. employing company and its size, year of birth) which will be processed by the Company in order to enhance the services offered to the User.
In any event, the Users will always be free, after reading this Policy in order to understand in detail how and for which purposes their personal data will be processed by the Company, to share these further personal details at any moment after the registration, by filling out the specific form available within the App.
2. PURPOSES AND LEGAL BASIS OF THE PROCESSING
The App has been designed with the main goal of providing a professional and easy tool which helps the User select the best type of cabling solution depending on the type of project or installation (for example by cutting costs or CO2 savings) - and therefore as an interactive window - regarding this kind of service offered by the companies belonging to the Prysmian Group (the "Service").
In any case, according to the principles set forth by the GDPR as well as by the applicable data/information protection legislations, the App is also set to minimize the collection of personal data, as well as to exclude the processing of such data in all cases when the purposes described hereunder can be achieved with different means and/or by anonymous data.
- traffic data are collected for the sole purpose of ensuring the proper functioning of the App. These data are strictly necessary for the provision of the Service and their processing does not require the User's consent;
- registration data are collected to allow the User to access to the App and enable the Company to offer the Service; in their absence the Controller will not be in the position to provide the Service to the User. Accordingly, the processing of registration data does not require the data subject's consent;
- further optional data are collected and processed, only upon User's specific consents, for marketing and profiling purposes. In more detail:
i. employing company and its size, year of birth and other optional data may be processed, where provided and insofar the User's prior and specific consent has been obtained for this purpose:
a. to send promotional and commercial communications to the User. Please note that marketing ads can be delivered via email even in the absence of the data subject's specific consent, as long as relating to products and services which are similar to that/those which have been previously already purchased by the User from the Company;
b. to deliver to the User personalized and targeted promotional communications based on his or her usage of the App.
Therefore, the two processing operations described under point i) above cannot be carried out in absence of the User's specific and distinct consents. In the case the data subject denies one or more of such consents, the Controller will be prevented from conducting the relevant activities (marketing and profiling) towards the User.
In addition, personal data collected through the App may be processed for the following purposes:
- answering and fulfilling the Users' requests;
- to comply with obligations provided for by applicable laws and/or requests or orders made by competent authorities.
Should the data be collected in the future also for purposes other than those described above, it will be duty of the Company, on one hand, to provide adequate information to the User relating to such new purposes in order to enable transparency and user awareness and, on the other hand, ensure that that a valid legal basis (such as the User's consent) exists, where needed, to undertake the relevant processing.
3. METHODS OF THE PROCESSING AND DATA SECURITY
Personal data are collected and processed lawfully and fairly, for the above purposes and in accordance with the fundamental principles established by the applicable legislation. Processing operations may be carried out both manually and electronically, always under technical and organisational measures that ensure the security and confidentiality of the data, especially in view of reducing the risks of accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to the personal data or, more generally, processing that is not compliant with the purposes of the collection.
Processing operations will be entrusted by the Controller only to employees and personnel duly authorized, on a need-to-know basis, to access and process the data in accordance with the instructions provided for by the Company and the applicable data protection laws and regulations.
4. COMMUNICATIONS TO THIRD PARTIES
The personal data collected through the App will not be shared or communicated to third parties.
Should the data be made available by the Company to third-party suppliers or partners (such as external service providers, hosting providers, IT companies) in order to enable them to perform specific services connected to or necessary for the fulfilment of the purposes listed above, it will be responsibility of the Controller to appoint such third parties, where required, as data processors by virtue of their capacity, experience and reliability and to provide them with specific instructions regarding the security of the data. The updated list of appointed data processors can be accessed at any time by sending a written request to the Company, as specified below.
It is understood that the Users' personal data will be communicated to third parties, such as public or judicial authorities, to comply with binding orders and requests, as well as with applicable legal provisions.
5. DATA RETENTION
Personal data collected by the App will be kept in a format that allows User's identification for no longer than necessary to fulfil the purposes for which the data have been originally collected and, in any case, within the time limits set forth by applicable laws and regulations, as well as to enforce or protect the rights of the Controller (consistent with the retention periods and statutes of limitations provided for by the law), where necessary.
In particular, the data collected from the User which are processed for profiled marketing purposes will be retained for no longer than 24 months;
When no longer necessary in accordance with the above, the data will be anonymized.
6. TRANSFER OF DATA ABROAD
The data collected through the App may be transferred outside the territory of P. R. China, still for the sole purposes described above, both to companies belonging to the Prysmian Group and to third parties, acting as data controllers or processors.
In all cases when the data will be transferred to extra-China countries, the relevant transmission will be subject to specific data protection guarantees, as required by the legislations.
7. DATA SUBJECTS’ RIGHTS
The User can at any time exercise his or her rights, including:
a) accessing his/her personal data, obtaining evidence of the purposes pursued by the Controller, the categories of data involved, the recipients to whom they may be disclosed, the applicable storage period, the existence of automated decision-making processes;
b) having incorrect personal data referred to him/her rectified without delay;
c) having his data erased in the cases provided for by the law;
d) obtaining restrictions to processing, where possible;
e) requesting portability of the data provided to the Controller, i.e. receiving them in a structured, commonly used and machine-readable format, also for transmitting such data to another controller, without any hindrance by the Company, in all situations where it is required by the law in force;
f) lodge a complaint to the competent Supervisory Authority.
To exercise these rights, or for any further information and/or clarifications, please write to CABLEAPP_CN@prysmiangroup.com
8. DATA CONTROLLER
The Controller is Prysmian S.p.A., with head office at Via Chiese 6 - 20126 Milan (Italy). Prysmian's Data Protection Officer may be contacted by writing to email@example.com.
9. POLICY UPDATING
Below is highlighted the date when the last version of this policy has been uploaded.
17th May 2021