Pursuant to Article 13 of Italian Legislative Decree No. 196/2003 and Articles 13-14 of Regulation (EU) 2016/679, the company Trevisan & Cuonzo Intellectual Property Services s.r.l., (infra “T&C IPS”) wishes to inform you how we collect and use your personal data when carrying out the requested services on your behalf or in any other business dealings with you.
1. Data Controller
The appointed Data Controller is: Trevisan & Cuonzo Intellectual Property Services s.r.l, in the person of Dr. Roberta Garzia (email: RGarzia@tc-ipservices.com).
2. Nature of the Personal Data Processed and Collection Methods
Please be aware that the Personal Data that T&C IPS may collect include:
a) Contact details, such as name, surname, job title and/or company position, company address, home address residence – if necessary –, telephone number, mobile number, fax number and e-mail address;
b) Payment data, such as data necessary for processing payments and for fraud prevention, including credit/debit card numbers and other related billing information;
c) Commercial information, where necessary for the implementation and/or development of a project or contractual relationship; and
d) Information collected from public sources, such as, for example, information provided by credit agencies; national, European or international databases of trademarks and patents offices; consultants, lawyers and/or external collaborators holding Personal Data in their capacity as Data Controllers.
T&C IPS will not collect any “sensitive” data (i.e. any information regarding the person’s most intimate sphere and revealing the racial or ethnic origin, political opinions, religious or philosophical beliefs, or membership of trade unions, as well as genetic data, biometric data aimed at uniquely identifying a natural person, data regarding a person’s health or sex life or sexual orientation).
Your Personal Data may be collected on various occasions, such as when you
- request for assistance; or
- offer to provide your services to T&C IPS.
As a general practice, T&C IPS collects and processes the Personal Data voluntarily provided by you by e-mail or paper and/or by hand, etc., and you will thereby be giving your consent to the processing.
As indicated, on certain occasions, your Personal Data may be collected from public sources and/or third parties and stored or used by us.
3. Purpose of Personal Data Processing
Please be aware that T&C IPS may use your Personal Data for the following Purposes only (“Purposes”):
a) carrying out the services on your behalf and therefore providing the l advice or services you requested;
b) managing and handling the business relationship between you and T&C IPS, including payment processing, billing and all other necessary support services;
c) complying with the legal obligations that are binding for T&C IPS, which include, for example, records-keeping obligations, anti-money laundering obligations (in particular those set forth by Legislative Decree No. 231/2007 and subsequent amendments) and obligations for the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (such data collection is, therefore, mandatory pursuant to Article 21 of Legislative Decree No. 231/2007 “Customer’s obligations” and subsequent amendments), as well as obligations related to compliance with antitrust regulations;
d) managing and ensuring your security when accessing our offices, information and communication systems, online platforms, websites and other systems, including for the purpose of preventing and detecting security threats, fraud or other criminal or harmful activities;
e) analysing and improving T&C IPS’ services and communications with you;
f) for insurance purposes;
g) Identifying persons authorised to act on your behalf;
h) complying with obligations imposed by judicial authorities and/or for protecting T&C IPS' rights; and
i) for any purpose related and/or ancillary to any of the above, or for any other purpose for which you provided your Personal Data.
4. Legal basis for processing and consequences of the refusal to have Personal Data processed
In principle, should you choose not to provide T&C IPS with your Personal Data and/or withhold consent, there will be no detrimental consequences. However, in certain circumstances, if you do not provide Personal Data and/or give consent to the processing of such Personal Data, T&C IPS may be unable to operate and perform the legal services on your behalf, since, for example, this Personal Data is necessary to process your instructions or orders. In such case, T&C IPS will contact you immediately to inform you of this.
With particular reference to the data processing for the purposes listed in Article 3 above, please note that the processing of your Personal Data is carried out:
- because processing is necessary for the performance of your instructions or for the execution of an agreement entered into with you;
- to comply with legal obligations;
- because processing is necessary for a legitimate interest of T&C IPS or of any third parties that receive your Personal Data, unless your fundamental interests, rights and freedoms prevail over such interests.
Furthermore, the use of your Personal Data may only be justified for certain additional Purposes when you have provided further express consent.
5. Types of Personal Data processing
Processing is carried out through the following operations or set of operations: collection, recording, organisation, storage, consultation, treatment, alteration, selection, retrieval, comparison, use, interconnection, blocking, disclosure, cancellation and destruction of Personal Data.
The operations may or may not require the use of electronic or automated means and they must involve means strictly necessary to fulfill the above mentioned purposes.
Data processing is carried out by the Data Controller and/or by authorised persons expressly indicated to you in your Letter of Engagement.
6. Processing, Communication and Disclosure of Personal Data
Your Personal Data will be processed by the Data Controller and by the persons authorised to process Personal Data.
For the proper performance of the legal services entrusted to us and for administrative, billing and other commercial purposes, your Personal Data may be disclosed - where necessary and on a confidential basis - to external collaborators and service providers, parties operating in the judicial field, adversaries and their counsels.
In particular, where necessary, we may communicate your Personal Data to:
- Other attorneys, agents, legal experts (including mediators) or advisers;
- Foreign law firms with the purpose of obtaining legal advice on the basis of foreign law;
On a confidential basis, we may disclose your Personal Data to:
- Third parties in order to improve and promote T&C IPS' services, as well as for system maintenance;
- Companies providing services in the field of anti-money laundering, credit recovery and for other crime prevention purposes;
- To administrative/judicial authorities, attorneys or other parties where it may be reasonably necessary for carrying out the legal services entrusted to us;
- Service providers, including those external to T&C IPS, on both a national and international level.
T&C IPS shall disclose your Personal Data in one or more of the following circumstances only: (i) upon your authorization; (ii) when required by law or applicable regulation, or ordered by a judicial/administrative authority; or (iii) to investigate the existence of any actual or suspected fraudulent or criminal activity.
For more information, please contact us at the following email address: email@example.com.
7. Transfer of Personal Data abroad
T&C IPS is a consulting firm active on an international level. Therefore, your Personal Data may be transferred abroad, if required for the performance of the Purposes.
In particular, your Personal Data may be transferred to non-EU countries in respect of which the European Commission has decided, in accordance with Article 45 of Regulation (EU) 2016/679, that the laws in force therein ensure an adequate level of protection of Personal Data.
In the absence of such a decision by the European Commission, your Personal Data may be transferred to non-EU countries only after T&C IPS has implemented adequate safeguards on data protection, in accordance with Article 46 of Regulation (EU) 2016/679, for example by adopting standard contractual clauses established by the European Commission (available at the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en).
T&C IPS ensures and will always ensure an adequate level of protection of your Personal Data. In this regard, we will always ask our suppliers, agents, consultants, etc. to provide equal safeguards for the protection of your Personal Data.
8. Personal Data Storage
T&C IPS shall retain the Client’s Personal Data in accordance with the applicable law and for as long as is strictly necessary for the performance of the legal services entrusted to us. Upon termination of the engagement, T&C IPS shall retain such Personal Data for as long as is strictly necessary for the purposes of compliance with the applicable civil and accounting laws, and subject to the requirements for carrying out the T&C IPS’ professional activity.
9. Security and Transfer of Personal Data
The processing, storage and treatment of your Personal Data are ensured through appropriate technical and organizational measures to keep your Personal Data confidential and secure in accordance with our internal procedures. Personal Data may be stored on our Personal Data management systems, on those of our suppliers or on paper files.
10. Your Rights
You may at any time exercise the rights you are entitled to under the applicable law. Such rights include:
- Receive confirmation that T&C IPS is processing your Personal Data and request to access them;
- Updating, changing and/or amending your Personal Data;
- Request the cancellation, anonymization, blocking of your Personal Data processed in breach of the law;
- Request the restriction of processing;
- Object to the processing for legitimate reasons;
- Receive Personal Data you provided in a structured, commonly used, machine-readable and interoperable format, and request that such Personal Data be transmitted to another data controller without hindrance;
- Withdraw the consent for the processing of your Personal Data given for specific purposes;
- Refer the matter to the Data Protection Authority.
In order to exercise one or more of the rights listed above, you may send a specific request to the T&C IPS:
- by post to: Trevisan & Cuonzo Intellectual Property Services s.r.l., 20146 - Milan, Via Sardegna, 21, Italy; or
- by email at: firstname.lastname@example.org.