General Terms and Conditions: modified articles
At Intervieweb S.r.l. we work constantly to improve the technical solutions and security measures of the In-recruiting service.
Consequently, we took the recent decision to replace our hosting provider, Seeweb S.r.l., in order to ensure that our software is benefiting from the most sophisticated cloud computing conditions.
In keeping with Article 11 of the General Terms and Conditions of Service, we would like to inform you that, from October 28, 2017, we will migrate our servers to Amazon Web Services (AWS).
At this time we would like to share with you, here below, the Articles of the General Terms and Conditions of Service with the modified articles which indicate the new provider of the hosting service. Articles 11, 13 and 21 include the references and updated information for Legislative Decree 196/2003 of the European Personal Data Protection Code no. 679/2016 which comes in to force in Italy as of May 25, 2018.
The updated information refers only to the adapted legal indications regarding the protection of personal data and does not affect or relate to any practical change in the supply of the In-recruiting service.
Clients may, of course, make any further queries or requests for information to Intervieweb before the date on which the service delivery changes to the new conditions will be effective.
MODIFIED ARTICLES:
ARTICLE 11 INTEGRITY OF DATA
The Intervieweb servers are hosted by Amazon Web Services Inc., Intervieweb reserves the right to transfer its servers to other locations or other companies other than Amazon Web Services Inc. upon communication to the client by email. Intervieweb, through Amazon Web Services Inc. or any other supplier, adopts the standards required for the protection and security of candidate and client data in terms of guard systems, fire protection measures, power continuity, and protection against computer threats, as specified by Legislative Decree 196/2003 (Personal Data Protection Code, hereinafter “Privacy Code”) and EU Regulation 679/2016.
The security standards may vary without notice, as long as they represent a rise in security standard or, a non-substantial variation.
The security measures adopted by law by Intervieweb do not render Intervieweb automatically liable for the loss or modification of the data in the Intervieweb system or for direct or indirect damages resulting from the loss of the Client’s database of data where this is attributable to the fault of the Client or the candidates.
Clients may request to receive a copy of the candidate data. The definition of the data to be transmitted (tables and fields), modes and frequency of transmission must be defined in a specific commercial offer. The Client is already able, through the features of the service, to independently obtain copies of the most relevant portion of the data in real time.
ARTICLE 13 OWNERSHIP AND PROCESSING OF DATA
Through the Intervieweb services the Client can create a database of candidates. In the event of a dissolution of this contract, the Client may request the delivery of the data collected up to that time by Intervieweb. Intervieweb will provide the Client, at no additional cost, 1 (one) full copy of the database in the standard format. In the case of an export request in a custom format, the data export work will be listed separately and calculated based on the live expenses incurred by Intervieweb for the transfer. Intervieweb will eliminate the candidate data from its systems after receiving confirmation from the Client of the correct receipt of data from the Intervieweb systems. If the Client does not require the delivery of the database within 30 (thirty) days of the end of the contract, Intervieweb will permanently delete the data still in possession. According to Article 28 and Article 29 of Legislative Decree no. 196/2003 the Client is the holder of the data processing of the candidates and Intervieweb is appointed External Manager of such processing by the Client. Each party, therefore, undertakes to comply with the Privacy Code to comply with the applicable legislation on data processing as far as its own competence is concerned.
By providing the service, Intervieweb will provide the Customer with the technical tools required for the registration of candidates, the collection of their consent, the exercise of the right to correct, delete, block and anonymise the data.
ARTICLE 21 DISCLOSURES
According to Article 13 of Legislative Decree 196/2003, Personal Data Protection Code (hereinafter “Privacy Code”) and Article 13 and 14 of EU Regulation 679/2016 (hereinafter referred to as the “Regulations”), Intervieweb S.r.l. wishes to inform the Client that for the establishment and execution of the ongoing reports, Intervieweb S.r.l. is in possession of personal and fiscal data, also acquired verbally, directly or through third parties, relating to the Client.
In order to comply with the obligations set out in the Regulations, the Client is encouraged to take note of the information to express his consent to the processing of the personal data that our company will acquire.
1. OWNER OF DATA PROCESSING
The owner of the data processing is Intervieweb S.r.l., with registered offices in Via Sebastiano Valfrè, no. 16, 10121 Torino (TO) (hereinafter referred to as “Intervieweb” or the “Owner”), the sole administrator is Dr. Matteo Cocciardo. The data will also be processed by other persons who have been appointed or are responsible for the data. The full and up-to-date list of managers is available, upon written request, at the Owner’s Administrative Office.
2. PURPOSE OF DATA PROCESSING
Data is handled in relation to the commercial and contractual requirements and the consequent fulfillment of the legal and contractual obligations arising from these as well as the effective management of the commercial relations themselves. The processing to which the Client’s personal data will be submitted is exclusively aimed at completing all the assets inherent and instrumental to the proper management and execution of the tax and accounting obligations of managing and executing any contracts, administration and payment management.
3. METHODS OF DATA PROCESSING
Processing is carried out by means of operations or a complex of operations indicated in Article 4, section (a) of the Privacy Code and specifically includes: collection, registration, retention, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion and destruction of the data.
The data will be processed on magnetic media, with the help of computer and telematics tools and on paper media, in full compliance with the privacy and security requirements required by law.
The processing is carried out by employees in their respective functions and in accordance with the instructions received, always and only for the achievement of the specific purposes, strictly respecting the principles of confidentiality and security required by the above-mentioned law.
4. DATA PROCESSING AND THE CONSEQUENCES OF A REFUSED RESPONSE
The processing of data for the purposes referred to in paragraph 2 of this Article is mandatory. In case of refusal, therefore, it would not be possible for the Owner to give a correct and complete execution of the supply contract.
5. COMMUNICATION OF DATA
Without prejudice to communications made in compliance with legal requirements, data may only be communicated for the purposes set out in point 2, in Italy or abroad, to the following categories of collaborators or external:
1. Public and private bodies, affiliated companies or subsidiaries;
2. Banking institutes;
3. Independent collaborators of Intervieweb;
4. Professionals and consultants;
5. Anyone who is a legitimate recipient of communication for the aforementioned purposes referred to in point 2.
The data will be processed for the duration of established contractual relationships and for fiscal, accounting, administrative requirements and to document Intervieweb activity and also to meet its needs.
The Client is also informed that, pursuant to Article 5 and 89.1 of the Regulations, personal data may be stored for longer periods of time than specified in the previous paragraph for statistical purposes only, subject to the implementation of appropriate technical and organisational measures required by the law to protect rights and the Client’s freedom.
6. CIRCULATION OF DATA
Personal data are not subject to disclosure.
7. TRANSFER OF DATA OVERSEAS
Personal data is able to be transferred to countries of the European Union and to countries outside of the European Union, solely for the purposes set out in point 2.
8. DURATION OF PROCESSING AND STORAGE OF PERSONAL DATA
The Client’s personal data will be processed by the Owner for as long as necessary for the performance of the agreed service. At the end of the service, the data will only be retained for the time required to comply with any legal and administrative obligations.
The Client is also informed that, pursuant to Article 5 and 89.1 of the Regulations, personal data may be stored for longer periods of time than specified in the previous paragraph for statistical purposes only, subject to the implementation of adequate technical and organisational measures required by law to protect its rights and the Client’s freedom.
9. RIGHTS OF THE INTERESTED PARTIES
The Client is informed that, in relation to the aforesaid processing, they may exercise the rights provided for in Article 7 of the Privacy Code and Article 15 et seq. of the Rules. The Client, in particular, has the right to obtain:
1. Confirmation of the existence, or not, of personal data concerning them, even if not yet registered, and their communication in an intelligible form;
2. A copy of their personal data;
3. Correction of any inaccurate data;
4. The cancellation of personal data;
5. The limitation of the processing of personal data;
6. In a structured, commonly-readable, and automated device-readable form, the personal data provided or created – excluding judgments created by the Owner and / or those entrusted to the Client pursuant to Article 4 of the Privacy Code / the persons authorised to process the data in the name and on behalf of the holder pursuant to Article 4 of the Regulations – and to transmit them, directly or through Intervieweb, to another data controller;
7. Indication:
a) of the origin of personal data;
b) of the categories of the processed personal data;
c) of the purposes and methods of processing;
d) of the logic applied when processing by means of electronic instruments;
e) of the identification details of the Owner and any responsible person;
f) of the period of retention of personal data or the criteria for determining this period;
g) of the subjects or categories of persons to whom the personal data may be communicated or who may become aware of them as a designated representative in the State territory, of persons responsible or of persons entrusted pursuant to Article 4 of the Privacy Code / persons authorised to process the data in the name and on behalf of the Owner pursuant to Article 4 of the Rules;
h) of updating, rectification or, if it is of interest, data integration;
i) of the transformation into anonymous form or the blocking of data processed in breach of law, including that which is not required to be kept in relation to the purposes for which the data was collected or subsequently processed;
j) of the certification that the operations referred to in points (a) and (b) have been made known, including in terms of their content, to those to whom the data have been communicated or disseminated, except where such fulfillment is revealed to be impossible or involves the use of means manifestly disproportionate to the protected right.
8. The Client also has the right to oppose, in whole or in part:
a) for legitimate reasons, to the processing of personal data concerning them, even though relevant to the purpose of the collection;
b) the processing of personal data concerning them for the purpose of sending advertising material or direct selling or for the purpose of market research or commercial communication.
In order to exercise the above-mentioned rights, the Client may at any time contact the Data Controller for the processing of his / her personal data, which is Intervieweb S.r.l., at the registered offices in Turin, via Sebastiano Valfrè, 16, 20121, also by means of a written request “Privacy – Exercise of Privacy Rights” sent by email to privacy [at] intervieweb.it.
If the response is unsatisfactory, the Client may always contact the Authority for the protection of personal data.
10. COMPLAINTS
The Client is ultimately informed that if they consider that their rights have been violated by the Owner and / or by a third party, they have the right to file a complaint with the Personal Data Protection Officer and / or another competent supervisory authority under the Rules.