PRIVACY POLICY

A – NOTICE PURSUANT TO ARTICLE 13 OF EU REGULATION NO. 2016/679 – CONTACT REQUEST

GARAGE RAW S.r.l., (VAT No.: 03734090362) (hereinafter referred to as “GARAGE RAW”), represented by its legal representative pro tempore, with its registered office in Bologna, via Galliera, 8, in its capacity as Data Controller pursuant to Articles 4(7) and 24 of EU Regulation No. 2016/679 (GDPR), hereby informs you, pursuant to Article 13 of the GDPR, that your personal data described in Article 1 below will be processed for the purpose described in Article 2 below.

 

A1. Categories of Personal Data Processed.

A1.1. GARAGE RAW collects and processes, in order to pursue the processing purpose described in Article 2, your personal data as per Article 4(1) of the GDPR, specifically identifying data (e.g., name; surname; phone number; email address) (hereinafter “personal data”), collected through the form available on GARAGE RAW’s website.

 

A2. Purpose of Processing and Legal Basis.

A2.1. Your personal data is processed by GARAGE RAW for the following purpose:

  1. Execution of the contact/more information request.

In compliance with Article 13(2)(e) of the GDPR, GARAGE RAW specifies that the failure to provide the mandatory personal data requested in the form may result in the inability of GARAGE RAW to properly and fully fulfill the processing purpose described in Article 2.1(a). In this regard, GARAGE RAW specifies that the legal basis for the processing purpose described in Article 2.1(a) is found in the following regulatory provision: Article 6(1)(b) of the GDPR.

 

A3. Retention Period.

A3.1. Pursuant to Article 13(2)(a) of the GDPR, GARAGE RAW communicates the following retention period/criterion, after which your personal data will be deleted, destroyed, or anonymized: (i) for the execution of the processing purpose described in Article 2.1(a): 5 years, starting from the complete and proper execution of the contact/more information request, a term that may be extended to fulfill legal obligations (including newly arising ones) or to assert or defend a right, even in judicial proceedings.   

 

A4. Recipients.

A4.1. In compliance with Article 13(1)(e) of the GDPR, GARAGE RAW specifies that your personal data may be disclosed, as appropriate and necessary, to one or more recipients as per Article 4(9) of the GDPR, identified generally by category: (i) for the execution of the processing purpose described in Article 2.1(a): persons authorized by GARAGE RAW to process data under Articles 4(10), 29, and 32(4) of the GDPR; consultants or companies of various kinds that provide services and/or performance (even professional) related, even indirectly, to the fulfillment of the aforementioned purpose (e.g., IT companies).

 

A5. Transfer.

A5.1. Your personal data may be stored in automated, partially automated, and/or non-automated archives owned or attributable, even indirectly, to GARAGE RAW, located—for automated archives only—potentially outside the European Economic Area (EEA): in this regard, GARAGE RAW specifies that, pursuant to Article 13(1)(f) of the GDPR, the guarantee under Chapter V of the GDPR consists of an adequacy decision under Article 45 of the GDPR.

 

A6. Rights of the Data Subject.

A6.1. Regarding your personal data, GARAGE RAW informs you of the right to exercise the following rights, subject to the limitations provided by Articles 2-undecies and 2-duodecies of the Privacy Code:

  • Right of access under Article 15 of the GDPR: the right to obtain confirmation as to whether or not personal data concerning you is being processed, along with the information outlined in Article 15 of the GDPR (e.g., processing purpose, retention period);
  • Right to rectification under Article 16 of the GDPR: the right to correct, update, or complete personal data;
  • Right to erasure under Article 17 of the GDPR: the right to obtain the deletion, destruction, or anonymization of personal data, provided the conditions listed in the same article are met;
  • Right to restriction of processing under Article 18 of the GDPR: a markedly precautionary right aimed at obtaining the restriction of processing under the circumstances outlined in the same Article 18;
  • Right to data portability under Article 20 of the GDPR: the right to obtain personal data provided to the Data Controller in a structured, commonly used, and machine-readable format (and, if requested, to transmit it directly to another Data Controller), provided the specific conditions outlined in the article are met (e.g., legal basis of consent and/or execution of a contract; personal data provided by the data subject);
  • Right to object under Article 21 of the GDPR: the right to permanently stop a specific processing activity concerning personal data;
  • Right to lodge a complaint with the Supervisory Authority (i.e., the Italian Data Protection Authority) under Article 77 of the GDPR: the right to lodge a complaint if the processing in question is believed to violate national and EU personal data protection laws.

A6.2. In addition to the rights described above, GARAGE RAW informs you of the right, where applicable and relevant, to exercise the following:

  • The right under Article 19 of the GDPR (“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 has 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”);
  • The right under Article 22(1) of the GDPR (“The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”), subject to the exceptions outlined in paragraph 2.

A6.3. Pursuant to Article 12(1) of the GDPR, GARAGE RAW undertakes to provide the communications referred to in Articles 15 to 22 and 34 of the GDPR in a concise, transparent, intelligible, easily accessible manner, and in clear and plain language: such information will be provided in writing or by other means, including electronic means or, upon the data subject’s request, orally, provided that the identity of the data subject is verified by other means.

A6.4. Pursuant to Article 12(3) of the GDPR, GARAGE RAW informs you that it undertakes to provide information on the action taken in response to a request under Articles 15 to 22 of the GDPR without undue delay and in any case within one month of receipt of the request. This period may be extended by two months if necessary, taking into account the complexity and number of requests (in such cases, GARAGE RAW will inform you of the extension and the reasons for the delay within one month of receiving the request).

A6.5. The aforementioned rights (except for the right under Article 77 of the GDPR) can be exercised via the contact details outlined in Article 7 below.

 

A7. Contact Details.

A7.1. GARAGE RAW can be contacted at the following address: garageraw@legalmail.it

A7.2. The Data Protection Officer (DPO) appointed by GARAGE RAW under Article 37 of the GDPR is Avv. Gabriele Borghi, who can be contacted at the following address: dpo@garageraw.com

 

Bologna, October 21, 2024 (last updated).

 

GARAGE RAW S.r.l.

(Represented by its legal representative pro tempore)

 

 

B – INFORMATION NOTICE PURSUANT TO ART. 13 OF EU REGULATION NO. 2016/679 – CANDIDATE

GARAGE RAW S.r.l. (VAT No. 03734090362) (hereinafter referred to as “GARAGE RAW”), in the person of its current legal representative, with its registered office in Bologna, Via Galliera 8, as Data Controller pursuant to Articles 4(7) and 24 of EU Regulation No. 2016/679 (GDPR), informs you, pursuant to Article 13 of the GDPR, that your personal data described in Article 1 below will be processed for the purpose specified in Article 2.

 

B1. Categories of Data Processed

B1.1. GARAGE RAW may collect and process, for the purpose of achieving the processing goal described in Article 2, the following information:

(i) personal data as defined in Article 4(1) of the GDPR, contained in your CV submitted/received by GARAGE RAW through various methods (e.g., website) or communicated by you or requested from you for the proper achievement of the specific processing purpose (e.g., name; surname; email address) (hereinafter “personal data”);

(ii) if necessary, special categories of personal data as defined in Article 9(1) of the GDPR (excluding genetic data under Article 4(13) of the GDPR, in compliance with paragraph 1.4.1(d) of Decision No. 146 of June 5, 2019, issued by the Italian Privacy Authority [doc. web no. 9124510]), contained in your CV, communicated by you or requested from you for the proper achievement of the specific (macro) processing purpose (hereinafter “special personal data”).

 

B2. Purpose of Processing and Legal Basis

B2.1. Your personal data and, if necessary, your special personal data may be processed by GARAGE RAW for the following purpose:

Recruitment/selection/evaluation of a candidate for employment, collaboration, or similar roles.

Pursuant to Article 13(2)(e) of the GDPR, GARAGE RAW specifies that failure to provide (even partially, if necessary) your personal data and, where required, your special personal data, may result in the inability of GARAGE RAW to properly and fully execute the processing purpose outlined in Article 2.1(a).

In this regard, GARAGE RAW specifies that the legal basis for the processing purpose described in Article 2.1(a) is found in the following provisions:

Article 6(1)(b)(c) of the GDPR for your personal data;

Article 9(2)(b) of the GDPR, Decision No. 146 of June 5, 2019, of the Italian Privacy Authority (read together with Article 21(5) of Legislative Decree No. 101 of August 10, 2018), Article 113 of the revised Legislative Decree No. 196/2003 (Privacy Code), Article 8 of Law No. 300/1970 (Workers’ Statute) for your special personal data.

 

B3. Retention Period

B3.1. Pursuant to Article 13(2)(a) of the GDPR, GARAGE RAW communicates the following retention period or criteria, after which your personal data and any special personal data will be deleted, destroyed, or anonymized:

(i) For the execution of the processing purpose described in Article 2.1(a):

In case of a positive outcome of the selection process: 10 years pursuant to Article 2946 of the Italian Civil Code, starting from the termination of the employment/collaboration or similar relationship assigned by GARAGE RAW, which may be extended to fulfill a legal obligation or to defend a right/interest, including in court.

In case of a negative outcome of the selection process: Generally, 2 years from the communication by GARAGE RAW of the negative outcome (or implied denial after a reasonable period from the last interview for the specific open position). After this period, GARAGE RAW reserves the right to request your consent for further predetermined retention of your CV for future job opportunities.

 

B4. Recipients

B4.1. In compliance with Article 13(1)(e) of the GDPR, GARAGE RAW specifies that your personal data and, if applicable, your special personal data, may be communicated, where appropriate and necessary, to one or more recipients as defined in Article 4(9) of the GDPR, generally categorized as follows:

(i) For the execution of the processing purpose described in Article 2.1(a): Authorized personnel under Articles 4(10), 29, and 32(4) of the GDPR; consultants/companies providing services directly/indirectly related to the proper execution of the processing purpose described in Article 2.1(a) (e.g., ICT providers).

 

B5. Transfer

B5.1. Your personal data and, if applicable, your special personal data may be stored in automated, partially automated, or non-automated archives owned or indirectly attributable to GARAGE RAW, and located—exclusively for automated archives—potentially outside the European Economic Area (EEA). GARAGE RAW specifies, pursuant to Article 13(1)(f) of the GDPR, that the guarantee under Chapter V of the GDPR consists of an adequacy decision under Article 45 of the GDPR.

 

B6. Rights of the Data Subject

B6.1. With regard to your personal data described in Article 1 above, GARAGE RAW informs you of your right to exercise the following rights, which may be subject to the limitations provided for by Articles 2-undecies and 2-duodecies of the Privacy Code:

  • Right of access pursuant to Article 15 of the GDPR: The right to obtain confirmation as to whether or not personal data concerning the data subject is being processed, as well as the information referred to in Article 15 of the GDPR (e.g., processing purposes, retention period).
  • Right to rectification pursuant to Article 16 of the GDPR: The right to correct, update, or supplement personal data.
  • Right to erasure pursuant to Article 17 of the GDPR: The right to obtain the erasure, destruction, or anonymization of personal data, provided the conditions listed in the same article are met.
  • Right to restriction of processing pursuant to Article 18 of the GDPR: A markedly precautionary right aimed at obtaining a limitation of processing when the conditions set forth in Article 18 are met.
  • Right to data portability pursuant to Article 20 of the GDPR: The right to obtain personal data provided to GARAGE RAW in a structured, commonly used, and machine-readable format (and, where requested, to transmit it directly to another data controller), provided the specific conditions outlined in the same article are met (e.g., legal basis of consent and/or performance of a contract; personal data provided by the data subject).
  • Right to object pursuant to Article 21 of the GDPR: The right to permanently cease a specific processing of personal data.
  • Right to lodge a complaint with the Supervisory Authority (i.e., the Italian Data Protection Authority, “Garante Privacy”) pursuant to Article 77 of the GDPR: The right to lodge a complaint if it is believed that the processing in question violates national and EU regulations on personal data protection.

B6.2. In addition to the rights described in Article 6.1 above, GARAGE RAW specifies that, with regard to your data described in Article 1 above, you may also exercise:

  • The (sub-)right provided for by Article 19 of the GDPR: “The controller shall communicate to each recipient to whom the personal data has been disclosed any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1), and Article 18, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.” This right is considered connected to and associated with the exercise of one or more rights regulated by Articles 16, 17, and 18 of the GDPR.
  • The right provided for by Article 22(1) of the GDPR: “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her,” subject to the exceptions provided for in paragraph 2 of the same article.

 

B7. Contact Details

B7.1. GARAGE RAW can be contacted at: garageraw@legalmail.it

B7.2. The Data Protection Officer (DPO), Mr. Gabriele Borghi, can be contacted at: dpo@garageraw.com

 

Date: Bologna, October 22, 2024

 

GARAGE RAW S.r.l.

 

(Represented by its current legal representative)