Statement on the Processing of Personal Data
(pursuant to Article 13 of Data Protection Regulation EU 2016/679 “GDPR” )
As Data Controller of Personal Data, in accordance with the Data Protection Regulation EU 2016/679 “GDPR” “, Ober Alp S.p.A., promoter, pursuant to DPR (Decree of the President of the Italian Republic) n. 430/2001, of the competition “Get Vertical” (“Competition”), confirms that your personal data will be processed in accordance with the GDPR, which contains certain requirements regarding the processing of personal data, including ensuring that any processing of personal data is accurate, lawful and transparent. Your data will be processed in accordance with the GDPR and any confidentiality obligations as well as in compliance with your rights as a data subject.
1. Data processing applications
The personal data collected (henceforth referred to as Personal Data) will be processed for the following reasons:
- Compliance with national laws and regulations as well as European Union Law, in particular DPR n. 430/2001 regarding competitions.
Providing Personal Data for this purpose is mandatory and refusal to provide or providing incorrect or inaccurate Personal Data entails the impossibility of the data subject to take part in the competition. The corresponding processing does not require consent from the data subject.
The processing is carried out on the basis of Art. 6, para. 1, letter c) GDPR.
- Enforcement and implementation of contractual obligations, respectively enforcing and implementing the regulation for the competition as well as compliance with specific requests of the data subject and management of the relationship with the data subject.
Personal Data will be used by the Controller to verify the identity of the data subject (also through verification of the e-mail address), in order to avoid fraud or abuse, as well as to contact the data subject for reasons related to the competition (e.g. managing the participation in the competition, notifying the data subject of possible winnings and managing the assignment and delivery of prizes; contacting the data subject in order to obtain further information – like a copy of his/her ID card – which the notary or the functionary of the chamber of commerce responsible for competitions may request to verify the data subject’s identity to prevent fraud or abuse);
Providing Personal Data for this purpose is not mandatory, but refusal to provide or providing incorrect or inaccurate Personal Data may entail the impossibility to take part in the competition. The corresponding processing does not require consent of the data subject.
The processing is carried out on the basis of Art. 6, para. 1, letter b) GDPR.
- Market surveys and statistical purposes
For these purposes, the data are processed exclusively in anonymous form, meaning that an identification of the person concerned is no longer possible.
- The Personal Data will also be processed, with the consent of the data subject (art. 6, par. 1, letter a) GDPR), for the following marketing purposes:
- sending the brand newsletter of the Oberalp Group (Salewa and Dynafit) and newsletters informing about sample sales events;
- sending periodic commercial communications regarding company products and services;
- promotional activities also related to the transmission of advertising and promotional material.
The provision of Personal Data for the above-mentioned purposes is not mandatory and the refusal by the data subject to consent to the processing for this purpose will have no negative impact on the participation at the competition. The data subject may revoke his/her consent at any time.
For the purposes of direct marketing, the data controller also processes and evaluates Personal Data regarding the data subject's purchase behaviour and the websites visited on the pages of the Oberalp Group in order to carry out a profiling of data subjects, which is used solely for sending personalised advertising material based on the interests of the data subject.
For the purposes of direct marketing, the Personal Date are disclosed, with the consent of the Data Subject (art. 6, para. 1, letter a) GDPR), also to Partners of Oberalp, as defined in para. 4.
- Creation of a personal account for the use of the Salewa website and the services offered there.
The data subject will receive an automatically generated e-mail containing the login details for the activation of his account.
The processing for this purpose requires the consent of the data subject (art. 6, para. 1, letter a) GDPR).
The provision of Personal Data for the above-mentioned purpose is not mandatory and the refusal by the data subject to consent to the processing for this purpose will have no negative impact on the participation at the competition. The data subject may revoke his/her consent at any time.
2. Duration of the processing
The Personal Data provided by the data subject will be processed until consent is revoked and will be automatically cancelled if the data subject cancels the personal account or if the storage period permitted by law expired.
3. Method of processing
Personal Data are processed with the aid of manual, informatic, automated and telematics instruments, with a view to the above indicated purposes, and, in any case, in ways which guarantee the security and confidentiality of the data subject’s Personal Data.
The data will always be processed in accordance with the principles set out in Art. 32 GDPR.
Notwithstanding disclosure in compliance with legal requirements, Personal Data shall be disclosed or transferred exclusively to parties competent to provide the services necessary for a proper management of the relationship with the data subject, respectively participant in the competition, and in ways guaranteeing the protection of the rights of the data subject.
The personal data provided will be processed only by personnel expressly authorized by the controller and specifically by the following categories:
- Group Administration,
- Group IT,
- Group Brand & Marketing,
- Group Business Development,
- Group Logistics,
- Group Retail BU,
- Group Distribution BU as well as by
the notary and/or the functionary at the chamber of commerce responsible for the fulfilment of the obligations provided for by the current legislation on competitions.
The personal data provided may be disclosed to third parties solely for the purposes indicated in article 1, letters a) and b), and specifically to:
- forwarding agents, carriers, delivery services, mailing providers, logistics firms;
- consultants and professionals, in one-off disclosures or as part of a course of dealing;
The personal data provided by the data subject may be transferred within the Oberalp group, namely to Italian and foreign companies of the Oberalp group. Part of the Oberalp Group are: Ober Alp S.p.A, Oberalp Deutschland GmbH, Oberalp Austria GmbH, Salewa Sport AG, Salewa Polska, Salewa Czech and Slovakia SRO, Salewa France SARL, Salewa Iberica S.L. and Wild Country Ltd.
The personal data may be transferred and disclosed to public bodies, for example police or courts, only in cases permitted by law.
Only for the purposes indicated in article 1, letter d), i), ii) and ii), Personal Data will be disclosed, with the consent of the data subject, to Trentino Marketing (email: email@example.com; Tel: +39 0461 219300), San Martino di Castrozza (email: firstname.lastname@example.org; Tel: +39 0439 768867), Ötztal Tourismus (email: email@example.com; Tel: +43 57200 100), which will process the Personal Data as autonomous controllers (jointly referred to as Partner). Personal Data may also be disclosed to legal entities and persons acting on behalf of Partners, which will use Personal Data exclusively for the purposes indicated in this paragraph.
The complete statement on the processing of personal data carried out by Partners is available online on their respective websites.
The Controller for the processing of personal data is Ober Alp S.p.A. with offices at Waltraud Gebert Deeg Street, 39100 Bolzano (BZ), VAT number 00122250210, registered at the Company Register of Bolzano at n. 71005, tel. 0471.242.900, e-mail: privacy@oberalp.
6. Data Protection Officer
The controller designed a data protection officer for the Oberalp Group. You can contact the data protection officer trough: email firstname.lastname@example.org, tel. +39 0471.242.900.
7. Rights of the data subject
The person concerned has the right to obtain from the Data Controller access, communication, rectification, integration, updating, cancellation and portability of personal data concerning him/her, as well as the right to exercise in general all the rights provided for in chapter III of the GDPR, as indicated below:
Chapter III (Art. 12 - 23) GDPR
- access to personal data (the data subject has the right to obtain information free of charge about the personal data held by the controller and processing of said personal data, as well as to obtain a copy in an accessible format);
- rectification of data (Oberalp will correct or supplement incorrect or inaccurate data, including which has become incorrect or inaccurate due to a non-carried out update,, on the basis of a notice received by the data subject in this regard);
- withdrawal of consent (if the processing is carried out on the basis of consent given by the data subject, the latter may withdraw consent at any time, without this, however, affecting the lawfulness of the processing provided before the withdrawal)
- erasure of data (right to be forgotten) (the data subject may request, for example, erasure when the data are no longer necessary for the purposes for which they were collected or processed or when they have been processed unlawfully, when they have to be deleted in order to fulfil a legal obligation, when the data subject has withdrawn consent and there is no other legal basis for the processing, or when the data subject objects to the processing);
- restriction of processing (the data subject may request this in certain cases: - where the accuracy of the data is contested, within the time necessary for verification; - where the lawfulness of processing is contested and the data subject opposes to erasure; - need to use the data for the data subject's rights of defence, while they are no longer useful for the purposes of processing; if there is opposition to processing, during the time the necessary verifications are carried out - the data will be stored in such a way as to be restored, but, in the meantime, they are not available for consultation by the controller except for the sole purpose to verify the validity of the data subject's request or its objections.
- objecting in whole or in part to the processing for legitimate interests (in certain circumstances the data subject may nevertheless object to the processing of his/her personal data, in particular, if the personal data are processed for purposes of direct marketing, the data subject has the right to object at any time to the processing, including profiling to the extent that it is related to such direct marketing. When personal data are processed for purposes of scientific or historical research or for statistical purposes, for reasons related to his particular situation, he has the right to object to the processing, unless the processing is necessary for the performance of a task carried out in the public interest;
- data portability (if the processing is based on consent or on a contract and is carried out by automated means, upon request of the data subject, the latter will receive in a structured format, commonly used and machine-readable, the personal data concerning him and may transmit them to another controller, without hindrance by the controller to whom he provided them and, if technically feasible, may obtain that such transmission is made directly by the latter).
- lodging a complaint with the supervisory authority (Garante per la protezione dei dati personali – Garante Privacy).
To exercise the rights indicated above, the person concerned may contact the controller by post or by e-mail at the addresses indicated.
This policy statement was last updated on 25/05/2018 and applies of your use of the website today but may be updated from time to time, for organizational reasons or because the law changes: we suggest you visit our websites regularly to see the latest version.