This agreement was written in Italian. In case of conflict between any translated versions of this Agreement and the Italian version, the latter will prevail.
SpazioDati manages personal data it deals with during the daily work and development of its services according to the law. With the entry into force of EU Regulation 2016/679 (GDPR), it has implemented all the necessary measures to comply with this important regulatory update: both from an organizational point of view and in the updating of the services it develops.
The data found in Atoka
SpazioDati has developed Atoka, a platform accessible through the Internet in “Software As A Service” mode, which allows the user to access a search engine made up of Italian companies (and other countries in development), to generate commercial contact lists (lead) and to receive economic and commercial information related to each contact. SpazioDati has all the data related to Italian companies thanks to the license for use of the collected data by Cerved SpA, official distributor of Infocamere S.c.p.a., a company that manages, on behalf of the Chambers of Commerce, a national information system related to public data by law from the Chambers themselves (the Register of Companies). These data are correct, integrated and enriched through the daily work of Cerved analysts. In addition, Atoka makes additional data available, including the website address, corporate social media accounts and keywords associated with companies that summarize the activity. These data come from the interpretation of public sources (website, social channels, ..) carried out by automatic programs that use algorithms very similar to those of the common search engines (eg Google, Bing, Yahoo, etc).
According to the EU regulation 2016/679 (GDPR), these data are defined as “data not collected by the person concerned”: this means that they are not provided directly by the users of the service, but come from the sources we have just described.
Further information on the data in Atoka.
Use of contact data in Atoka
The processing of data in Atoka operates according to the principle of legitimate interest (Article 6 of EU Regulation 2016/679 - GDPR): the data that we make available to users are for internal use and for purposes of transparency and access to data relating to economic subjects and their organizational structure. As a consequence, the contact details in Atoka are not freely usable for sending promotional messages. On the contrary, it is the responsibility of the user of Atoka to deal autonomously with the appropriate collection of consent to their treatment according to current regulations, being the user the holder of that specific treatment.
Further information can be found in the terms of service of Atoka (TOS)
How to use the contacts in Atoka?
Activities using contacts can be carried out without the necessity of a request for prior consent, as regards messages sent to the email addresses referring to the functions of legal persons (e.g. info@…. of a corporation).
In the case of contacts with employees/shareholders of a company, including contacts with personal work email accounts in companies, in accordance with the system of opt-in in Italy, data from Atoka can be used for contact campaigns with a Permission Marketing approach.
In addition to the above, we point out that regardless of the origin and nature of the data, the Data Protection Authority, with the guidelines on the use of personal data for commercial purposes of 4 July 2013, that can be read at this link http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/2542348, reminded that consent is not transferable. For this reason, in order to use a contact database acquired by third parties, it is necessary to obtain a reply and consent to send additional promotional communications..
So it is possible to send a communication to a list of prospects but taking care to include the information on the processing of personal data (art. 13 Decree Law 196/03), in which consent for the sending of promotional material is requested. The message should therefore be purely informative in nature and not markedly commercial (so it is appropriate to avoid including prices, discounts or slogans). However it may:
- describe your company;
- connect the message with your corporate image;
- introduce the services that you can offer, to be described in depth in any subsequent communications;
- allow further investigation through a link to the website or the products;
- include all the ways in which you can be contacted.
Anonymous contact is obviously not allowed and the user must have the option to request to be removed from your list.
As for the phone numbers in Atoka, you need to use the same Permission Marketing approach used for email contacts. From 1 February 2011, the Register of Oppositions was introduced, to which all owners of a telephone line (both legal entities and natural persons) can register.
In order to use the telephone contacts provided by Atoka, it is advisable to check which of the selected contacts are actually available, and which ones on the other hand are present in the Register of Oppositions, and therefore can not be used. In order to make these checks it is necessary to register with the Opposition Register as operators (http://www.registrodelleopposizioni.it/it/operatori/home-operatori).
In compliance with the provisions of the Decree of the President of the Republic n. 178, published in the Gazzetta Ufficiale n. 256 of 2 November 2010, Telemarketing operators wishing to contact the Subscribers in the public telephone directories for commercial activities, promotions or for carrying out market research through the use of the telephone, are required to register with the system managed by the Ugo Bordoni Foundation - Service manager - and to communicate the list of numbers they intend to contact. The managing authority, comparing the information contained in the Register of Oppositions and the list of numbers provided by the Operator, will cancel from the latter all the numbers of the Subscribers who have requested not to be contacted.
Data provided by the data subject during the creation of the user profile in Atoka
The personal data provided by the data subject (the user) through the registration page are collected and processed for the following purposes:
- for carrying out relations with the customer, based on contractual and pre-contractual agreements;
- for the provision of the requested service (Atoka) to the user;
- to receive promotions or sale of additional features of the service (through the e-mail address or telephone number provided during registration);
- with specific consent, for information purposes such as sending communications to promote accession to the initiatives of the owner and to get to know and support its institutional activity.
The legitimacy for the processing of data in relation to the purposes of the processing are based on these assumptions:
- in order to manage the requests of the data subject and the participation of the data subject in activities carried out by the Data Controller;
- to the execution of the contract;
- in order to carry out institutional communications by the Owner also outside EU territory - Legitimate interest.
Rights of the data subject
The user can send an e-mail to <email@example.com> to exercise the rights of:
- access his own data;
- ask for rectification;
- request cancellation;
- oppose the treatment;
- ask for the treatment limitation;
- ask for data portability.
The request must indicate the date, first name and surname, details of the request, the rights that you wish to exercise and address, for the purpose of notification. To avoid any misunderstanding about the identity of the natural person who requests the exercise of their rights, the Owner reserves the right to request a copy of the identity document to confirm the identity of the applicant in cases where this is necessary. The concerned has the right to lodge a complaint with the Guarantor for the protection of personal data, at the address: www.garanteprivacy.it.