Privacy Policy

Preamble

 

Intentions

Before listing under the heading of «Privacy Policy» in a methodical manner what is prescribed by the regulation by the EU 2016/679 (General Data Protection Regulation / General Data Protection Regulation = GDPR) I would like to, for the avoidance of doubt, express my intentions as the committer, co-manager, co-author and owner of the website www.martin-fleischer.com:

  • First, the www.martin-fleischer.com website is designed and intended to display and exhibit content, NOT to collect data of any kind.
  • Only and exclusively in the event that a user wishes to be contacted by me, hes/she has the possibility of sending me WhatsApp messages, e-mails or filling in various forms with data such as first name, last name, telephone number & e-mail address. In this case, the website explicitly requests consent to process this data and I will only use it for the reasons listed under «purposes of the processing of collected data» and under «contacting the user» . This consent can be revoked at any time by contacting the controller listed below.
  • The sharing of data with third parties is therefore the most important and sensitive part of this Privacy Policy: a CMS (WordPress) was used to build this site, a hosting service (Aruba) is used to publish it, and other third-party services (VIMEO) are used to display multimedia content. In some cases the data shared with the third party can be limited, in others (e.g., regarding hosting) less. If the user of www.martin-fleischer.com wishes to be sure to share as little personal and usage data as possible, it is recommended to browse with the browser set to «anonymous».
  • Finally, the easiest way to manage the statistics related to visits to www.martin-fleischer.com is through the use of Google Analytics. Although as the operator of the site I receive the usage data in an aggregate manner, Google itself uses the data to profile the user and for the purpose of optimizing its marketing tools

 

Comment on the GDPR

Although without any doubt the intentions of the legislators were excellent in drafting the content of EU Regulation 2016/679 (General Data Protection Regulation/General Data Protection Regulation = GDPR), I still believe that they failed to effectively protect us from profiling by software and social networking giants. Conversely, GDPR has succeeded in making the online existence of small businesses, freelancers, and amateur sports associations (ASDs) unaffordable, costly, and exasperatingly bureaucratic. What follows is therefore the mere fulfillment of a legal obligation, coupled, absurdly, with the most total desire not to profile anyone and not to collect any data except for the purpose explicitly shared by the user.

Privacy Policy

This document can be printed using the print command found in the settings of any browser.

Controller

Martin Fleischer
Via Beato Lodovico Pavoni, 4
25050 Provaglio d’Iseo (BS)
Mobile +393409225430; e-mail work@www.martin-fleischer.com

Types of data collected

The following personal data are collected by the site www.martin-fleischer.com, either independently or through third parties, directly through the appropriate forms or through subsequent contact: first name, last name, telephone number, e-mail address, residential address [Street, house number, zip code, city, country] and tax code (essential to enable the proper conduct of the professional relationship). In addition, the site, for its proper functioning uses Cookies and collects usage data. Full details on each type of data collected are provided in the dedicated sections of this privacy policy or through specific informational texts displayed before the data is collected. personal data may be freely provided by the user or, in the case of usage data, is automatically collected during the use of www.martin-fleischer.com. Unless otherwise specified, all data requested by www.martin-fleischer.com are mandatory. If the user refuses to provide them, it may be impossible for the www.martin-fleischer.com site to function properly and/or it may be impossible to provide the service. In cases where the site www.martin-fleischer.com indicates certain data as optional, users are free to refrain from communicating such data, without this having any consequence on the availability of the service, the functionality of the site or its operation. users in doubt about which data is mandatory are encouraged to contact the controller. Any use of Cookies – or other tracking tools – by www.martin-fleischer.com or the controllers of third party services used by www.martin-fleischer.com, unless otherwise specified, is for the purpose of providing the service requested by the user, in addition to the additional purposes described in this document and in the Cookie Policy, if available. The user assumes responsibility for the personal data of third parties obtained, published or shared through the site www.martin-fleischer.com and guarantees that he/she has the right to communicate or disseminate them, releasing the controller from any liability to third parties.

Method and place of processing of collected data

Methods of data processing

The controller takes appropriate security measures to prevent unauthorised access, disclosure, modification or destruction of personal data. The processing is carried out using computer and/or telematic instruments, with organisational methods and logics strictly related to the purposes indicated. In addition to the controller, in some cases, other subjects involved in the organisation of www.martin-fleischer.com (administrative, commercial, marketing, legal, system administrators) or external subjects (such as third party technical service providers, postal couriers, hosting providers, IT companies, communication agencies) also appointed, if necessary, data processors by the controller, may have access to the data. The updated list of data processors can always be requested from the controller.

Legal basis for data processing

The controller processes personal data relating to the user if one ore more of the following conditions are met:

  • The user has given consent for one or more specific purposes; Note: in some jurisdictions, the controller may be allowed to process personal data without the user‘s consent or any of the other legal bases specified below, until the user objects («opt-out») to such processing. However, this does not apply if the processing of personal data is governed by European legislation on the protection of personal data
  • processing is necessary for the performance of a contract with the user and/or the performance of pre-contractual measures.
  • Processing is necessary for the performance of a legal obligation to which the controller is subject.
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of public authority vested in the controller.
  • Processing is necessary for the pursuit of the legitimate interest of the controller or of third parties.

However, it is always possible to ask the controller to clarify the concrete legal basis of each Processing operation and in particular to specify whether the Processing is based on law, required by a contract or necessary to conclude a contract.

Place

The data are processed at the controller‘s premises and at any other place where the parties involved in the Processing are located. For further information, please contact the controller. The user‘s personal data may be transferred to a country other than the one where the user is located. To obtain further information on the location of the Processing, the user may refer to the section on Details on the processing of personal data. The user has the right to obtain information about the legal basis for the transfer of data outside the European Union or to an international organisation under public international law or consisting of two or more countries, such as the UN, as well as about the security measures taken by the controller to protect the data. The user can verify whether one of the transfers just described takes place by examining the section of this document relating to Details on the processing of personal data or request information from the controller by contacting the latter at the contact details given at the beginning of this document.

Retention period

Data are processed and stored for the time required by the purposes for which they were collected. Therefore:

  • personal data collected for purposes related to the performance of a contract between the controller and the user will be retained until the performance of such contract is completed.
  • Personal data collected for purposes related to the legitimate interest of the controller will be retained until such interest is satisfied. The user may obtain further information regarding the legitimate interest pursued by the controller in the relevant sections of this document or by contacting the controller.

When Processing is based on the user‘s consent, the controller may keep the Personal data for a longer period until such consent is revoked. In addition, the controller may be obliged to retain Personal data for a longer period in compliance with a legal obligation or by order of an authority. At the end of the retention period the Personal data will be deleted. Therefore, at the end of this period, the right of access, deletion, rectification and the right to data portability can no longer be exercised..

Purposes of the processing of collected data

The user‘s data are collected to enable the controller to provide the service, to comply with legal obligations, to respond to requests or enforcement actions, to protect its rights and interests (or those of users or third parties), to identify possible fraudulent or malicious activities, as well as for the following purposes: statistics, displaying content from external platforms, traffic optimization and distribution, contacting the user and tag management. To obtain detailed information on the purposes of the Processing and on the Personal data processed for each purpose, the user may refer to the section «Details on the processing of personal data».

Details on the processing of personal data

Personal data are collected for the following purposes and using the following services:

# Web-hosting

A web hosting service is a type of Internet hosting service that hosts websites for clients, i.e. it offers the facilities required for them to create and maintain a site and makes it accessible on the world wide web. Web hosting companies have access to all the data and content of a website.

Aruba web hosting

Aruba web hosting is a service provided by Aruba S.p.A. – via San Clemente, 53 – 24036 Ponte San Pietro (BG), Italy.

Personal data processed:all data transmitted to www.martin-fleischer.com
Place of Processing: Europe – Data Protection Policy.

# Website CMS – Website Content Management

A content management system (CMS) is computer software used to manage the creation and modification of digital content (content management). The website www.martin-fleischer.com is based on such a CMS.

WordPress

WordPress is an open source «blog» and content management system (CMS) software platform, i.e. a programme that, running server-side, allows the creation and distribution of an Internet site consisting of textual or multimedia content, which can be managed and updated dynamically. WordPress is written in hypertext preprocessor language (php) and combined with a MySQL or MariaDB database. In particular, the site www.martin-fleischer.com uses mySQL databases. WordPress, like any other CMS, uses Cookies to facilitate some of its features, such as language setting and authentication for editing and commenting.

Personal data processed: Cookies; usage data.
Place of Processing: unknown – Data Protection Policy.

# Contacting the user

Contact forms (www.martin-fleischer.com)

The user, by filling in the contact form with his/her data, consents to their use to respond to requests for information, quotations, or any other nature indicated in the header of the form. Personal data processed: first name, last name, telephone number, e-mail address

# Statistics

The services contained in this section allow the controller to monitor and analyse traffic data and are used to keep track of the user‘s behaviour.

Google Analytics (Google Ireland Limited)

Google Analytics is a web analysis service provided by Google Inc. («Google»). Google uses the Personal data collected in order to track and examine the use of www.martin-fleischer.com, compile reports and share them with other services developed by Google. Google may use the Personal data to contextualise and personalise the advertisements of its advertising network.

Personal data processed: Cookies; usage data.
Place of Processing: Ireland – Privacy Policy.

# Display of content from external platforms

This type of service allows to display contents hosted on external platforms directly from the pages of www.martin-fleischer.com and to interact with them. If a service of this type is installed, it is possible that, even if the users do not use the service, it collects traffic data related to the pages where it is installed.

VIMEO video-embedding

VIMEO, Inc. is a video hosting, sharing, and services platform provider headquartered in New York City. Some Videoclips hosted on VIMEO‘s website are embedded on www.martin-fleischer.com.

Personal data processed: Cookies; usage data.
Place of Processing: USA – Privacy Policy.

Spotify music online streaming

Spotify is a Swedish audio streaming and media services provider. Some photos of this website are associated with embedded Spotify audio tracks. Upon clicking on the embedded thumbnails, Spotify‘s own cookie banner/policy is triggered and the user can decide independently how to proceed.

Personal data processed: Cookies; usage data.
Place of Processing: Sweden (EU) – Privacy Policy.

User Rights

users may exercise certain rights with regard to the data processed by the controller. In particular, the user has the right to:

  • withdraw consent at any time: The User may revoke the consent previously given to the Processing of his/her Personal data
  • Oppose the Processing of his/her data: the User may object to the Processing of his/her data when it is done on a legal basis other than consent; further details on the right to object are set out in the section below
  • access to his/her data: the User has the right to obtain information on the data processed by the controller, on certain aspects of the Processing and to receive a copy of the data processed
  • verify and request correction: the User may verify the correctness of his/her data and request that it be updated or corrected
  • obtain the restriction of the Processing: when certain conditions are met, the User may request the restriction of the Processing of his/her data; in this case, the controller will not process the data for any purpose other than its preservation
  • obtain the deletion or removal of his/her Personal data: when certain conditions are met, the User may request the deletion of his/her data by the controller
  • receive his/her data or have them transferred to another controller: the User has the right to receive his/her data in a structured, commonly used and machine-readable format and, where technically feasible, to have it transferred without hindrance to another controller; this provision is applicable when the data are processed by automated means and the Processing is based on the User‘s consent, on a contract to which the User is party or on contractual measures related thereto
  • proposing a complaint: the User may lodge a complaint with the competent data protection supervisory authority or take legal action

Details on the right to object

Where Personal data are processed in the public interest, in the exercise of public authority vested in the controller or in pursuit of a legitimate interest of the controller, Users have the right to object to the Processing on grounds relating to their particular situation. Users are informed that, should their data be processed for direct marketing purposes, they may object to the Processing without giving any reason. To find out whether the controller processes data for direct marketing purposes, Users may refer to the respective sections of this document.

How to exercise rights

In order to exercise their rights, Users may address a request to the contact details of the controller indicated in this document. Requests are filed free of charge and processed by the controller as quickly as possible, in any case within one month.

Cookie Policy

www.martin-fleischer.com makes use of tracking tools. To learn more, the User can consult the

More information about data processing

Litigation defense

The User‘s Personal data may be used by the controller in court or in the preparatory stages of its possible establishment for the defence against abuses in the use of www.martin-fleischer.com or of the connected services by the User. The User declares to be aware that the controller may be obliged to disclose the data by order of public authorities.

Specific disclosures

Upon request of the User, in addition to the information contained in this privacy policy, www.martin-fleischer.com may provide the User with additional and contextual information regarding specific services, or the collection and Processing of Personal data

System logs and maintenance

For operation and maintenance purposes, www.martin-fleischer.com and any third-party services used by it may collect system logs, i.e. files that record interactions and which may also contain Personal data, such as the User‘s IP address.

Information not contained in this policy

Further information in connection with the Processing of Personal data may be requested at any time from the controller using the contact details.

Handling of «Do Not Track» requests

The website www.martin-fleischer.com Does Not supports «Do Not Track» requests. To find out whether any third party services used support them, the User is invited to consult their respective privacy policies.

Changes to this privacy policy

The controller reserves the right to make changes to this privacy policy at any time by notifying the Users on this page and, if possible, on www.martin-fleischer.comas well as, when technically and legally feasible, by sending a notification to the Users through one of the contact details it has. Therefore, please consult this page frequently, referring to the date of last modification indicated at the bottom. If the changes affect Processing whose legal basis is consent, the controller will collect the User‘s consent again, if necessary.

Definitions and legal references

Personal data (or data)

Any information relating to an identified or identifiable natural person («data subject»). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Usage data

This is the information collected automatically through www.martin-fleischer.com (including by third party applications integrated into www.martin-fleischer.com), including: IP addresses or domain names of the computers used by the User who connects with www.martin-fleischer.com, URI (Uniform Resource Identifier) notation addresses, the time of the request, the method used to forward the request to the server, the size of the file obtained in response, the numeric code indicating the status of the server response (successful, error, etc.), the country of origin, the characteristics of the browser and the operating system used by the visitor, the various time connotations of the visit (for example, the time spent on each page), and details on the itinerary followed by the User within the application, with particular reference to the sequence of pages consulted, the parameters relating to the operating system and the User‘s IT environment..

Processing

Any operation or set of operations which is performed on Personal data or on sets of Personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

User

The individual using www.martin-fleischer.com which, except where otherwise specified, coincides with the data subject.

Data subject

The natural person to whom the Personal data refer.

Processor

The natural or legal person, public authority, agency or other body which processes Personal data on behalf of the controller.

Controller

The natural or legal person, public authority, service or other body which, individually or jointly with others, determines the purposes and means of the Processing of Personal data. Where the purposes and means of such Processing are determined by Union or Member State law, the controller or the specific criteria applicable to its designation may be established by Union or Member State law.

Service delivered

The service provided by www.martin-fleischer.com as defined in the relevant terms (if any) on this site/application.

European Union (or EU)

Unless otherwise specified, any reference to the European Union in this document is understood to extend to all current member states of the European Union and the European Economic Area.

Cookies

Cookies are tracking tools that consist of small portions of data stored within the User‘s browser.

Tracking tool

tracking tool is defined as any technology – e.g. Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting – that allows Users to be tracked, for example by collecting or storing information on the User‘s device.

Legal references

This privacy policy is drawn up on the basis of multiple legal regulations, including Articles 13 and 14 of Regulation (EU) 2016/679.

Last modified: 8th of April 2023