Personal Information Collection Statament according to the Federal Privacy Act and to the National Privacy Principles (“NPP”) applicable to the private business sector.
Dada.net S.p.A. (hereinafter Dada.net) constantly undertakes to protect the online privacy of its users.
The present document will explain our privacy policy so that you can better understand how your personal information is managed when using our services. This document will also allow you to give your express and informed consent for the processing of your personal data in sections of the website http://au.dada.net (“Site”) where your personal data is requested.
We would like to remind you that in the various sections of the Site where we gather your personal data, you will find specific which must be viewed before you provide any data requested.
The information and data provided by you or otherwise acquired by us during your registration to various Dada services, such as services available in the “People”, “Blog”, “Photo”, “Audio”, “Video”, “Mail”, “Love”, “Mobile” or “Forum” sections (hereinafter altogether the “Services”), will be processed in accordance with the provisions of the Federal Privact Act and of the National Privacy Principles thereof. Further, with regard to possibile processing of personal data in Italy, on Dada.net’s electronic platforms , please be informed that this Personal Information Collection Statement is further compliant with the Italian Dada Protection Code as per art. 13 therein (the full version is available on the website of the Italian Authority for data protection at www.garanteprivacy.it), Further, your personal data shall be processed also according to the guarantees for on line users as set forth in the Recommendation from the Group of European Privacy Authorities (n. 2 May 17, 2001) and in accordance with the privacy obligations that inspire Dada.net’s business.
For ‘personal data processing’ we mean any operation or set of operations, carried out even without the aid of electronic devices, concerning the collection, registration, organization, keeping, consultation, processing, modification, selection, extraction, comparison, use, interconnection, cancellation, communication, deletion and/or destruction of data, even if the data is not registered in a databank. We would also like to inform you that personal data subject to processing – which may also depend on how you decide to use the Services – may include textual information, photographs, videos, audio tracks, mobile use, or any other information that reveals the identity of the data subject, according to the type of Services requested.
Data processing carried out by Dada.net shall be characterized by the principles of fairness, lawfulness, transparency and the protection of your privacy and your rights.
Purpose of Data Processing.
The primary purpose of our data processing is to supply the user with the Services he/she requested through registration and creation of a user account. This includes gathering, keeping and processing data in order to set up the user’s account and subsequently manage relationships with the user (as well as manage the account created by the user) from an operative, technical and administrative point of view, connected with the supply of the Services and the management of all correspondence related to the relationships established. The data will also be processed to absolve legal, accounting and fiscal obligations.
Personal data may also be processed in order to allow for navigation and consultation of Dada.net’s websites.
Furthermore, we hereby specify that the purposes of the secondary data processing are also related to the gathering, keeping and elaboration of your data for carrying out statistical analyses in anonymous and/or aggregate forms, without the possibility of identifying the user, aimed at verifying the quality of the services offered.
Finally, the data may be processed for secondary purposes – only when the user has given his/her specific consent – for marketing and advertising purposes in a broad sense, to provide information and/or formulate offers on products, services and initiatives offered or promoted by Dada.net, by companies which are part of the Dada Group such as affiliated and/or controlled companies, as well as by commercial partners and outsourcers. The above does not imply that data was transferred to a third party.
Processing modality.
Your personal data will predominantly be processed with electronic or automated means.
Communication and dissemination of personal data.
Your personal data may be communicated to:
1. people, companies or professional firms which provide assistance or consultancy to the Dada.net regarding accounting, administration, legal, tax and financial services connected to the supply of the Services;
2. subjects, entities or authorities to whom the communication of your personal data is mandatory according to provisions of the law or orders from the authorities;
3. subjects delegated and/or made responsible by the Dada.net to carry out activities strictly related to the supply of the Service and its technical maintenance (including network equipment and electronic communications networks);
4. commercial partners only in the event that you have given your specific consent for processing your personal data for advertising purposes;
5. commercial partners (which are autonomous data controllers responsible for the processing of their own personal data) that offer services in collaboration with Dada.net requested by you. With respect to the abovementioned commercial partners, Dada.net is simply the content provider for commercial partners from time to time considered. In this case, any communications from Dada.net to the partner are necessary and exclusively carried out for the purpose of technical management of the customer care activities within an autonomous service relationship that users have with the partner that provides the service. Further, the subjects or the categories of subjects to whom your personal data may be communicated or who may come to know your personal data owing to their position as Data Processor (if nominated) or as Processor are: the companies of the Dada Group, Italian and abroad, personnel of the Dada Group responsible for managing the administrative or technical part of the Services, and those who are responsible for the platform through which the Services are supplied.
Furthermore, subjects or categories of subjects to whom your data may be communicated or made known, as Data Processors (if nominated) or as Persons in Charge of the Processing, are: the Dada Group companies, in Italy and abroad, employees of the Dada Group who are in charge of the administrative and/or technical management of the Services and/or who are responsible for the technical platform through which the Services are supplied.
With reference to the dissemination of your personal data, we hereby inform you that any and all personal data necessary for the activation of the Services will not be subject to dissemination. It is implied that your decision to use the Services to consciously disseminate information that concerns you on the on the Internet (e.g. publication of photos and videos), does not constitute dissemination by the Data Controller.
Optional or mandatory consent.
The conveyance of personal data is optional for the activation of the Services (registration, technical maintenance of the account, etc.), however if any personal data is missing it may not be possible to activate the Services requested.
Your consent to process your personal data for the following activities is entirely optional and non-mandatory: drawing up studies, research and market analyses; sending information and advertisements; executing direct sales activities and selling products and services; sending out commercial information; carrying out interactive commercial communications through the supplier’s use of telephone, electronic mail, and automated call systems without the use of an operator or a fax. Consent is also optional for receiving unsolicited commercial communications : should you give a specific and revocable consent to such processing, please be advised that unsolicited commercial communications shall be immediately and unequivocally marked as such and shall contain information which states that the receiver of the message can object to receiving these communications in the future.
According to NPP 1.2, please be informed that processing of personal data for direct marketing purposes is subject to an opt-out consent procedure: you may give your consent to such processing and in any successive moment you may notify us your decision to revoke the previsous consent given.
Should you decide not to give your distinct consent for data processing operations for the abovementioned commercial purposes – when requested in certain sections of the Site – this refusal will not lead to any consequences. When you give your optional consent for the aforementioned processing operations, you may be admitted to participate in promotional contests organized by the Dada Group or by its commercial partners.
Processing sensitive data.
In using some of the Services for which registration is required (e.g. the option of publishing photos, videos or audio tracks), it may occur that personal data which falls into the category of “sensitive” personal data could be or shall be processed, with special reference to data which could reveal racial or ethnic origins, religious, philosophical or any other kind of beliefs, political opinions, memberships to parties, trade unions, associations or organizations of a religious, philosophical, political, or unionist nature, as well as personal data which reveals health or sex life.
We invite you to not publish sensitive data unless strictly necessary. In any event data may only be processed with written consent or equivalent (“equivalent consent” also includes your demonstration of acceptance online through procedures such as clicking the “accept” or “send” button on a webpage, etc. or checking the box next to the word “accept” etc.) from the data subject..
In virtue of the foregoing, we hereby remind you that without your specific consent to process your personal sensitive data (although you will be allow to register in any event), should you decide to use Services that involve the processing of sensitive personal data, you will be required to modify your subscription card and give your specific consent. If you do not proceed to give us your consent to process your personal sensitive data for whatever reason and subsequently you use Services where your personal sensitive data is processed (e.g. if you publish photos that provide information of a sensitive nature), we hereby inform you that no companies within the Dada Group shall be held liable, nor shall companies within the Dada Group undertake in any kind of dispute, since the publication of your sensitive data (including the dissemination via web) is managed exclusively and autonomously by you on the webpage made available to you upon your registration and your use of the Services. We hereby specify the importance, as mentioned above, of modifying your registration card to express your specific consent to process your sensitive data should you decide to make use of the Services which necessarily lead to the use of such information.
Sensitive data – with special reference to data which could reveal sexual habits or preferences – will not be communicated (apart from legal obligations) or disseminated by the companies within the Dada Group. It is implied that your decision to use the Services to consciously communicate or disseminate your personal sensitive data on the Internet does not constitute a case of communication or dissemination by Dada.net since such operations were carried out autonomously by you on web pages reserved for you or in any event within the limits of normal use of the Services.
Processing third parties’ personal data provided by the data subject.
In using the Services for which you are required to register (e.g. the option to publish photos, videos, or audio tracks), third parties' personal data (and sensitive data), which you published or which was sent to the Service provider by you, may be processed. In this case, you shall be the autonomous Data Controller and you shall assume all legal obligations and liability. In this sense, you hereby indemnify and keep harmless Dada.net S.p.A. against all lawsuits, claims and damages from data processing etc. which may reach the Data Controller from third parties whose personal data was published through your use of the Services in violation of the applicable laws on the protection of personal data. In any case, if you provide or in any other way process the personal data of third parties in your use of the Services, you must warrant and guarantee as from now – assuming any and all connected liability – that you have previously obtained the consent of the third party whose personal data was processed and published by you.
Navigation data.
Over the course of normal activity, the information processing systems and software procedures that run the Dada.net site acquire personal data whose transmission is implicit in the use of Internet communication protocols.
The information acquired is not gathered for the purpose of being associated with identified data subjects, however due to its nature, through elaborations and associations with data from third parties, it allows for the identification of the users.
This category of data includes IP addresses or domain names of computers used by the users who connect to the site, the addresses in URI notation (Uniform Resource Identifier) of requested resources, the hour of the request, the method used for submitting the request to the server, the dimension of the file obtained in the reply, the numeric code indicating the status of the reply provided by the server (executed, error, etc.) and other parameters related to the user’s operating system, computer system, applications, and any and all other electronic/computerized aspects related therein.
The aforementioned data is used for the sole purpose of drawing up anonymous statistical information on the use and correct operation of the site and shall be cancelled immediately following elaboration. The data could be used to verify responsibility in cases of computer related crimes which damage the Site or third parties: with the exception of this possibility, web contact data is not permanently stored, unless the user requests otherwise (e.g. access to the user’s personal pages on Dada.net that list the services used, the information published, etc.).
With reference to the use of cookies or permanent user tracking/monitoring systems, we hereby inform you that access to the Site may allow the server at the PC terminal of the user to send text files which are used to obtain information on the navigation on the site. We hereby inform you that the sending of non-persistent cookies is necessary in order to allow certain parts of the Service, which require the path of users to be tracked on various pages of the site, to function properly. For any access to the site, regardless of whether cookies are present, the following information is recorded: type of browser (e.g. Internet Explorer, Netscape), operating system (e.g. Windows, Macintosh), the host and the URL of the visitor, as well as information regarding the page requested. This data can be used in an aggregated and anonymous way for statistical analysis on the use of the site. Finally, the use of the so-called session cookies (which are not memorized in a persistent way on the computer of the user and disappear when the browser is closed) is strictly limited to the transmission of session identifiers (made up of random numbers generated by the server) necessary for allowing safe and efficient navigation on the site.
You can always turn off the cookies by modifying the configurations on your browser.
Personal data processed by Partners of Dada.net – Data Controller and Data Processors
The Services and the Content are offered directly by Dada.net or by Third Party Suppliers with the collaboration of Dada.net
PREMIUM SERVICES: Dada.net provides Third Party Suppliers (often represented by Mobile Carriers or other electronic communication service suppliers) with content which they provide to their clientele. In this framework of commercial collaboration – and with reference to processing the personal data of the Third Party Supplier’s clientele – Dada.net is merely a data processor (since Mobile Carriers, and in general Third Party Suppliers, are autonomous data controllers for their own data). Dada.net in this case shall carry out connected activities based on the instructions provided by the Third Party Supplier. Consequently the purposes and the methods of processing are autonomously established by the commercial partner Third Party Supplier as autonomous data controller toward its own clientele. It is the responsibility of the Third Party Supplier to fulfill its obligations toward its clientele, as well as the obligations set by the Privacy Laws . Further, any breach or violation of the abovementioned Privacy Laws set forth by the clientele (including breaches or violations reported to the competent Authority for the protection of personal data) are the responsibility of the Third Party Supplier and must be dealt with by the latter owing to the fact that Dada.net does not have any power or jurisdiction in deciding the purpose or method for which said data is processed. This is obviously the case, unless the reported breach is related to Dada.net’s observance of the processing instructions received from the partner Third Party Supplier controller of the personal data.
DADA.Net SERVICES: Dada.net manages its own web community and in some cases the services provided through the web (for example the supply of content with payment by credit card or through pay pal): without affecting when Dada.net qualifies as data controller of the related data, either exclusively or limited to the management of the community or the services supplied directly by the latter.
The identification details of the data controller of the abovementioned processing are the following: Dada.net S.p.A. with registered office in Piazza Pietro Annigoni 9/b , Florence, Italy CAP 50122.
The updated list of Data Processors (if nominated), is available upon request to Dada.net S.p.A.
You may contact at any time the Data Processor, in order to exercise the rights provided by the NPP 6.
PROMOTIONAL ACTIVITY: Finally, we hereby inform you that the kind of processing mentioned in this section, must be distinct from processing for advertising or marketing purposes (which requires the explicit and previous consent from the data subject, which must be acquired from time to time by the data controller, whether Dada.net or the Commercial Partner/third party). The services mentioned herein are related to the contractual relationship between the autonomous data controller Commercial Partner/third party and its users. Communication of the personal data of clientele for advertising or marketing purposes in a broad sense between Dada.net and its Commercial Partners does not fall within the cases mentioned herein
Data Keeping and Security Measures.
Data will be kept for amounts of time defined by current laws and regulations and stored on the server of Dada.net S.p.A sites at the server Farm Inet S.p.A in Italy, Settimo Milanese (MI), via Darwin 17, designated for this purpose Data Processor. A copy of the data, in order to guaranty the ongoing supply of the service and to guarantee that the data will be saved even in the case of a disastrous event, is saved on the server of Upoc Networks, Inc., a company within the Dada Group, with headquarters at 536 Broadway, 3rd Floor, New York, NY 10012, designated for this purpose Data Processor. The physical location of the server farm is at Qwest Communications Corporation, 350 East Cermak, Chicago, IL 60616-1428. In any event, the amount of time that your data will be kept shall be equal to the amount of time it take to fulfill the abovementioned purposes and equal to the length of the service relationship between you and the Data Controller. If you want to cancel your account, and stop using the Services, your data will be cancelled, save the need to fulfill contractual, administrative, fiscal, accounting or legal obligations subsequent to your cancellation of the service. As soon as these abovementioned obligations have been fulfilled, your data will be cancelled.
We hereby also inform you that your data will be gathered, processed and kept in full respect of the law, according to the National Privacy Principle 4 (“Data Security”). .
The data will also be processing in accordance with self-governing laws regarding the processing of personal data contained in the sector’s current codes of practice , where applicable.
(Right to access personal data and other rights)
You can contact the Data Controller or Data Processor at any time, without formal obligations to send an inquiry in writing to exercise your rights as provided for by the NPP 6.
You are entitled with the following rights:
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him/her exists, regardless of their being already recorded, and communication of such data in intelligible form.
2. The data subject shall have the right to be informed:
a) of the source of the personal data;
b) of the purposes and methods of processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;
d) of the identification data concerning the data controller and the data processors e) of the entities or categories of entity to whom or which the personal data may be communicated.
3. A data subject shall have to right to obtain:
a) updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated, or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
Contacts
For any information and to exercise the above reported rights ( the data subject can write to:
Dada.net S.p.A.
piazza Pietro Annigoni 9/b
50122 – Firenze