The Data Controller is the company BERGS & MORE, società tra avvocati, with registered office in via Bellini, 4 – 35131, Padova (Italia), VAT number and tax code IT05388510280, C.R.N. PD-463959, minimum registered capital €50.000,00, hereinafter “Bergs & More” or also “Data Controller” or “Controller”.
Cookies are small text strings that the websites (so-called “publishers”, or “First parties“) visited by the user or different websites or web servers (so-called “Third parties“) place and store directly, in the case of publishers, and indirectly, through them, in the case of “Third parties”, on the user’s own computer or mobile device to be then retransmitted back to the same websites during the next visit.
Thanks to cookies, a website remembers user actions and preferences (such as, for example, login details, language choice, font size, other display settings, etc.) so that the user do not need to specify them again when returning to the same website or navigating from one section of the website to another. Cookies, therefore, are typically used to perform computer authentication, session tracking and storage of information regarding the activities of users accessing a website and may also contain a unique identifier code that enables the monitoring of user experiences on a website for statistical or advertising purposes.
In particular, the Data Controller informs that the Website uses the types of cookies described below and classified on the basis of the provisions and indications of the competent authorities, in particular the Italian Data Protection Authority (hereinafter, the “Garante“).
These are cookies that are indispensable to enable the transmission of a communication over an electronic communications network or that are strictly necessary to provide a service explicitly requested by the user. Without the use of such cookies, the navigating on the Website and certain operations requested by the user could not be carried out or would be less secure. Such cookies allow the implementation of essential functions such as, for example, the management of a browsing session, the personalization of navigation (for example, the choice of the navigation language and/or currency) and the control and prevention of fraud. In other words, technical cookies are instrumental to the operation of the Website or to perform tasks requested by the user.
In light of the purposes for which technical cookies are used, their storage on the device does not require the prior consent of the user pursuant to Article 122 of Legislative Decree No. 196/2003 (hereinafter, the “Privacy Code”) and Article 5 of Directive 2002/58/EC and following amendments. Their deactivation will result in the impossibility of proper navigation on the Website and/or the inability to use the services, pages, features, or content available therein.
These are the cookies used to assess the effectiveness of a website and to help measure its “traffic,” that is, the number of visitors, including possibly broken down by geographic area, connection time slot or other characteristics.
According to the Garante’s clarification contained in the “Guidelines for Cookies and Other Tracking Tools” published on July 10, 2021, analytics cookies are assimilated to technical cookies and, as such, can be used in the absence of prior acquisition of the user’s consent if:
- such cookies used by the publisher (so-called first-party analytics cookies) to perform purely statistical data processing on its own, even where it relates to multiple domains, websites, or apps, if these can be traced back to the same publisher.
- such cookies are used by Third parties, who provide the web measurement service to the publisher, if all the following conditions are fulfilled:
- cookies are used for the sole purpose of producing aggregate statistics and in relation to a single website or a single mobile application;
- the measure of masking out of, at least, the fourth component of the IP address is guaranteed;
- Third parties shall not combine analytics cookies, even if minimized in the manner described above, with any other information (e.g., customer files or statistics of visits to other websites) and/or passing them on to further third parties, since this will amount to an unacceptable increase in user identification risks, except when the production of statistics from such third parties made with the minimized data affects multiple domains, websites, or apps traceable to the same publisher or business group.
On the contrary, the user’s prior consent is required for analytics cookies that fail to meet the conditions described above.
The Website uses first-party analytics cookies allowed by the Publisher to help measure its “traffic”. They meet all the requirements indicated by the Garante and so they can be assimilated to technical cookies. Therefore, their storage in the device does not require the user’s prior consent.
In general, these are the cookies used to trace back specific actions or recurring behavioral patterns in the use of the functionalities offered by a website to specific, identified or identifiable individuals for the purpose of grouping the different profiles within homogeneous clusters of different width, so that it is also possible, among other things, to modulate the provision of the service in an increasingly personalized manner beyond what is strictly necessary for the provision of the service itself, as well as to send targeted advertising messages, i.e., messages that are in line with the preferences expressed by the user in the context of the web browsing activities. Due to the relative characteristics, the installation of such cookies on the device is allowed only with the user’s consent, as provided for by art. 122 of the Privacy Code and art. 5 of Directive 2002/58/EC and following amendments.
Consent is not mandatory and refusal to provide it does not result in any negative consequences for the user or prevent navigation on the Website. Profiling cookies can be selected or deselected directly from the banner proposed at the first access to the Website or, subsequently and whenever desired, through the appropriate link inserted in the footer, present on each page of the Website itself. Through the banner, the user will be able to manage said cookies in a granular form.
The Website does not use profiling cookies.
3. SETTING OF THE BROWSER TO MANAGE AND/OR DELETE THE COOKIES
You may authorize, block, or delete (in whole or in part) cookies through the specific functions of your browser. The preferences expressed via browser will take effect only from the user’s first connection following the change of those preferences.
If the user uses multiple browsers, the procedure, including the procedure for deleting cookies, will need to be carried out for each of them. If you use different devices (such as smartphones or tablets), you will need to refer to your device’s instruction manual to uninstall cookies. As previously reported, choosing to block the receipt of all cookies may impair or prevent the proper functioning of the Website as some cookies are strictly necessary for navigation.
4. SOCIAL BUTTONS
On the Website the user can find “buttons” (called “social buttons/widgets”) that represent the icons of social networks or other web services (such as LinkedIn). These buttons allow users who are browsing the Website to be redirected directly to the social media profiles of the Data Controller. Apart from these cases, in which it is the user who voluntarily wishes to share his or her navigation data with the chosen social network by clicking on the respective icon, the Website will not share any navigation information or user data acquired through the Website with the social networks accessible through the social buttons/widgets.
For more information about LinkedIn’s cookies and LinkedIn’s handling of personal data, please visit:
Personal data may be transferred outside the European Union or to international organisations. In such cases, the transfer will take place, either on the basis of an adequacy decision or standard contractual clauses (standard contractual clauses or SCC’s) approved by the European Commission or, failing that, subject to one of the exceptional situations set out in Article 49 of the GDPR. Personal data will not be disclosed.
The Data Controller informs you of the right to lodge a complaint if you believe that your rights under the GDPR have been violated.
Contact details of the Garante can be found at the following link: https://www.garanteprivacy.it/web/garante-privacy-en/home_en.
7. HOW CAN DATA SUBJECTS EXERCISE HIS RIGHTS UNDER GDPR?
Without prejudice to what is stated about withdrawal of consent and disablement of cookies, as data subject, at any time you may exercise the above-mentioned rights by sending an e-mail to the following e-mail address: www.bergsmore.com.
If you would like to exercise your right to lodge a complaint, you can use the forms available at the following website: https://www.garanteprivacy.it/web/garante-privacy-en/home_en.
Last update: 16.01.2023